Handicapped accessible
State of Wis. Office Building
Room 618
200 North Jefferson St.
Green Bay, WI 54301
Handicapped accessible
State of Wis. Office Building
Room 139
718 West Clairemont Ave.
Eau Claire, WI 54701
Handicapped accessible
Analysis Prepared by the Dept. of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07 (1), 97.09 (4), 97.20 (4), 97.22 (8) and 97.23
Statutes interpreted: ss. 97.20, 97.22 and 97.23
This rule modifies current rules under ch. ATCP 60, Wis. Adm. Code, related to follow-up testing of producer milk samples when a bulk tanker load of milk tests positive for a drug residue. This rule also clarifies how a dairy plant must dispose of milk that tests positive for a drug residue.
Follow-up Testing of Producer Milk Samples
Under current rules, a milk hauler must collect a sample of milk from every dairy farm milk shipment before loading that shipment onto a bulk milk tanker. The dairy plant operator receiving the bulk milk tanker load must perform a drug residue screening test on that tanker load. If the tanker load tests positive for any drug residue, the dairy plant operator must perform a drug residue test on each of the milk samples drawn from the producer milk shipments comprising the tanker load. If a producer sample tests positive for drug residue, the dairy plant operator may hold that producer financially responsible for contaminating the bulk load. Current rules do not require confirmatory tests on producer samples that test positive for drug residues.
This rule requires a dairy plant operator to perform a confirmatory test in duplicate on each producer milk sample that tests positive for any drug residue. Under this rule, the dairy plant operator must perform a confirmatory test using the same test method and producer sample. The operator must perform the confirmatory test in duplicate, with single positive and negative controls. If one or both confirmatory test results are positive for a drug residue, the milk producer's sample is considered positive for that drug residue.
Disposing of Contaminated Milk
This rule also clarifies how a dairy plant must dispose of milk that tests positive for a drug residue. Current rules require a dairy plant operator to reject a bulk tanker load of milk that tests positive for drug residue. A rejected bulk load may not be used for human food. This rule clarifies that a dairy plant operator must either dispose of a rejected bulk load or denature it before transferring it to any other person.
Fiscal Estimate
See page 30 of the May 31, 1999 Wis. Adm. Register.
Initial Regulatory Flexibility Analysis
See page 30 of the May 31, 1999 Wis. Adm. Register.
Notice of Hearings
Agriculture, Trade and Consumer Protection
▶ Reprinted from the May 31, 1999 Wis. Adm. Register.
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed amendments to ch. ATCP 77, Wis. Adm. Code, relating to certification fees for laboratories engaged in public health testing of milk, water and food.
Written Comments
The hearings will be held at the times and places shown below. The public is invited to attend the hearings and make comments on the proposed rule. Following the public hearings, the hearing record will remain open until June 30, 1999, for additional written comments.
Copies of Rule and Contact Information
A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608)224-4700. Copies will also be available at the public hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by July 15, 1999 either by writing to Debbie Mazanec, 2800 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608- 224-4712), or by contacting the message relay system (TTY) at 608-266-4399 to forward your call to the Department at 608-224-5058. Handicap access is available at the hearings.
Hearing Information
Three (3) hearings are scheduled. The hearings will be held simultaneously by videoconferencing at the following locations on Friday, June 18, 1999, from 9:00 a.m. - 10:30 a.m.
Locations:
Wis. Dept. of Agriculture, Trade &
Consumer Protection
Room 472
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible
State of Wis. Office Building
Room 618
200 North Jefferson St.
Green Bay, WI 54301
Handicapped accessible
State of Wis. Office Building
Room 139
718 West Clairemont Ave.
Eau Claire, WI 54701
Handicapped accessible
Analysis Prepared by the Dept. of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07 (1) and 93.12 (4) and (7)
Statute interpreted: s. 93.12 (4) and (7)
The 1995-97 biennial budget act, 1995 Wis. Act. 27, transferred administration of Wisconsin's laboratory certification program for milk, food and water laboratories from the Department of Health and Family Services to the Department of Agriculture, Trade and Consumer Protection (“Department"), effective July 1, 1996.
Under this program, the Department is now responsible for certifying laboratories that test milk, food or water for compliance with public health standards prescribed by federal, state or local laws. Under 1995 Wis. Act 27, the Department's public health lab certification program must be funded by certification fees paid by the certified laboratories. The Department must establish these fees by rule.
The Department adopted the current fees in 1996. Under current rules, a laboratory operator must pay an annual certification fee of $216 for each test at each laboratory for which the operator is certified. If a laboratory operator performs a test for less than a full calendar year, the annual certification fee is prorated at $18 per month for each full month of certification for that test. Under current rules, milk and food laboratories pay the same fees as water laboratories.
This rule amends the current fee structure to account for cost differences between different types of laboratories. Certification of milk and food laboratories requires more time than certification of water laboratories. In a milk or food laboratory, the Department must also certify each individual analyst who performs any milk or food test. In a water laboratory, the Department is only required to certify one analyst who performs the water test for which the Department is certifying the laboratory.
This rule increases lab certification fees to provide sufficient program revenue to fund the lab certification program. It also creates a variable fee schedule that more closely reflects the time required to conduct on-site certification visits in different types of labs and, when required, determine the competency of individual analysts to conduct specific tests.
Under the proposed rule, a certified laboratory must pay the following applicable fees:
• Water tests. An annual certification fee of $276 for each test which detects microbiological contaminants in drinking water. If the Department certifies a water laboratory to perform a test for less than a full calendar year, the lab operator must pay a fee of $23 for each full month of certification.
• Milk or food tests. An annual certification fee of $336 for each milk or food test. If the Department certifies a milk or food laboratory to perform a test for less than a full calendar year, the lab operator must pay a fee of $28 for each full month of certification.
• Certified analysts who perform milk or food tests. An annual certification fee of $25 for each analyst who performs one or more milk or food tests. An analyst's certification is valid for an entire year, even if the analyst is no longer employed at the laboratory where the analyst was employed when the Department last granted or renewed the analyst's certification.
Additional analyst certification. A supplemental fee of $150 for each requested certification of one or more analysts to conduct any milk or food test, if the certification occurs at any time other than during a mandatory inspection.
Fiscal Estimate
See page 31 of the May 31, 1999 Wis. Adm. Register.
Initial Regulatory Flexibility Analysis
See page 31 of the May 31, 1999 Wis. Adm. Register.
Notice of Proposed Rule
Gaming Division
Notice is hereby given that pursuant to ss. 16.004(1), 562.02(1), 563.04(2), 563.05(4), 227.46(3) and 227.47(1), Stats., and interpreting ss. 562.02(2)(f), 562.04(1)(b)6, 562.05(8)(a), 563.04(2), 563.05(4), 563.17, 563.95, 227.42(1) and 227.43 to 227.46, Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Department of Administration will adopt the following rule as proposed in this notice without a public hearing unless, within 30 days after publication of this notice, June 15, 1999, the Department of Administration is petitioned for a public hearing by 25 persons who will be affected by the rule, a municipality which will be affected by the rule, or by an association which is representative of a farm, labor, business or professional group which will be affected by the rule:
Analysis Prepared by the Department of Administration, Division of Gaming
The Department of Administration, Division of Gaming, proposes an order to repeal ss. WGC 3.01(1), (2), (3) and (4) and 3.05(1)(a) 1. and (c), (2)(a), (b) and (c) and (3)(a), (b) and (c); to renumber and amend WGC s. 3.05(1)(a) 2. and 3., and (b); to amend ss. WGC 3.01, 3.02, 3.03(1)(b) and (c), (2), (3) and (4), 3.04(1)(a) and (b), (2)(b) and (3)(b), 3.05(intro.) and (1)(a) and 3.06(1)(a) and (b) and (2), relating to contested case hearings arising out of the regulatory activities of the Division of Gaming.
Statutory authority: ss. 562.02(1) , 563.04(2), 563.05(4), 227.46(3), 227.47(1)
Statutes interpreted: ss. 562.02(2)(f), 562.04(1)(b)6., 562.05(8)(a), 563.04(2), 563.05(4), 563.17, 563.95, 227.42(1), 227.43 to 227.46
NOTE: The Department is requesting the Revisor of Statutes to make corrections to WGC Chapters under to s. 13.93(2m)(b)6, Stats. As a result of the statutory changes in 1997 Wisconsin Act 27, (repealing Chapter 561, Gaming Board, and creating s. 15.103(1m), Division of Gaming in the Department of Administration) we are requesting the Revisor to replace obsolete references to “Commission," “Director," and “Chairperson" with the following: “Department of Administration (Department)," “Division of Gaming (Division)," or “Administrator of the Division of Gaming (Administrator)."
SECTION 1. WGC 3.01 is amended to reflect that the Division is responsible for hearings arising under ch. 563 (charitable gaming) Stats., and Indian gaming compacts, rather than just ch. 562 (pari-mutuel racing) Stats.
SECTION 2. WGC 3.01(1) through (4) are repealed to reflect that the hearings conducted are no longer limited to those arising under ch. 562 (pari-mutuel wagering) Stats.
