Rule-making notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
[
CR 01-124]
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on all the following:
•
A rule relating to dairy plants and cheesemakers. This rule modifies chs.
ATCP 80 and
69, Wis. Adm. Code.
•
A temporary emergency rule requiring DATCP approval of laboratory analysts who visually read drug residue screening tests on milk. This emergency rule modifies ch.
ATCP 77, Wis. Adm. Code. DATCP will charge laboratories a fee to cover the cost of evaluating analysts. DATCP adopted this temporary emergency rule effective November 15, 2001.
•
A proposal to adopt the above emergency rule as a “permanent" rule. DATCP proposes to do this by incorporating the emergency rule provisions with its “permanent" rules related to dairy plants and cheesemakers (see above).
DATCP will hold four hearings at the time and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rules. Following the public hearing, the hearing record will remain open until December 15, 2001, for additional written comments.
You may obtain a free copy of these rules 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) 224-4700. 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 November 23, 2001, by writing to Debbie Mazanec, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4712. Alternatively, you may contact the department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearings are scheduled:
Thursday, November 29, 2000, 9:30 a.m. until 12:30 p.m.
WDATCP Eau Claire Regional Office
3610 Oakwood Hills Parkway
Eau Claire, WI 54701-7754
Handicapped accessible
Tuesday, December 4, 2001, 9:30 a.m. until 12:30 p.m.
Appleton Public Library
Lower Level Meeting Room
925 So. Oneida Street
Appleton, WI 54911
Handicapped accessible
Wednesday, December 5, 2001, 9:30 a.m. until 12:30 p.m.
Green County Agriculture Bldg.
2841 6th Street
Monroe WI 53566
Handicapped accessible
Thursday, December 6, 2001, 9:30 a.m. until 12:30 p.m.
U. W. Pyle Center
702 Langdon Street
Madison, WI 53706
Handicapped accessible
The hearing in Madison on Thursday, December 6, 2001, will have videoconference connections with three additional locations. The public may participate in the hearing by testifying or registering an appearance at any of the four sites, and see as well as listen to testimony from other persons at all of the sites. Videoconference connections will be available from 9:30 a.m. until 12:30 p.m. at the following locations:
•
LaCrosse State Office Building, Room B-29
3550 Morman Coulee Road
LaCrosse WI 54601
Handicapped accessible
•
Wisconsin Rapids State Office Building
2610 Industrial Street, Conference Room #4
Wisconsin Rapids WI 54495
Handicapped accessible
•
University of Wisconsin – Green Bay
Instructional Services Bldg. Room #1034
Green Bay, WI 54311
Handicapped accessible
Text of Rule
ATCP 80 and 69 (Proposed Rule)
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Overview
The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") regulates dairy plants to protect consumers and facilitate interstate shipment of Wisconsin dairy products. This rule updates current dairy plant rules under chs.
ATCP 69 and
80, Wis. Adm. Code. Among other things, this rule:
Establishes alternative training options for persons who wish to be licensed as cheesemakers.
Updates current standards for dairy plant facilities.
Authorizes a dairy plant operator to use reclaimed water for dairy plant operations, subject to specified conditions.
Clarifies a dairy plant operator's responsibilities related to the receipt of raw milk from dairy farms.
Modifies current dairy product temperature standards.
Modifies current standards for bacteria and coliform in pasteurized dairy products.
Modifies current restrictions related to the reprocessing of packaged dairy products returned to a dairy plant.
Updates current pasteurization standards, and establishes standards for higher-heat shorter-time (HHST) pasteurizers.
Updates current pasteurization record keeping requirements. Among other things, this rule clarifies record keeping requirements related to high-temperature short-time (HTST) and higher-heat shorter-time (HHST) pasteurization.
Updates current standards related to dairy product fortification, dairy product test methods, and grade A audit surveys.
Makes other drafting and organizational changes to update and clarify current rules.
Background
DATCP currently licenses and inspects dairy plants under s.
97.20, Stats., and ch.
ATCP 80, Wis. Adm. Code. DATCP licenses individual cheesemakers under s.
97.17, Stats., and ch.
ATCP 69, Wis. Adm. Code. Dairy plants processing grade A fluid milk products must hold a grade A permit from DATCP. Dairy plants also have important responsibilities related to dairy farm milk procurement under ch.
ATCP 60, Wis. Adm. Code.
All dairy products must be produced under sanitary conditions. Dairy plants producing grade A fluid milk products must also comply with the interstate Pasteurized Milk Ordinance (PMO). Failure to comply with PMO requirements may jeopardize the interstate shipment of Wisconsin dairy products. Current DATCP rules establish standards for all dairy plants, including grade A dairy plants. DATCP rules incorporate PMO standards.
Current DATCP rules spell out requirements related to:
Dairy plant licensing and fees.
Dairy plant facilities and operations.
Dairy product quality standards and testing.
Pasteurization of dairy products.
Dairy plant records and reports.
Inspection and enforcement.
Cheesemaker license qualifications.
Rule Contents
Cheesemaker License Qualifications
Under current rules, individuals must meet certain training and experience requirements in order to be licensed as cheesemakers. Under current rules, an individual may be licensed if the individual does any of the following:
Completes an 18-month apprenticeship under a licensed cheesemaker.
Completes a 12-month apprenticeship, and either completes a university short course in cheesemaking or obtains a dairy-related associate degree at a vocational school.
Completes a 6-month apprenticeship and obtains a 4-year dairy-related college degree.
This rule creates another option for license applicants. Under this rule, an individual may be licensed as a cheesemaker if the individual completes a 240-hour apprenticeship, and completes DATCP-approved courses in all the following:
Cheesemaking.
Production of safe dairy foods
Hazard analysis critical control point (HAACP) process control.
Milk pasteurization.
Dairy sanitation.
DATCP may license the individual on a conditional basis, and may summarily suspend the license if the license holder fails to meet continuing education and performance standards.
Fluid Milk Products
Fluid milk products must be produced by grade A dairy plants, according to grade A standards. This rule updates the current “fluid milk product" definitions to conform to the interstate Pasteurized Milk Ordinance (PMO).
Dairy Plant Rooms
This rule clarifies, but does not substantially alter, current rules related to room separation in dairy plants. Certain activities must be separated from other activities to prevent contamination of dairy products.
Re-circulated Water; Testing
Under current rules, re-circulated water used in a dairy plant cooler or heat exchanger must be tested semi-annually by DATCP. This rule requires the dairy plant operator, not DATCP, to test semi-annually.
Reclaimed Water
This rule clarifies spells out standards for a dairy plant's use of water reclaimed from the condensation of milk or dairy products. The standards are designed to prevent dairy product contamination that may result from the improper use of reclaimed water. Under this rule:
•
A dairy plant operator may use water reclaimed by means of evaporation, reverse osmosis or ultrafiltration. The water must meet different standards, depending on how it is used.
