The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") has broad general authority, under s.
93.07 (1), Stats., to interpret laws under its jurisdiction. Section
100.54 (12), Stats., specifically requires DATCP to adopt rules related to identification required of consumers requesting credit report security freezes.
Background
Section
100.54, Stats., created by
2005 Wisconsin Act 140, regulates access to consumer credit reports. The law permits a consumer to create a “security freeze" on his or her consumer credit report. A security freeze limits the release and distribution of the consumer credit report. At any time after creating a security freeze, the consumer may ask the credit reporting agency to release the consumer's credit report for a specified period of time, or to terminate the security freeze altogether.
A consumer who asks a credit reporting agency to create or release a security freeze must provide information to verify the consumer's identity. Under s.
100.54 (12), Stats., DATCP must adopt rules to define what constitutes proper identification.
Emergency Rule
The department is adopting this emergency rule pursuant to s.
100.54 (12), Stats. Section
100.54, Stats., becomes effective on January 1, 2006. At that time, the credit reporting agencies must honor a consumer's request for a security freeze. Since a permanent rule will not be in place at the time the law takes effect, credit reporting agencies will not know what information they may use to identify consumers who request the security freeze unless this emergency rule is adopted. Adopting this emergency rule will enable credit reporting agencies to comply with the statute by defining the types of information they may use to identify consumers who request the security freeze.
This emergency rule does all of the following:
• Spells out the information that a credit reporting agency may require of a consumer who asks the agency to create a security freeze, in order to verify the consumer's identity.
• Spells out the information that a credit reporting agency may require of a consumer who asks the agency to release or terminate a security freeze, in order to verify the consumer's identity. The agency may require the same information that it required to create the security freeze and may, in addition, require a password assigned to the consumer when the security freeze was created.
Fiscal Impact
This emergency rule will have no significant fiscal impact on DATCP or local units of government.
Business Impact
This emergency rule only affects credit reporting agencies by regulating how the agency may identify consumers who request security freezes or changes to their security freeze status. The rule has no effect on a business that is not a credit reporting agency. Currently, there are only 3 credit reporting agencies operating in the United States. None of these are small businesses.
Federal Regulations
The federal Fair Credit Reporting Act of 2003 allows consumers who are victims of identity theft to freeze their credit reports. If a consumer is not a victim of identity theft, they have no option under federal law to place a freeze on their credit report. For victims of identity theft, federal rules under
16 CFR § 614.1 spell out the information that a credit reporting agency may use to verify the identity of consumers who ask the agency to create or release a security freeze. Federal standards are consistent with the standards in s.
100.54, Stats., and this rule.
Regulations in Surrounding States
Approximately 17 states have enacted laws that require consumer credit reporting agencies to freeze consumer credit reports upon request. Under all of those laws, credit reporting agencies may require requesting consumers to submit information to verify their identity. Most states allow credit reporting agencies to demand “information generally deemed sufficient to identify a person." If that information is insufficient, some states allow the consumer reporting agency to request “additional information concerning the consumer's employment and personal or family history in order to verify his or her identity."
Of the states surrounding Wisconsin, Illinois and Minnesota have enacted security freeze legislation. Security freeze legislation has been introduced, but not yet enacted, in Iowa and Michigan.
The Minnesota law took effect on August 1, 2006 and the Illinois law took effect on January 1, 2006. The Minnesota and Illinois laws, like most other state laws on the subject, allow credit reporting agencies to demand “information generally deemed sufficient to identify a person." If that information is insufficient, Illinois law allows the consumer reporting agency to request “additional information concerning the consumer's employment and personal or family history in order to verify his or her identity."
DATCP Contact
Questions and comments related to this rule may be directed to:
Michelle Reinen
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5160
Notice of Hearings
Agriculture, Trade and Consumer Protection
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on proposed amendments to chapters ATCP 60, 69, 77, 80 and 82, Wis. Adm. Code, relating to safe production, processing, distribution and sale of milk and dairy products.
DATCP will hold four public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Monday, March 19, 2007, for additional written comments. Comments may be sent to the Division of Food Safety at the address below, by email to
debbie.mazanec@datcp.state.wi.us, or online at:
https://apps4.dhfs.state.wi.us/admrules/public/Home.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4712 or emailing
debbie.mazanec@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:
https://apps4.dhfs.state.wi.us/admrules/public/Home.
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by February 12, 2007, by writing to Deb Mazanec, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4712. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearing Dates and Locations
Tuesday, February 20, 2007
10:00 a.m. to 1:00 p.m.
Appleton Public Library, Room C
225 N. Oneida Street
Appleton, WI 54911
Wednesday, February 21, 2007
10:00 a.m. to 1:00 p.m.
State of Wisconsin Office Building, Room 105
718 W. Clairemont Avenue
Eau Claire, WI 54701
Friday, February 23, 2007
10:00 a.m. to 1:00 p.m.
Green County Agriculture Building Auditorium
2841 6th Street
Monroe, WI 53566
Monday, February 26, 2007
1:00 p.m. to 4:00 p.m.
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive, Board Room (CR-106)
Madison, Wisconsin, 53718-6777
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule updates current rules related to safe production, processing, distribution and sale of milk and dairy products. This rule affects dairy farms, dairy plants, milk haulers, milk testing laboratories, buttermakers, cheesemakers and others. Among other things, this rule:
Brings Wisconsin rules into conformity with the Interstate Pasteurized Milk Ordinance (“PMO"). Milk and fluid milk products must be produced in compliance with the PMO, in order for Wisconsin to be able to ship those products in interstate commerce.
Updates current rules to accommodate new dairy industry technology and practices.
Clarifies current statutory prohibitions against the sale of raw milk to consumers, consistent with administrative law judge decisions.
Clarifies some rule provisions, so they will be easier to read and understand.
Statutory Authority
Statutes interpreted: ss.
93.09,
93.12,
97.02,
97.03,
97.09,
97.12,
97.17,
97.175,
97.20,
97.21,
97.22,
97.24,
97.50,
97.52,
98.145 and
98.146.
The Department of Agriculture, Trade and Consumer Protection (“DATCP") is responsible for administering Wisconsin food safety and labeling laws, including laws related to the safety of milk and dairy products. DATCP licenses and regulates dairy farms, dairy plants, milk haulers, milk testing laboratories and analysts, bulk milk weighers and samplers, and others. DATCP has broad authority to regulate these entities, to ensure safe and wholesome dairy products and fair business practices.
Milk and fluid milk products must be produced and distributed in compliance with “Grade A" standards under the Interstate Pasteurized Milk Ordinance (“PMO"). If Wisconsin fails to comply with the PMO, Wisconsin may be precluded from shipping milk and fluid milk products in interstate commerce. Under s.
97.24, Stats., DATCP must adopt “Grade A" rules that are in substantial accord with the PMO.
DATCP has broad authority, under s.
93.07(1), Stats., to adopt rules needed to interpret and implement laws under its jurisdiction. In addition, DATCP has the following rulemaking authority:
Under s.
93.07 (2), Stats., to prescribe forms used in connection with DATCP programs.
Under s.
93.09 (1), Stats., to adopt grading, packaging and labeling standards for food.
Under ss.
93.12 (3) and
(5), Stats., to adopt rules for laboratories testing milk and dairy products.
Under s.
97.09 (1), Stats., to adopt food standards of identity, composition and quality.
Under s.
97.09 (4), Stats., to regulate the production, processing, packaging, labeling, transportation, storage, handling, display, sale, and distribution of food to protect the public from adulterated or misbranded foods.
Under s.
97.24 (3), to adopt rules for the production, processing, pasteurization, distribution and testing of milk and dairy products. Rules for milk and fluid milk products must be in substantial accord with “Grade A" standards under the PMO.
Under s.
97.52, Stats., to establish sanitary standards for the production, handling and transportation, inspection and testing of milk and dairy products.
Background
The United States Food and Drug Administration (“FDA") recently completed an audit of Wisconsin's dairy regulatory program. FDA requested a number of changes in current DATCP rules, to make the rules more fully consistent with the current (2005) version of the PMO. This rule makes changes requested by FDA. This rule also makes other changes to update and clarify current rules, and to accommodate changing dairy industry technology, organization and practices. The changes in this rule are, for the most part, technical in nature. However, some rule changes may require significant changes by some dairy businesses (see Business Impact Analysis below).
DATCP and others have proposed major reforms to modernize and streamline the PMO. However, those reforms will require action at the national level and by other states. In the meantime, Wisconsin must comply with existing PMO requirements.
Rule Content
Dairy Farms
This rule updates and modifies current rules related to dairy farms. Among other things, this rule does all of the following:
• Incorporates PMO requirements related to gravity flow manure handling systems and liquid manure storage.
• Clarifies milk hauler responsibilities relating to mixing, sampling, and testing milk shipments.
• Spells out standards and procedures related to Wisconsin's performance-based dairy farm inspection system.
• Updates drug residue action levels and safe levels, consistent with the PMO.
