* 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