•
Reclaimed water may not be used for any purpose requiring potable water unless all the following apply:
- DATCP pre-inspects and pre-approves the reclamation system.
- The reclaimed water is free of coliform bacteria.
- The standard plate count of the reclaimed water does not exceed 500 per ml. and meets DNR bacteriological standards.
- The organic content of the reclaimed water is less than 12 mg. per liter.
- The reclaimed water has no off-odors, off-flavors or slime formations. The dairy plant operator must check these things weekly.
- DATCP pre-approves any chemicals used to suppress bacterial growth, tastes or odors in the reclaimed water. Automatic proportioning devices must be used to add chemicals to the water. The dairy plant operator must test at least daily for chemical content. Chemicals may not contain substances that may contaminate dairy products.
- The reclaimed water is stored in properly constructed tanks.
- The dairy plant operator tests the reclaimed water for bacteriological and organic content at least semi-annually, and more often after the reclamation system is initially installed or repaired.
- There are no cross-connections between reclaimed water lines and any public or private water system.
•
Reclaimed water may be used for the limited purposes of producing culinary steam, pre-rinsing food contact surfaces of equipment or utensils, or preparing cleaning solutions if all the following apply:
- The reclaimed water meets all potable water standards, other than bacteriological standards.
- The reclaimed water is used only on the day that it is reclaimed.
- The reclaimed water is automatically maintained at a temperature of not less than 145° F., or is chemically treated to suppress bacterial propagation. Chemical treatments must comply with standards for potable water.
- Distribution lines and hose stations used to distribute the reclaimed water are clearly identified as “limited-use reclaimed water."
- The dairy plant operator posts clear instructions for the use of the reclaimed water. The instructions must limit the purposes for which the reclaimed water may be used.
- Water lines distributing the reclaimed water are not permanently connected to dairy product vessels. Temporary connections must be protected to avoid product contamination.
•
Reclaimed water that does not qualify for any of the above uses may only be used as boiler feed water.
Dairy Plant Personnel; Sanitation
Under current rules, persons with discharging or infected lesions on their hands or arms may not handle unpackaged dairy products. This rule prohibits them from handling unpackaged dairy products unless they have appropriate sanitary protection (including bandages and gloves) specified in this rule.
Equipment and Utensils
Current rules spell out sanitary design and construction requirements for dairy plant equipment and utensils. The current rules incorporate, by reference, “3-A" technical standards published by FDA and the International Association for Food Protection.
Under current rules, persons installing C-I-P (cleaned in place) systems must submit plans for DATCP approval. This rule requires the dairy plant operator, not the installer, to submit the plans. DATCP must act on the plans within 20 business days (currently 30 calendar days).
This rule regulates the use of flexible pipelines in dairy plants, to prevent sanitation hazards. Dairy plant operators may use flexible pipelines, subject to conditions specified in this rule, if rigid pipelines are impractical. This rule also modifies current standards for chlorine sanitizers used to sanitize equipment and utensils.
Milk from Dairy Farms
This rule clarifies a dairy plant operator's responsibilities related to the receipt of raw milk from dairy farms. A dairy plant operator may not collect or receive milk from a dairy farm unless all the following apply:
•
The dairy farm is properly licensed.
•
A licensed milk weigher and sampler collects a sample of the producer's milk (for milk quality testing), and measures and records the temperature and quantity of the producer's milk.
•
The operator complies with applicable milk testing and follow-up requirements under ch.
ATCP 60 (dairy farms).
Bulk Milk Tanker Deliveries
Current rules prohibit a dairy plant operator from receiving a grade A bulk milk tanker delivery unless the bulk milk tanker operator holds a grade A permit for that tanker. This rule also prohibits a dairy plant operator from receiving any bulk milk tanker delivery unless the tanker operator holds a bulk milk tanker license under s.
97.21 (2) (a), Stats., and ch.
ATCP 82.
Product Temperature
Current rules require dairy plant operators to keep dairy products above or below specified temperatures, to prevent hazardous bacterial growth. This rule modifies some of these current temperature requirements.
•
Under current rules, an operator who receives raw grade B milk or grade B dairy products for processing must keep those dairy products at 50º F. or less until they are pasteurized. Under this rule, the operator must keep those grade B dairy products at 45º or less until they are pasteurized (the same temperature currently required for grade A products). There is an exemption for milk received within 2 hours of milking, provided the milk is pasteurized or cooled to 45º within 4 hours.
•
Under current rules, a dairy plant operator may not hold milk or dairy products for more than 4 hours at a temperature that is between 45º F. and 140º F. Certain dairy products are currently exempt. This rule adds some limited exemptions.
•
Under current rules, dairy plant operators must keep certain non-dairy foods (including certain dairy product ingredients) at “safe temperatures" to prevent hazardous bacterial growth. This rule establishes new “safe temperature" requirements for these non-dairy foods, as follows:
- For refrigerated foods: 41º F. (currently 40º F.)
- For heated foods: 140º F. (currently 150º F.)
- For frozen foods: 0º F. (same as now)
Reprocessing Returned Products
Current rules prohibit a dairy plant operator from reprocessing grade A packaged dairy products returned to a dairy plant. There are certain exemptions. This rule prohibits a dairy plant operator from reprocessing any packaged dairy products (not just grade A products) returned to the dairy plant, except that it does not prohibit any of the following:
The use, as ingredients, of packaged dairy products that are specifically manufactured and packaged for use as ingredients in other dairy products.
Reprocessing packaged dry milk and dry milk products, if the inner package is intact.
Reprocessing packaged cheese or butter returned for failure to meet grade or color standards, if the inner package is intact and there is no evidence of product or temperature abuse.
Reprocessing dairy products collected from a packaging defoamer system, or drained from processing equipment at the end of a run, if the products are handled in a sanitary manner and repasteurized.
Reprocessing specifically authorized by DATCP in writing, under terms and conditions specified by DATCP.
Bacteria, Coliform, Yeast and Mold
This rule establishes more comprehensive bacteria and coliform standards for pasteurized dairy products. Under this rule, bacteria counts may not exceed 20,000 per ml. for most pasteurized dairy products. This standard does not apply to cultured dairy products (such as yogurt). Bacteria counts for the following products may not exceed the following levels:
30,000 per ml. for condensed milk, whey, dried whey and nonfat dry milk.
50,000 per gram for frozen desserts, except that the bacteria count for frozen dessert mixes may not exceed 20,000 per gram.
Under this rule, coliform counts in pasteurized dairy products may not exceed 10 per ml., except that coliform counts for pasteurized cheese, cheese products, butter and butter products may not exceed 100 per gram. If pasteurized cheese is manufactured from unpasteurized dairy products, its coliform count may not exceed 1,000 per gram.
Under this rule, the yeast and mold count in pasteurized cottage cheese may not exceed 10 per gram.
Fortified Dairy Products
This rule updates current standards for fortified dairy products. This rule incorporates the latest PMO standards (1999). DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate these standards by reference in this rule.
Milk Quality and Milk Component Test Methods
This rule updates current milk quality and milk component test methods. Milk test methods must be those prescribed in “Standard Methods for the Examination of Dairy Products," 16th edition (1992), or in the “Official Methods of Analysis of the Association of Analytical Chemists (AOAC) International, 17th edition (2000). DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate the updated AOAC standards by reference in this rule. DATCP may approve other test methods.
Pasteurization Standards
This rule establishes standards for higher-heat shorter-time (HHST) pasteurizers, including minimum temperature and hold times This rule also updates standards for conventional batch pasteurizers and high-temperature short-time (HTST) pasteurizers. HTST and HHST pasteurizers must meet technical standards published jointly by FDA, the International Association of Food Industry Suppliers and the International Association of Food Protection. DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate the updated standards by reference in this rule.
DATCP periodically tests pasteurizers according to procedures specified in the PMO. This rule updates current procedures to meet current PMO standards. DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate the updated PMO standards by reference in this rule.
When DATCP determines that a pasteurizer is operating correctly, it seals the pasteurizer to prevent alterations that might allow unpasteurized product to flow through the system. A dairy plant operator must immediately notify DATCP whenever a pasteurizer malfunctions or the operator breaks the seal (to repair a malfunctioning pasteurizer, for example). The dairy plant operator may not resume pasteurizer operations until certain safety requirements are met. This rule expands and clarifies those safety requirements. This rule extends, by 5 days, the current 5-day deadline for resealing the pasteurizer.
Pasteurization Records
This rule expands and updates current pasteurization record keeping requirements. Among other things it expands current record keeping requirements related to HTST and HHST pasteurization. Records must document that pasteurization met minimum standards designed to ensure dairy product safety.
Dairy Plant Records
Under current rules, a dairy plant operator must keep certain records and make those records available for inspection and copying by DATCP. This rule expands and clarifies current record keeping requirements. This rule:
Authorizes a dairy plant operator to keep cleaning and sanitizing records for C-I-P (“cleaned in place") systems in electronic form, with or without a hard copy. Electronic records must be accessible by a DATCP inspector.
Requires a dairy plant operator to keep records related to vitamin fortification of fluid milk products, including inventory records and vitamin assay records.
Grade A Audit Surveys
Under the PMO, current state statutes and current DATCP rules, the Department of Health and Family Services (DHFS) must audit grade A dairy plants and dairy farms for compliance with PMO requirements. DHFS also audits DATCP's compliance program for compliance with the PMO. This rule updates current audit standards to meet current PMO requirements. DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate the updated PMO standards by reference in this rule.
Drafting and Organizational Changes
This rule makes a number of drafting and organizational changes to clarify and update current rules.
ATCP 77 (Emergency Rule and Proposed Rule) Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutes interpreted: ss.
93.12, Stats.
Background
The Department of Agriculture, Trade and Consumer Protection (DATCP) certifies laboratories that test milk, food and drinking water for compliance with public health standards. Laboratory certification helps ensure that public health lab tests are accurate and reliable. DATCP has adopted laboratory certification rules under ch.
ATCP 77, Wis. Adm. Code.
Under current rules, DATCP certifies laboratories and approves analysts who conduct confirmatory drug residue tests on milk samples. But DATCP does not currently approve analysts who conduct “visual read" drug residue screening tests. The U. S. Food and Drug Administration (FDA), recently required states to approve laboratory analysts who conduct “visual read" screening tests. Analysts must be approved by March 1, 2002, or dairy plants may no longer be able to ship milk in interstate commerce.
This emergency rule implements the new FDA mandate. Under this emergency rule, DATCP will immediately begin to evaluate and approve analysts performing “visual read" screening tests, so that approvals will be in place by the March 1, 2002 deadline. DATCP will charge fees to cover the cost of the new program.
The emergency rule will expire after 150 days, unless extended. In order to continue the new program, DATCP also proposes to adopt the emergency rule as a “permanent" rule. This will ensure continued compliance with grade A interstate milk shipment requirements.
Rule Contents
Under this rule, analysts conducting drug residue screening tests on milk must be approved by DATCP. DATCP will evaluate and approve laboratory analysts who conduct “visual read" tests. DATCP will evaluate analysts who work for certified laboratories. Analysts at an approved laboratory will be authorized to conduct “visual read" tests for which the laboratory is also approved. Analysts will be approved to conduct those tests at that laboratory, but will not be approved to conduct the same tests at a different laboratory.
An approved laboratory may not employ unapproved analysts to conduct “visual read" tests. Before DATCP approves an analyst to perform a “visual read" test, DATCP will observe and evaluate the analyst's competency to perform that test. An approval expires on December 31 of each year unless, by that date, the laboratory documents to DATCP that the analyst has completed an annual proficiency test and has correctly identified both positive and negative samples.
Under this rule, a laboratory conducting “visual read" drug residue screening tests must pay the following fees:
•
$500 for initial approval of up to 3 analysts, and $25 for approval of each additional analyst during the same initial laboratory visit.
•
$150 for any subsequent visit to approve analysts, regardless of the number of analysts approved on that visit.
•
$100 for the annual renewal of analyst approvals. A $100 annual renewal covers all analysts currently approved to perform milk drug residue screening tests at that laboratory.
No site visit is required for an annual renewal. An annual renewal does not cover new analysts, nor does it cover analysts performing tests that they have not yet been approved to perform.
Fiscal Estimate
ATCP 80 & 69
The proposed rule to modify chs.
ATCP and 69, Wis. Adm. Code, will not have a significant fiscal impact on DATCP or local units of government. This rule updates current food safety requirements, and accommodates recent changes in dairy plant operations. It also clarifies the responsibility of dairy plant operators with respect to milk procurement from dairy farms. It does not affect DATCP staffing or funding.
ATCP 77
The emergency rule and proposed rule related to DATCP approval of milk laboratory analysts under ATCP 77, Wis. Adm. Code, will have a fiscal impact on DATCP. Under this rule, DATCP staff must perform additional evaluations of lab analysts, and must process additional approvals and annual renewals. DATCP must conduct evaluations at approximately 30 laboratories throughout the state. DATCP will incur some overtime costs in order to complete initial approvals by March 1, 2002. DATCP anticipates that this program will cost approximately $15,000 each year.
DATCP's laboratory certification program is entirely fee-funded. DATCP will not be able to absorb the additional costs, and will need to charge additional fees to cover the costs. Under this rule, a laboratory conducting “visual read" drug residue screening tests must pay the following fees:
•
$500 for initial approval of up to 3 analysts, and $25 for approval of each additional analyst during the same initial laboratory visit.
•
$150 for any subsequent visit to approve analysts, regardless of the number of analysts approved on that visit.
