Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the December 31, 2002, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
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An order affecting ch.
Accy 5, relating to experience in public practice. Effective 1-1-03.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in a s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments received.
An order affecting ch.
Accy 1, relating to the definition of “ownership interest" for the purpose of determining eligibility of firms for a license as a certified public accounting firm. Effective 1-1-03.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in a s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments received.
Agriculture, Trade and Consumer Protection
(
CR 01-124)
An order affecting ch.
ATCP 80, relating to dairy plants and dairy laboratories. Effective 1-1-03.
Summary of Final Regulatory Flexibility Analysis
This rule updates current dairy plant rules (ATCP 69 and 80, Wis. Adm. Code). The rule incorporates new food safety standards for dairy plants, and accommodates recent changes in dairy plant operations. The rule applies to grade A and grade B dairy plants. It incorporates current grade A dairy plant standards under the Interstate Pasteurized Milk Ordinance (PMO). Revisions in ch.
ATCP 69 establish alternative training options for persons who wish to be licensed as cheesemakers.
In July, 2001, the U. S. Food and Drug Administration (FDA) issued a new directive requiring states to approve laboratory analysts who conduct drug residue screening tests. Analysts must be approved or dairy plants may no longer be able to ship milk in interstate commerce. The revisions to ch.
ATCP 77, Wis. Adm. Code, require DATCP to approve laboratories to conduct drug residue screening tests on milk samples. An approved laboratory must employ DATCP-approved analysts to conduct the tests. DATCP must perform an on-site evaluation of every laboratory and analyst that conducts “visual read" screening tests without the aid of a mechanical reader. The laboratory must pay specified fees necessary to recover DATCP costs.
Small Businesses Affected by this Rule
This rule affects dairy plants, which are businesses that process or manufacture dairy products from raw milk shipped to the dairy plant by milk producers. This includes approximately 450 dairy plants in this state that are licensed and inspected by the department. The rule also affects approximately 85 drug residue screening laboratories. Many of these businesses are “small businesses" as defined in s.
227.114 (1) (a), Stats.
Effects on Small Business
The dairy plant rule changes affect dairy plant operators, some of whom are small businesses. For the most part, these rules will help small businesses by modernizing current regulations to accommodate changing industry practices. This rule merely implements changes in the interstate Pasteurized Milk Ordinance and redrafts existing requirements for dairy plants so they will be easier to read and understand. This rule will not, by itself, have a major impact on small business.
Changes in the laboratory certification rule require DATCP approval of laboratory analysts performing screening tests for drug residues in milk. DATCP will conduct on-site competency evaluations of analysts performing “visual read" tests. DATCP will charge fees to authorized laboratories to cover the cost of the new program. 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. This rule update is necessary to ensure compliance with federal requirements. The Department reduced approval fees for certain small laboratories to minimize the fiscal impact on such businesses.
Conclusion
This rule will not, by itself, have a major impact on small business. For the most part, this rule merely implements changes in the interstate Pasteurized Milk Ordinance and a FDA mandate to approve drug residue screening laboratories. A dairy plant operator or laboratory operator will not need additional professional services to comply with this rule.
Summary of Comments of Legislative Standing Committees
On October 30, 2001, DATCP transmitted the above rule for legislative committee review. The committee took no action on this rule during the review period. The rule was assigned to the Senate Committee on Labor and Agriculture and to the Assembly Committee on Agriculture.
- The Senate committee took no action on this rule during the review period.
- The Assembly committee took no action on this rule during the review period.
Agriculture, Trade and Consumer Protection
(
CR 01-125)
An order affecting ch.
ATCP 60, relating to dairy farms. Effective 1-1-03.
Summary of Final Regulatory Flexibility Analysis
This rule updates food safety requirements, and accommodates recent changes in dairy farm operations. It also clarifies the responsibilities of dairy plant operators with respect to dairy farms. This rule applies to grade A and grade B dairy farms. Grade A dairy farm rules must be consistent with federal requirements under the interstate Pasteurized Milk Ordinance (PMO). This rule:
•Requires out-of-state dairy plant operators to test milk procured in this state from Wisconsin producers, and report test results. Most out-of-state dairy plant operators already do this voluntarily.
•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. An operator who merely “custom processes" dairy products for producers, without marketing or taking title to those dairy products, is exempt from certain requirements.
•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 a bacteria test on a producer's milk shows more than 750,000 bacteria per ml. (the current “immediate response" level is 1,000,000 per ml.).
•Requires dairy plant operators to report milk quality test reports in electronic form, beginning one year after the effective date of this rule. Many operators currently submit hard copy written reports. The electronic reporting requirement does not apply to drug residue test reports.
•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 any additional transportation, testing and disposal costs incurred because of the contamination.
•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.
Small Businesses Affected by this Rule
This rule affects milk producers or dairy farms, which are businesses that produce raw milk for processing into dairy products. This includes approximately 18,000 dairy farms in this state that are licensed and inspected by the department. Many of these businesses are “small businesses" as defined in s.
227.114 (1) (a), Stats.
Effects on Small Business
This rule will not, by itself, have a major impact on small business. This rule merely implements changes in the interstate Pasteurized Milk Ordinance and redrafts existing requirements for dairy farms so they will be easier to read and understand.
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:
