Statute Interpreted: s.
97.177, Stats.
The department of agriculture, trade and consumer protection (DATCP) regulates the grading, packaging and labeling of cheese in this state. This rule modifies current rules related to the grading, packaging and labeling of Swiss (also known as emmentaler) cheese. The current rules are contained in ch.
ATCP 81, Wis. Adm. Code.
Swiss Cheese Grading Terms
Under current rules, a cheese grader evaluates Swiss cheese based on eye, texture and other cheese characteristics. The current rule spells out grade standards for eye and texture characteristics in table format, using customary (but undefined) industry terms to identify various physical traits. This rule defines those terms, consistent with industry custom.
Swiss Cheese Grading Procedure
Under current rules, a grader must grade cheese by withdrawing and evaluating sample “plugs" of cheese using an implement known as a “trier." This rule spells out a slightly different procedure for Swiss cheese. Under this rule:
•
A cheese grader must determine Swiss cheese flavor and body characteristics by withdrawing and evaluating “plugs" of cheese. This rule spells out the procedure for withdrawing and evaluating Swiss cheese “plugs" using a trier.
•
A grader must normally determine texture, color and eye characteristics by dividing a wheel or block of cheese in half and examining the exposed cut surfaces. If Swiss cheese has been already been cut into smaller pieces, the grader may examine the cut surfaces without making additional cuts. A grader may evaluate “plugs" of cheese, rather than cut pieces, if the cheese owner requests that procedure.
Wisconsin Grade Standards; Eye and Texture Characteristics
This rule changes current grade standards for Wisconsin grade A and Wisconsin state brand Swiss cheese. Under current rules, eyes must be uniformly distributed and a majority of the eyes must be 9/16 to
13/16 inch in diameter. Under this rule, eyes must be uniformly distributed and relatively uniform in size. A majority of the eyes must be 3/
8 to 13/16 inch in diameter.
This rule establishes an eye size requirement for Wisconsin grade B Swiss cheese that is identical to that for Wisconsin grade A Swiss cheese. Under this rule, the majority of eyes must be 3/8 to 13/16 inch in diameter.
Fiscal Estimate
Assumptions Used in Arriving at Fiscal Estimate
Rules related to cheese grading, packaging and labeling are contained in Chapter
ATCP 81, Wis. Adm. Code. Subchapter VII specifies the Wisconsin grade standards for Swiss or Emmentaler cheese. These standards include requirements for particular eye and texture characteristics of the cheese, including eye size. Current standards require that the majority of eyes (or holes) be
9/
16 to
13/
16 inch in diameter in order for the cheese to be labeled or sold as Wisconsin's grade A or state brand Swiss (emmentaler) cheese.
This rule updates the Wisconsin grade standard for Swiss (emmentaler) cheese so that the Wisconsin cheese industry may embrace new cheese manufacturing and packaging technology and meet customer expectations. This rule update will permit smaller eyes in Swiss or emmentaler cheese than the current standard allows by expanding the lower end of the range. This change will facilitate cutting operations with high-speed slicing equipment and help provide a more consistent quantity by weight of cheese in consumer packages. This rule change will also bring the Wisconsin grade standards into conformance with United States Department of Agriculture grade standards for Swiss cheese with regard to eye size, and allow the Wisconsin cheese industry to remain competitive on a nationwide basis.
This rule also defines current and new terms in Subchapter I to help clarify grade standard characteristics with respect to eye and texture characteristics of Swiss cheese. In Subchapter II, cheese grading procedures are modified to allow for better examination of eye and texture characteristics and evaluation of the cheese with respect to the proposed changes in the grade standard.
Currently, there are three multiple product graders employed by the department. No additional staff will be required to enforce these regulations. These amendments will not impose added costs on local government.
One-time costs of approximately $3640 will be incurred by the department for rule development.
Long - Range Fiscal Implications
None anticipated.
Initial Regulatory Flexibility Analysis
This proposed rule modifies current rules under ch.
ATCP 81, Wis. Adm. Code, related to cheese grading, packaging and labeling.
Under current DATCP rules, the majority of eyes or holes in Swiss (emmentaler) cheese must be 9/16 to 13/16 inch in diameter in order for the cheese to be labeled or sold as Wisconsin grade A or Wisconsin state brand. There are no eye size specifications in the current standards for Wisconsin grade B Swiss (emmentaler) cheese.
The proposed rule brings the Wisconsin grade standards for Swiss (emmentaler) cheese into conformance with recent changes in the federal grade standards adopted by the United States Department of Agriculture. The proposed rule allows smaller eyes by expanding the lower end of the eye size range and requires that the majority of eyes be 3/8 to 13/16 inch in diameter for Wisconsin grade A (Wisconsin state brand). It also requires the eyes to be relatively uniform in size and uniformly distributed. The proposed rule also establishes the same eye size range of 3/8 to 13/16 inch in diameter for Wisconsin grade B.
The proposed rule defines current and new terms to help clarify the grade standard characteristics with respect to eye and texture characteristics of Swiss cheese. The proposed rule also modifies grading procedures for Swiss cheese to allow for better examination and evaluation of texture, color, and eye characteristics. For the determination of texture, color, and eye characteristics, the cheese must be divided approximately in half to expose two cut surfaces for examination. Upon request of the owner of the cheese (or the owner's authorized representative), cheese samples for grading purposes may be obtained with the use of a trier in lieu of dividing the cheese in half.
This rule update in the Wisconsin grade standard for Swiss (emmentaler) cheese is necessary to keep pace with changes in manufacturing and packaging technology and meet a variety of customer and consumer preferences. Packagers and cut/wrap operations prefer smaller eyes that facilitate cutting operations with high-speed slicing equipment. Smaller eyes also enable the cutter to better control package weight and minimize trim. Delicatessen operators prefer a larger eye size due to customer preference at the retail level. It is believed that cheese manufacturers currently producing Swiss cheese with an eye size range of 9/16 to 13/16 inch in diameter will maintain or grow their market niche.
The proposed rule will not impose any direct costs on small businesses. These rule changes do not require any additional reporting or recordkeeping. No additional knowledge or professional skills are needed to meet the requirements of these proposed amendments.
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings, at the times and places indicated below, on its emergency rule and a proposed permanent rule to amend Chapter
ATCP 80, Wisconsin Administrative Code, relating to pathogen tests on ready-to-eat dairy products. The public is invited to attend the hearings and make comments on the the emergency rule and proposed permanent rule. Following the public hearings, the hearing record will remain open
until June 29, 2001, for additional written comments.
A copy of the emergency and proposed permanent rule may be obtained, free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708-8911, 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 June 7, 2001 either by writing to Debbie Mazanec, Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708-8911, (608-224-4712), or by contacting the message relay system (TTY) at 608-224-5058. Handicap access is available at the hearing locations.
Hearing Dates, Times And Locations
Date and Time: Thursday, June 14, 2001
10:00 a.m. – 12:00 noon
Location: Appleton Public Library
Lower Level Mtg. Room
925 S. Oneida Street
Appleton, WI 54911
Handicapped accessible
Date and Time: Friday, June 15, 2001
10:00 a.m. - 12:00 noon
Location: Iowa County Courthouse
County Board Room, 2nd Floor
222 N. Iowa Street
Dodgeville, WI 53533
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (DATCP) licenses and inspects dairy plants under s.
97.20, Stats. Current DATCP rules under s.
ATCP 80.56 (4), Wis. Adm. Code, require dairy plant operators to report to DATCP the results of any microbiological test that confirms the presence of a pathogenic organism in a pasteurized or ready-to-eat dairy product. The current reporting requirement discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from sale.
This emergency and proposed permanent rule repeals this counterproductive reporting requirement, and creates alternative rules that will provide better public health protection and encourage more pathogen testing. Under this rule:
•
A dairy plant operator may not sell or distribute any ready-to-eat dairy product in which a microbiological test has confirmed the presence of a pathogenic organism or toxin.
•
A dairy plant operator must report test results that confirm the presence of pathogens or toxins in ready-to-eat dairy products unless all the following apply:
* The tested product bears a product code or production lot number.
* The operator withholds, from sale or distribution, all ready–to–eat products that bear that product code or production lot number.
Under current rules, a dairy plant operator must keep records of all pathogen and toxin test results. This requirement will continue. DATCP may inspect and copy test records as necessary.
Fiscal Estimate
The Department of Agriculture, Trade and Consumer Protection ("department") licenses and inspects dairy plants under Wis. Stats. ss 97.20. Under s.
80.56 (4), Wis. Admin. Code, the department requires the dairy plant operator to report to the department results of any microbiological test conducted on a pasteurized or ready-to-eat dairy product that confirms the presence of pathogenic organisms in that product. The current reporting requirement discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from sale.
The emergency rule and proposed permanent rule repeals this counterproductive reporting requirement, and creates alternative rules that will provide better public health protection and encourage more pathogen testing.
The emergency rule and proposed permanent rule has no anticipated fiscal impact on the department.
Initial Regulatory Flexibility Analysis
The Department of Agriculture, Trade and Consumer Protection (DATCP) licenses and inspects dairy plants under s.
97.20, Stats. Current DATCP rules under s.
ATCP 80.56(4), Wis. Adm. Code, require dairy plant operators to report to DATCP the results of any microbiological test that confirms the presence of a pathogenic organism in a pasteurized or ready-to-eat dairy product. The current reporting requirement discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from sale.
The proposed rule repeals this counterproductive reporting requirement, and creates alternative rules that will provide better public health protection and encourage more pathogen testing.
The proposed changes are already in effect under an emergency rule which the department adopted. This rule will make the temporary rule changes permanent. Under this rule:
•
A dairy plant operator may not sell or distribute any ready-to-eat dairy product in which a microbiological test has confirmed the presence of a pathogenic organism or toxin.
•
A dairy plant operator must report test results that confirm the presence of pathogens or toxins in ready-to-eat dairy products unless all the following apply:
* The tested product bears a product code or production lot number.
* The operator withholds, from sale or distribution, all ready–to–eat products that bear that product code or production lot number.
Under current rules, a dairy plant operator must keep records of all pathogen and toxin test results. This rule requires no additional recordkeeping or other procedures for dairy plants. Small dairy plants will need no additional professional skills or assistance in order to comply with this rule.
This permanent rule will have minimal financial impact on the dairy industry.
Notice of Hearings
Agriculture, Trade and Consumer Protection
(reprinted from Mid-May, Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed rules
to repeal ch.
ATCP 56, and to repeal and recreate ch.
ATCP 55, relating to meat and meat food products. The department will hold three hearings at the time and places shown below. The department invites the public to attend the hearings and comment on the proposed rules. Following the public hearing, the hearing record will remain open until July 6, 2001, for additional written comments.
You may obtain a free copy of this rule by contacting 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) 224-4726. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for these hearing. Please make reservations for a hearing interpreter by June 12, 2001, by writing to Carol Winner, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4726. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearings are scheduled at:
Tuesday June 19, 2001, 10:00 a.m. until 2:30 p.m.
Green Bay State Office Building
200 North Jefferson Street
Room 152-A
Green Bay, WI 54301
Handicapped accessible
Wednesday, June 20, 2001, 10:00 a.m. until 2:30 p.m.
WDATCP Regional Office
3610 Oakwood Hills Parkway