•
$100 for the annual renewal of analyst approvals. A $100 annual renewal covers all analysts currently approved to perform milk drug residue screening tests at that laboratory. No site visit is required for an annual renewal. An annual renewal does not cover new analysts, nor does it cover analysts performing tests that they have not yet been approved to perform.
DATCP estimates that these fees will generate approximately $15,000 in new revenues each year. DATCP estimates that these revenues will be approximately commensurate with the additional costs that DATCP will incur to evaluate and approve lab analysts under this rule.
Initial Regulatory Flexibility Analysis
ATCP 80 & 69
This rule applies to dairy plant operators, many of whom are “small businesses." This rule merely updates current rules and will not, in and of itself, have a major impact on small business. Much of this rule codifies federal requirements that Wisconsin processors must meet in order to ship milk and dairy products in interstate commerce. The rule will not add significant new costs, nor will it require dairy plants to retain additional professional services such as accounting or legal services.
ATCP 77
This rule affects milk testing laboratories, some of which are “small businesses." This rule requires DATCP approval of laboratory analysts performing “visual read" screening tests for drug residues in milk. DATCP will charge fees to certified laboratories to cover the cost of evaluating and approving analysts. This will impose some additional costs on laboratories, but will help Wisconsin's dairy industry by facilitating sales of Wisconsin dairy products in interstate commerce.
Under this rule, a laboratory conducting “visual read" drug residue screening tests must pay the following fees:
•
$500 for initial approval of up to 3 analysts, and $25 for approval of each additional analyst during the same initial laboratory visit.
•
$150 for any subsequent visit to approve analysts, regardless of the number of analysts approved on that visit.
•
$100 for the annual renewal of analyst approvals. A $100 annual renewal covers all analysts currently approved to perform milk drug residue screening tests at that laboratory. No site visit is required for an annual renewal. An annual renewal does not cover new analysts, nor does it cover analysts performing tests that they have not yet been approved to perform.
An approval expires on December 31 of each year unless, by that date, the approved laboratory documents to DATCP that the analyst has completed an annual proficiency test and has correctly identified both positive and negative samples. This may require some laboratories to conduct and report proficiency tests that they are not now conducting. Laboratories currently have sufficient expertise to administer these proficiency tests to their analysts. No new equipment is required. This rule will not require laboratories to retain additional professional services, such as legal or accounting services.
Notice of Hearings
Agriculture, Trade and Consumer Protection
[
CR 01-125]
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule to revise ch.
ATCP 60, relating to dairy farm standards. The department will hold four 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 December 15, 2001, for additional written comments.
You may obtain a free copy of these rules 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) 224-4700. 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 November 23, 2001, by writing to Debbie Mazanec, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4712. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearings are scheduled at:
Thursday, November 29, 2000, 9:30 a.m. until 12:30 p.m.
DATCP Eau Claire Regional Office
3610 Oakwood Hills Parkway
Eau Claire, WI 54701-7754
Handicapped accessible
Tuesday, December 4, 2001, 9:30 a.m. until 12:30 p.m.
Appleton Public Library
Lower Level Meeting Room
925 So. Oneida Street
Appleton, WI 54911
Handicapped accessible
Wednesday, December 5, 2001, 9:30 a.m. until 12:30 p.m.
Green County Agriculture Bldg.
2841 6th Street
Monroe WI 53566
Handicapped accessible
Thursday, December 6, 2001, 9:30 a.m. until 12:30 p.m.
U. W. Pyle Center
702 Langdon Street
Madison, WI 53706
Handicapped accessible
The hearing in Madison on Thursday, December 6, 2001, will have videoconference connections with three additional locations. The public may participate in the hearing by testifying or registering an appearance at any of the four sites, and see as well as listen to testimony from other persons at all of the sites. Videoconference connections will be available from 9:30 a.m. until 12:30 p.m. at the following locations:
• LaCrosse State Office Building, Room B-29
3550 Morman Coulee Road
LaCrosse WI 54601
Handicapped accessible
• Wisconsin Rapids State Office Building
2610 Industrial Street, Conference Room #4
Wisconsin Rapids WI 54495
Handicapped accessible
• University of Wisconsin - Green Bay
Instructional Services Bldg. Room #1034
Green Bay, WI 54311
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Overview
The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") regulates dairy farms to protect consumers and facilitate interstate shipment of Wisconsin dairy products. This rule updates current dairy farm rules under ch.
ATCP 60, Wis. Adm. Code. Among other things, this rule:
• Requires out-of-state dairy plant operators to test milk procured in this state from Wisconsin producers, and report test results.
• Authorizes milk producers to ship milk to 2 or more dairy plant operators. Each operator must comply with testing, reporting and other requirements related to milk shipped to that operator. One of the operators must take responsibility for producer licensing functions. That operator must pay the producer's license, grade A permit and re-inspection fees, and must perform initial dairy farm inspections and biennial water supply tests required for licensing purposes. Operators must report producer transfers.
• Authorizes milk producers (such as grazers) to discontinue milk shipments temporarily, without jeopardizing their license or permit status.
• Extends current rules to cover farms producing milk from sheep (current rules apply to cows and goats).
• Modifies current hot water capacity requirements for dairy farms.
• Authorizes the use of re-circulated water in plate coolers, subject to conditions specified in this rule.
• Authorizes milk producers to milk directly to bulk transport containers, subject to standards specified in this rule.
• Clarifies milk testing and reporting requirements.
• Requires dairy plant operators to respond immediately if the bacteria count in a producer's milk is more than 750,000 bacteria per ml. (the current “immediate response" level is 1,000,000 per ml.).
•Authorizes electronic reporting of milk test records. Dairy plant operators are encouraged, but not required, to implement electronic reporting by July 1, 2002.
•Requires a dairy plant operator to recover, from producers who contaminate milk with drug residues, the full amount of the operator's loss related to that milk. Under current rules, an operator must test bulk loads of milk, reject contaminated loads, and recover at least part of the loss from offending producers. This rule requires the operator to recover the full value of each rejected load (not just part), plus disposal costs.
•Tightens the current test standard for beta lactam drug residues in milk, and modifies current standards for Neomycin, Chlortetracycline and Oxytetracycline, per federal standards.
•Requires milk laboratories and laboratory analysts to be certified by DATCP, not the Department of Health and Family Services (DHFS). The Legislature recently transferred dairy, food and water lab certification responsibilities from DHFS to DATCP.
• Codifies DATCP's current program of performance-based dairy farm inspection. Under this program, DATCP inspects different farms with different frequency, depending on their performance.
•Updates current sanitation requirements for dairy farms.
• Updates current DATCP administrative procedures.
•Make drafting and organizational changes to clarify and modernize current rules.
Background
DATCP currently licenses and inspects dairy farms under ss.
97.22 to
97.24, Stats., and ch.
ATCP 60, Wis. Adm. Code. All dairy farms must be licensed. Grade A dairy farms must also hold a grade A permit. Only grade A milk may be sold as fluid milk. Grade B milk (and grade A milk) may be used to produce cheese and other non-fluid milk products. Grade A milk typically commands a higher price.
All milk must be produced under sanitary conditions. Grade A milk production must also comply with the Interstate Pasteurized Milk Ordinance (PMO). Failure to comply with PMO requirements may jeopardize Wisconsin interstate milk shipments. Current DATCP rules establish standards for grade A and grade B dairy farms. DATCP rules incorporate PMO standards.
A milk producer typically ships milk to a single dairy plant operator, although this industry custom is changing. DATCP licenses dairy plants located in this state. DATCP does not license out-of-state dairy plants, although it does have authority to regulate out-of-state dairy plants that procure milk in this state from Wisconsin producers. DATCP currently regulates dairy plants under ch.
ATCP 80, Wis. Adm. Code. ATCP 60 also spells out dairy plant responsibilities related to milk procurement from dairy farms.
Under current law, a dairy plant operator must submit milk producer license applications, license fees, and grade A permit applications on behalf of the milk producers who ship milk to that operator. A dairy plant operator must also test producer milk shipments for drug residues, bacteria, somatic cells and other adulterants, and must report test results to DATCP. A dairy plant operator must reject milk that fails to meet critical minimum standards.
Bulk milk haulers collect milk shipments from dairy farms, and transport those shipments to dairy plants. Each bulk tanker load typically includes milk shipments from several producers, although some large producer shipments may fill an entire tanker. The milk hauler weighs and measures the milk at the farm (for payment purposes), and collects a sample of each producer's milk before that milk is commingled with milk from other producers.
The milk hauler transmits producer milk samples to the dairy plant operator's laboratory for testing. The operator tests samples for drug residues, bacteria and somatic cells, and reports test results to DATCP. DATCP regulates milk haulers under ch.
ATCP 82, Wis. Adm. Code, and certifies milk testing laboratories under ch.
ATCP 77, Wis. Adm. Code.
Under current rules, a dairy plant operator must also screen each bulk load of milk before the operator commingles that load with any other loads. If a bulk load tests positive for drug residues, the dairy plant operator must reject it and test the individual producer samples for that bulk load. If a producer sample tests positive for drug residues, the dairy plant operator may charge that producer for the cost of the bulk load.
DATCP inspects currently inspects dairy farms, and monitors milk quality test reports. DATCP inspects grade A dairy farms at a specified frequency, based on dairy farm performance. DATCP inspects grade B farms less frequently. DATCP may suspend or revoke a producer's license or grade A permit for cause, including violations of farm sanitation or milk quality standards. Current rules spell out compliance procedures, including notice and appeal procedures.
Rule Contents
Out-of-State Dairy Plants
Current rules require licensed dairy plants to file license and permit applications for milk producers, pay producer license and reinspection fees, test producer milk shipments, and report test results to DATCP. Current rules do not apply to out-of-state dairy plants, which are not licensed by DATCP, although most out-of-state plants perform these functions voluntarily when procuring milk from Wisconsin producers. This rule requires out-of-state dairy plants to perform these functions when they procure milk in this state from Wisconsin producers. But this rule does not require out-of-state dairy plants to be licensed in this state.
Producer Shipping to 2 or More Dairy Plants
A milk producer typically ships milk to a single dairy plant operator, although this industry custom is changing. Some large producers concurrently ship milk to 2 or more dairy plant operators. This rule allows a producer to ship to 2 or more dairy plant operators if all the following apply:
•Each operator tests milk shipments shipped to that operator, and reports test results. The operator must also comply with other requirements related to those shipments.
•One of the operators files license and permit applications for the milk producer, and pays producer license and reinspection fees. Under this rule, as under current rules, the operator must charge producer reinspection fees back to the producer.
Producer Transferring Between Dairy Plants
A dairy plant operator must notify DATCP if a producer transfers to that operator, or if the operator assumes license and fee payment responsibilities for that producer.
Milk Shipments Discontinued
This rule authorizes a producer (such as a grazer) to discontinue milk shipments for up to 180 days without jeopardizing the producer's license status, and for up to 60 days without jeopardizing the producer's grade A permit status. A dairy plant operator must report to DATCP when the producer stops and resumes shipments.
If a dairy plant operator terminates a milk producer, the operator must report the termination to DATCP. DATCP will revoke the producer's license 30 days after the termination unless the producer is shipping milk to another operator.
Dairy Sheep
Current dairy farm rules apply to cattle and goats. This rule extends current rules to include sheep.
Lighting in Barns, Milking Parlors and Milkhouses
This rule increases the minimum lighting standard in barns, milking parlors and milkhouses. This rule requires at least 30 foot-candles of illumination in milking parlors and milkhouses (current rules require 20 foot-candles).
Water Supply
Under current rules, a dairy plant operator must biennially sample a milk producer's water supply. The water sample must be tested at a certified laboratory. The Legislature recently transferred water lab certification responsibilities from the Department of Health and Family Services (DHFS) to DATCP. DATCP has adopted laboratory certification rules under ch.
ATCP 77, Wis. Adm. Code. This rule updates current dairy farm rules to require lab certification by DATCP, not DHFS.
Hot Water
This rule modifies current capacity requirements for hot water supply systems. This rule eliminates a number of specific capacity requirements, but requires adequate hot water for all milkhouse operations (with a minimum of 10 gallons to clean equipment and utensils). DATCP may approve alternative systems, including heat recovery and continuous flow systems that provide adequate hot water.
Re-Circulated Cooling Water
Current rules prohibit the use of re-circulated water to cool milk. This rule permits the use of re-circulated water in plate coolers if all the following apply:
•The re-circulated water originates from a safe source that complies with DNR rules.
•The re-circulated water is bacteriologically safe, and is protected from contamination. The milk producer must test for bacteria at least twice a year. Test results must meet minimum standards specified in this rule.
•The re-circulating system uses non-toxic coolants.
If a re-circulating water system becomes contaminated, the milk producer must stop using the system until the producer does all the following:
•Eliminates the contamination source and treats the re-circulated water.
•Re-tests the re-circulated water, and determines that the water meets the bacteriological test standards under this rule.
Toilet Facilities
This rule re-states, but does not substantially alter, current standards for toilets on dairy farms. Toilets must comply with applicable DNR and Department of Commerce rules.
Milking Directly to Bulk Transport Containers
Most farmers milk to a permanent bulk tank in the milkhouse, where milk is cooled and stored for shipment. A milk hauler then collects the milk from the bulk tank, and transports it in a bulk milk tanker to a dairy plant. However, some large farmers propose to cut costs by milking directly to the bulk transport container (tanker) in which the farmer then transports the milk to the dairy plant. This rule authorizes producers to milk directly to a bulk transport container if all the following apply:
•The producer controls the operation and maintenance of the bulk transport container. The producer may not collect milk from other producers unless the producer operates as a licensed as a milk hauler under ch.
ATCP 82.
•The bulk transport container is constructed and maintained according to bulk milk tanker standards under ch.
ATCP 82.
•The bulk transport container has an access port that can be sealed.
•The bulk transport container, while parked at the dairy farm, is kept on a pad of concrete other impervious material. The pad must be located next to the milkhouse, to minimize the length of the transport hose between the milkhouse and the bulk transport container.
•All permanent pipelines connecting the bulk transport container to the milk handling system terminate in the milkhouse.
•The milk producer cools all milk to a temperature of 45° F. (7° C.) or lower before the milk enters the bulk transport container. The producer may use a plate cooler, tube cooler or bulk tank to cool the milk. The producer must measure and record milk temperatures.
• The bulk transport container outlet valve is close-coupled and protected with an effective dust cover.
•The producer keeps the bulk milk cooling device, transport hose and bulk transport container outlet valve in clean and sanitary condition.
•The dairy plant operator collects a milk sample, screens for drug residues, and records the temperature and quantity of milk before unloading the bulk transport container.
•The dairy plant operator cleans and sanitizes the bulk transport container after each milk shipment, just as the operator would clean and sanitize a bulk milk tanker under ch.
ATCP 82.
Milk Testing and Reporting
Under current rules, dairy plant operators must test milk from dairy farms and report test results to DATCP. This rule clarifies current reporting requirements and authorizes electronic reporting. Dairy plant operators are encouraged, but not required, to implement electronic reporting by July 1, 2002.
Under this rule, as under the current rule, milk tests must be performed at certified laboratories. Under this rule, milk laboratories and analysts must be certified by DATCP, not the Department of Health and Family Services (DHFS). The Legislature recently transferred dairy, food and water lab certification responsibilities from DHFS to DATCP.
This rule updates current milk test methods. Milk test methods must be those prescribed in “Standard Methods for the Examination of Dairy Products", 16th edition (1992), or in the “Official Methods of Analysis of the Association of Analytical Chemists (AOAC) International", 17th edition (2000). DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate these updated technical standards by reference in this rule. DATCP may approve other test methods.
Bacteriological Testing; “Immediate Response" Levels
Under current rules, dairy plant operators must take immediate steps if a producer's milk is found to contain more than 1,000, 000 bacteria per ml. This rule lowers the “immediate" response level to 750,000 bacteria per ml.
Drug Residue Testing
Under current rules, a dairy plant operator must screen each bulk load of milk for drug residues, before the operator commingles that load with any other loads. If a bulk load tests positive for drug residues, the dairy plant operator must reject it and test the individual producer samples for that bulk load. If a producer sample tests positive for drug residues, the dairy plant operator may charge that producer for the cost of the bulk load. Under current rules, the operator must recover at least part of the operator's loss from the offending producer.
Under this rule, the dairy plant operator must recover the full value of each rejected load (not just part) from the offending producer. The operator must also recover any additional transportation, testing and disposal costs caused by the contamination. If there are 2 or more offending producers, the operator must recover pro rata from those producers based on the relative size of their milk shipments in the contaminated bulk load.
This rule tightens current test standards for beta lactam drug residues in milk, and modifies current standards for Neomycin, Chlortetracycline and Oxytetracycline, per federal standards.
Performance-Based Dairy Farm Inspection
This rule codifies DATCP's current program of performance-based dairy farm inspection. Under this program, DATCP inspects different grade A dairy farms with different frequency, depending on their performance. The terms of the performance-based inspection are consistent with the requirements of the Interstate Pasteurized Milk Ordinance (PMO).
Under this rule, DATCP must evaluate each grade A dairy farm every 3 months, based on inspection reports, milk quality tests and department compliance actions during the preceding 12 months. Based on this evaluation, DATCP must place the dairy farm in one of the following categories:
Twelve-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 12 months. DATCP must place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months:
•All of the producer's standard plate counts (SPC) are less than 25,000, except one SPC may exceed 25,000 if it is not more than 100,000.
•All of the producer's somatic cell counts (SCC) are less than 500,000.
•DATCP has not issued any warning for drug residue violations or “key" farm inspection violations.
•No dairy farm inspection report shows more than 5 violations.
•DATCP has not suspended the producer's grade A dairy farm permit or milk producer license.
•The producer's latest water supply test complies with this rule.
Six-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 6 months. DATCP must place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months:
•The dairy farm fails to qualify for the 12-month inspection category.
•DATCP has not issued more than one warning for violations of bacteria or somatic cell test standards.
•DATCP has not issued any warning for drug residue violations or “key" farm inspection violations.
•No dairy farm inspection report shows more than 5 violations.
•DATCP has not suspended the producer's grade A dairy farm permit or milk producer license.
•The producer's latest water supply test complies with this rule.
Four-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 4 months. DATCP must place a dairy farm in this category if the dairy farm does not belong in the 12-month, 6-month or 3-month inspection category, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months.
Three-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 3 months. DATCP must place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months:
The dairy farm does not qualify for the 12-month or 6-month inspection category.
DATCP has done any of the following:
* Issued more than one warning for violations of bacteria or somatic cell test standards.
* Issued more than one warning for drug residue violations.
* Issued more than one warning for “key" farm inspection violations.
* Conducted more than one re-inspection of the dairy farm.
* Suspended the producer's dairy farm license or grade A permit.
Compliance Procedures
This rule clarifies DATCP compliance procedures related to dairy farms. This rule does not make significant changes in current procedures, except that it extends the deadline for holding an informal hearing on a contested drug residue finding. Under current rules, DATCP must hold the informal hearing within 3 business days after the producer requests the hearing, unless the producer requests a later hearing date. Under this rule, DATCP must hold the informal hearing within 10 business days after the producer requests the hearing, unless the producer requests a later hearing date. This new deadline is consistent with the current deadline for holding informal hearings on other contested dairy farm violations.
Fiscal Estimate
The proposed rule to amend current dairy farm rules under ch.
ATCP 60, Wis. Adm. Code, will not have a major fiscal effect on DATCP or local government. This rule updates existing food safety requirements, and accommodates recent changes in dairy farm operations. It also clarifies the responsibility of dairy plant operators with respect to dairy farms.
DATCP currently licenses and inspects dairy farms under ss.
97.22 to
97.24, Stats., and ch.
ATCP 60. This requirement would not change. All milk must be produced under sanitary conditions.
Under current law, a dairy plant operator must submit milk producer license applications, annual license fees, and grade A permit applications on behalf of the milk produ cer. The dairy plant operator must also test producer milk shipments for drug residues, bacteria, somatic cells and other adulterants, and requires reporting test results to DATCP. This requirement will not change.
Current rules spell out compliance procedures, including notice and appeal procedures. This rule clarifies DATCP compliance procedures related to dairy farms. This rule does not make significant changes in current procedures.
Initial Regulatory Flexibility Analysis
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) regulates dairy farms to protect consumers and facilitate interstate shipment of Wisconsin dairy products. This rule updates current dairy farm rules under ch.
ATCP 60, Wis. Adm. Code.
This rule accommodates recent changes in dairy farm operations and updates existing food safety requirements. It also clarifies the responsibility of dairy plant operators with respect to dairy farms.
The impact of this rule modification will not affect small dairy farms in Wisconsin.
Among proposed changes to ATCP 60 are:
•Requires out-of-state dairy plant operators to test milk procured in this state from Wisconsin producers, and report test results.
•Authorizes milk producers to discontinue milk shipments temporarily, without jeopardizing their license or permit status.
•Extends current rules to cover farms producing milk from sheep (currently rules apply to cows and goats).
•Modifies current hot water capacity requirements for dairy farms.
•Authorizes the use of re-circulated water in plate coolers, subject to conditions specified in this rule.
•Authorizes milk producers to milk directly to bulk transport containers, subject to standards specified in this rule.
•Clarifies milk testing and reporting requirements.
•Authorizers electronic reporting of milk test records.
•Requires a dairy plant operator to recover, from dairy producers who contaminate milk with drug residues, the full amount of the operator's loss related to that milk.
•Requires dairy plant operators to respond immediately if the bacteria count in a producer's milk is more than 750,000 bacteria per ml.
• Codifies DATCP's current program of performance-based dairy farm inspection. Under this program, DATCP inspects different farms with different frequency, depending on their performance.
• Updates current sanitation requirements for dairy farms.
•Updates current DATCP administrative procedures.
•Makes drafting and organizational changes to clarify and modernize current rules.
The impact of the proposed rule change on small business is negligible. It would not be necessary for dairy farms to retain additional professional services such as accounting or legal services to comply with this rule.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Chiropractic Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting s.
446.01 (2), Stats., the Chiropractic Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
Chir 4.03; and to create s.
Chir 4.02 (3), relating to paraphysiological space and the practice of chiropractic.
Hearing Date, Time and Location
Date: December 13, 2001
Time: 9:45 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
This hearing was originally scheduled for November 15, 2001.
Appearances at the hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by December 27, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
In a recent opinion of the Attorney General regarding the practice of chiropractic, the definitions of chiropractic that appear in s.
446.01 (2), Stats., and ss.
Chir 4.02 and
4.03, contain general language which does not provide specific guidance to chiropractors and to practitioners of other professions. In this proposed rule-making order the board creates additional, more specific language.
Text of Rule
SECTION 1. Chir 4.02 (3) is created to read:
Chir 4.02 (3) “Paraphysiological space" means the range of motion of a skeletal articulation that exceeds voluntary movement but does not exceed anatomical integrity.
SECTION 2. Chir 4.03 is amended to read:
Chir 4.03 Practice. The practice of chiropractic is the application of chiropractic science in the adjustment of the spinal column, skeletal articulations and adjacent tissue which includes diagnosis and analysis to determine the existence of spinal subluxations and associated nerve energy expression and the use of procedures and instruments preparatory and complementary to treatment of the spinal column, skeletal articulations and adjacent tissue. Diagnosis and analysis may include physical examination, specimen analysis, drawing of blood, blood-analysis and the use of x-ray and other instruments. Any procedure that causes a joint structure of the spine or pelvis to enter the paraphysiological space is a practice of chiropractic.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to s.
101.935 (2) (c) 2., Stats., as amended by
2001 Wis. Act 16, the Department of Commerce will hold a public hearing on proposed rules relating to mobile home park permit fees.
The public hearing will be held as follows:
Tuesday, November 27, 2001
10:00 a.m. Room 3B, Thompson Commerce Center
201 W. Washington Avenue
Madison
Analysis of Proposed Rules
Effective September 1, 2001,
2001 Wisconsin Act 16 transferred the authority of administrating the manufactured home park water or sewer service program, Wisconsin Administrative Code chapter PSC 186, from the Public Service Commission (PSC) to the Department of Commerce. The act also gives the Department the authority, beginning in fiscal year 2002-03, to increase the current chapter Comm 95 administration fees to cover the cost of administering chapter PSC 186. The proposed rules consist of an increase in the fees assessed on manufactured home park owners/operators for the costs of administering the manufactured home park regulations in chapters Comm 95 and PSC 186. A rule is also added to clarify the amount that agents must reimburse the Department for the costs of administering the water and sewer service program.
Fiscal Estimate
The total annual cost of administering the manufactured home water and sewer service program, including salaries, fringes and supplies, is $61,400. During fiscal year 2001-02, and in previous fiscal years, fees were assesed by the PSC on an annual basis. The amount assessed was the result of dividing the cost of the program by the total number of manufactured homes sited in Wisconsin and coming up with a per-home cost. The mobile home park owner/operators would then be assessed an amount determined by multiplying the amount of homes owned/opertated by the per-home cost. For example, based on an estimated total number of homes in Wisconsin at 50,533 the resultant annual cost to administer the program, per home, would be $1.22. If a park owner had 50 homes, the annual fee assessed would be 50 times $1.22 or $61.00.
The park permit fee is currently based on a numerical "range" of sites and a 2-year cycle. The annual fees to administer the water and sewer program must be converted to reflect the same range and duration as park permit fees. The permit fee to obtain or renew a 2-year permit, as set forth in section
Comm 95.05, is currently: for a mobile home park with 1 to 25 sites, $200; 26 to 50 sites, $250; 51 to 100 sites, $300; and more than 100 sites, $350. To cover the cost of administering the manufactured home park water and sewer service program these permit fees, based upon the number of parks in the different numerical ranges, must be increased by 50%. With this increase the new permit fees will be: for a mobile home park with 1 to 25 sites, $300; 26 to 50 sites, $375; 51 to 100 sites, $450; and more than 100 sites, $525.
Commerce currently has designated agents that issue permits and make inspections of the mobile home parks. Of the 1102 parks permitted in the state, 279 are permitted by agents. To maintain continuity, Commerce will administer the water and sewer service program in all parks, whether permitted by the state or its agents. To alleviate any confusion, the agents will charge the same permit fee as Commerce, including the fee to adminster the water and sewer service program, and will then reimburse Commerce that portion of the fee collected to cover the cost of administering the water and sewer service program
Initial Regulatory Flexibility Analysis
The proposed rules will affect any businesses that own or operate a manufactured home park. There are no reporting, bookkeeping or other procedures required for compliance with the proposed rules. There are no types of professional skills necessary for compliance with the proposed rules.
Appearances at the Hearing
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until December 7, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.
This hearing is held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Notice of Hearing
Financial Institutions - Corporate and Consumer Services
[
CR 01-122]
Pursuant to s.
227.17, Stats., notice is hereby given that the Department of Financial Institutions, Division of Corporate and Consumer Services will hold a public hearing at the time and place indicated below to consider repealing and creating rules regarding implementation of the Wisconsin Uniform Commercial Code and operation of a lien filing system. This hearing covers the emergency rules in effect since October 24, 2001 and proposed permanent rules regarding the same.
Date & Time Location
December 3, 2001 Tommy G. Thompson Conf. Room
Monday 5th Floor
9:00 a.m. Department of Financial Institutions
345 West Washington Avenue
Madison, WI 53703
This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call Ray Allen at (608) 264-9566 or TTY (608) 266-8818 for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act.
Written comments in lieu of public hearing testimony must be received not later than the hearing date and should be addressed to Ray Allen, Administrator, Department of Financial Institutions, Division of Corporate and Consumer Services, 3rd Floor, P.O. Box 7846, Madison, WI 53707-7846.
Analysis Prepared by Department of Financial Institutions, Division of Corporate and Consumer Services
To repeal ch. SS 3 and to create chs.
DFI-CCS 1,
2,
3,
4,
5,
6 and
7; and to repeal emergency rules published and effective July 2, 2001. Statutory authority:
1995 Act 27 s.
9150 (2bt)(f), and ss. 227.24 (1), 227.11 (2) and 409.526, Stats. Summary:
2001 Act 10 repealed and recreated the Wisconsin Uniform Commercial Code (“UCC"), effective July 1, 2001. The act authorizes the Department of Financial Institutions to promulgate rules to implement the UCC. Without these rules, the department will be unable to give effect to the provisions of the UCC. The act is part of an effort by the National Conference of Commissioners on Uniform State Laws and all member states to implement a revised model Uniform Commercial Code on July 1, 2001 to facilitate interstate commerce with nation-wide uniformity in lien filings. The rules address general provisions, acceptance and refusal of documents, the information management system, filing and data entry procedures, search requests and reports, other notices of liens under the UCC, and realty-related filings.
Statutory Authority
Fiscal Estimate
A summary of the fiscal effects of the proposed rules is as follows. For state fiscal effect: increase existing appropriation and increase costs. For local fiscal effect: increase costs for counties. Fund sources affected: program revenue; affected Ch.
20 appropriations .20.144 (1) (g).
Initial Regulatory Flexibility Analysis:
The rule may have an impact on small businesses. Types of small businesses that will be affected by the rule: any small business which issues a lien or related document under the Wisconsin Uniform Commercial Code. Description of the proposed reporting, bookkeeping and other procedures required for compliance: revised forms and centralized filing location. Types of professional skills necessary for compliance: no new skills.
Contact Person
A copy of the full text of the proposed rules and fiscal estimate may be obtained through the following:
Ray Allen, Administrator
Department of Financial Institutions
Division of Corporate and Consumer Services
3rd Floor, P.O. Box 7846
Madison, WI 53707-7846
tel. (608) 264-9566
A copy of the full text of the proposed rules may also be obtained at the department's website,
www.wdfi.org.
Notice of Proposed Rule
NOTICE IS HEREBY GIVEN that pursuant to the authority of s.
110.20 (9) (d), Stats., as amended by
2001 Wis. Act 16, and 227.11, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule amending ch.
Trans 131 without public hearing unless, within 30 days after publication of this notice, on November 15, 2001, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Questions about this rule and any petition for public hearing may be addressed to Jerry Medinger, Department of Transportation, Bureau of Vehicles Services, Room 253, P. O. Box 7909, Madison, WI 53707-7909, telephone (608) 266-2267.
Analysis Prepared by the Wisconsin Department of Transportation
Ch.
Trans 131 governs the operation of the Vehicle Emission Inspection Program. This rule making proposes to amend s.
Trans 131.03 (2) (a) which requires a vehicle registrant to obtain an emission test within 90 days prior to registration renewal. Originally, emission testing was done every year. Existing policy that the vehicle must be tested within 90 days prior to registration renewal was intended to assure that no more than 15 months would have passed between a vehicle's testing. Currently, tests are done every two years, and the 90-day window is more restrictive than necessary. We propose making the window 180 days instead of 90 days. The other provisions are references to the period of time prior to registration renewal in which a vehicle may be tested, and are simply changed to correspond to the 180-day period from 90-days.
Text of Proposed Rule
Under the authority vested in the state of Wisconsin, department of transportation, by s. 110.20 (9) (d), Stats., as amended by 2001 Wis. Act 16, the department of transportation hereby proposes to amend a rule interpreting s. 110.20 (6) (a) 1., Stats., relating to vehicle emission inspections.
SECTION 1. Trans 131.03 (2) (a) is amended to read:
Trans 131.03 (2) (a) No more than 90 180 days prior to renewal of annual registration. In the 2nd year after the nonexempt vehicle's model year and every 2 years thereafter.
SECTION 2. Trans 131.04 (1) (b) is amended to read:
Trans 131.04 (1) (b) The emission related repairs and adjustments made to the vehicle's emission control system, including cost for parts and labor, have been performed on the vehicle within 90 180 days prior to renewal of annual registration or within 90 180 days of vehicle ownership change registration and such repairs and adjustments are indicated in the space provided on the vehicle inspection report by the person performing the repairs. If the labor for vehicle repair is performed without charge or cost, only the cost of replacement parts shall be indicated. An itemized receipt indicating the parts, labor cost, and date of purchase shall be provided to the waiver investigator.
SECTION 3. Trans 131.08 (1) is amended to read:
Trans 131.08 (1) ELIGIBILITY. When a vehicle subject to the emission inspection requirements of this chapter is unavailable for an inspection due to either the vehicle's absence or inoperative condition, or the owner's or lessee's absence or incapacity, during the 90 180 day period prior to the license expiration date, or within 45 days of an ownership change registration or registration as a collector or hobbyist vehicle, and inspection is not available under Trans 131.10, the owner or lessee may request of the department a letter of temporary exemption from the requirements of this chapter.
SECTION 4. Trans 131.10 (1) is amended to read:
Trans 131.10 (1) COMPLIANCE. When a vehicle subject to the emission inspection requirements of this chapter is unavailable for an inspection due to the vehicle's absence from the Wisconsin inspection area during the 90 180 day period prior to the license expiration date, or within 45 days of an ownership change registration or registration as a collector or hobbyist vehicle, but is operating in another nonattainment area requiring vehicle emission inspections, the owner or lessee shall submit an official vehicle inspection report, or the equivalent document, from that area indicating that the vehicle has passed the emission inspection in that area.
Fiscal Effect
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district or sewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis.
This proposed rule will have no adverse impact on small businesses.
Copies of Rule
Copies of the proposed rule may be obtained upon request, without cost, by writing to Jerry Medinger, Third Party Programs Section, P. O. Box 7909, Madison, WI 53707-7909, or by calling (608) 266-2267. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
