DATCP is working to reform national dairy regulations, which impose rigid Grade A inspection frequency requirements. DATCP is pursuing a more flexible, risk-based inspection system that could reduce inspection costs. In the meantime, Wisconsin must comply with current inspection mandates in order to ship milk and fluid milk products in interstate commerce.
• DATCP and the Wisconsin Department of Health and Family Services (DHFS) have eliminated duplicate licensing and inspection of grocery stores, restaurants, and combination grocery-restaurants. DATCP and DHFS have adopted uniform rules for grocery stores and restaurants, based on the federal Model Food Code.
Local Fiscal Effect
DATCP currently provides administrative support to local governments that license and inspect retail food establishments as agents of DATCP. Local governments establish their own license fees, and reimburse DATCP for administrative services costs. The reimbursement amount equals 10% of the license fees that DATCP would charge local license holders, if DATCP licensed them directly. An increase in DATCP license fees therefore increases local reimbursement payments (current payments do not fully compensate DATCP for its costs).
In FY 2006, local governments made a total of $58,000 in reimbursement payments. If DATCP adopts the fee increases proposed in this rule, the reimbursement rate will remain at 10%, but the total reimbursement amount will increase to approximately $76,500. This rule thus increases local costs by approximately $18,500 (statewide total). Local governments can (and likely will) pass this increased cost on to retail food businesses. Local governments can set license fees to recover up to 100% of their reasonable operating costs.
Business Impact
This rule affects all milk producers, dairy plants, food processing plants, food warehouses, milk distributors, retail food stores, dairy and food testing laboratories, milk haulers, buttermakers, cheesemakers, and butter and cheese graders licensed by the department. Many of these businesses are “small businesses" as defined in s.
227.114 (1) (a), Stats.
This rule increases annual license fees, reinspection fees and milk procurement fees, beginning with fees that are due in July, 2008. This will increase overall dairy and food industry costs by a combined total of approximately $994,000 per year. Costs for individual businesses will depend on business size and type. Because of competitive market conditions, it may be difficult for affected businesses to increase prices to recover these costs.
The proposed fee increases will have a significant but not dramatic impact on affected businesses. In the multi-billion dollar dairy and food industries, license fees comprise a relatively small overall share of industry costs. DATCP has worked to maintain a fair and equitable license fee schedule.
Fees are based on actual food safety costs related to each license sector. Fees are also based on business size, food product type, and type of food handling operations. Smaller businesses generally pay lower fees than large businesses, and lower-risk businesses generally pay lower fees than higher-risk businesses.
This rule increases food safety license fees, but does not change other license requirements. This rule requires no additional recordkeeping, and no added professional services to comply. A Business Impact Analysis is attached.
DATCP has not incorporated a small business enforcement policy in this rule, but has adopted a separate rule on that subject (see subch.
VII of ch. ATCP 1). DATCP will seek voluntary compliance. However, food and dairy businesses must pay required license fees in order to obtain a license from DATCP.
Federal Regulation
There are no existing or proposed federal regulations related to license fees for food and dairy businesses operating in Wisconsin. However, national regulations such as the Interstate Pasteurized Milk Ordinance (“PMO") have a significant impact on state program costs. The PMO includes rigid inspection frequency requirements for grade A dairy farms and other grade A dairy operations. Wisconsin must comply with the PMO in order to ship milk and fluid milk products in interstate commerce.
Surrounding State Programs
All of the surrounding states charge license fees to food and dairy businesses. License structure and fees vary between states. Differences in license fees are partly related to differences in general tax dollar support for food and dairy programs in different states.
Minnesota
Minnesota has a license and fee structure that is similar to, but not identical to, Wisconsin's structure:
Dairy Fees – Minnesota
|
Grade A pasteurizing plant
|
$500
|
Grade A farm
|
$50
|
Grade A farm reinspection fee
|
$45
|
Manufacturing plant
|
$140 per pasteurizer unit
|
Manufactured farm
|
$25
|
Manufactured farm reinspection fee
|
$45
|
Processor assessment
|
$.07 per cwt for fluid milk products sold for retail sale in Minnesota
|
Farm bulk milk pick-up tanker
|
$25
|
Milk procurement fee
|
$.0071 per cwt of raw milk purchased
|
Food Fees – Minnesota
|
Retail food handler
|
$50-$2,001 based on sales volume
|
Wholesale food handler
|
$57-$1,502 based on sales volume
|
Food broker
|
$150
|
Wholesale food processor or manufacturer
|
$169-$2,571 based on sales volume
|
Michigan
Michigan has a license and fee structure that is similar to, but not identical to, Wisconsin's structure:
Dairy fees – Michigan
|
Milk plant
|
$175
|
Farms sending milk to plant
|
$5-$10
|
Receiving or transfer station
|
$50
|
Milk tank truck cleaning facility
|
$50
|
Milk transportation company
|
$20
|
Milk tank truck
|
$10
|
Grade A milk distributor
|
$50
|
Single service container and closure plant
|
$50
|
Bulk milk hauler/sampler
|
$40 for 2 years
|
Food Fees – Michigan
|
Retail food establishment
|
$70
|
Limited wholesale food processor
|
$70
|
Food warehouse
|
$70
|
Extended retail food establishment
|
$175
|
Wholesale food processor
|
$175
|
Mobile food establishment
|
$175
|
Temporary food establishment
|
$28
|
Bottled water manufacturer
|
$25 for each product registered and $25 for each water dispensing machine
|
Iowa
Iowa has a license and fee structure that is similar to, but not identical to, Wisconsin's structure:
Dairy Fees – Iowa
|
Milk plant
|
$2,000 for 2 years
|
Transfer station
|
$400 for 2 years
|
Receiving station
|
$400 for 2 years
|
Milk hauler
|
$20 for 2 years
|
Milk grader
|
$20 for 2 years
|
Bulk milk tanker permit
|
$50 for 2 years
|
Reinspection fee
|
$40
|
Resealing pasteurizer fee
|
$100 per reseal
|
Purchaser of milk fee - Grade A
|
$.015 per cwt of raw milk purchased
|
Purchaser of milk fee - Grade B
|
$.005 per cwt of raw milk purchased
|
Food Fees – Iowa
|
Mobile food unit or pushcart
|
$20
|
Temporary food establishment
|
$25
|
Food establishment
|
$30-$225 based on sales volume*
|
Food service establishment
|
$50-$225 based on sales volume*
|
Food processing plant
|
$50-$250 based on sales volume
|
Egg handler
|
$15-$250 based on cases sold
|
*If one establishment must hold both a food establishment and a food service establishment license, each license fee is 75% of the established fee.
Illinois
Illinois has a license and fee structure that is substantially different from the Wisconsin structure:
Dairy Fees – Illinois
|
Milk plant permit
|
$100
|
Receiving or transfer station
|
$50
|
Cleaning and sanitizing facility
|
$50
|
Milk hauler-sampler
|
$25
|
Milk tank truck
|
$25
|
Certified pasteurizer sealer
|
$100
|
Illinois does not license or charge fees to non-dairy food establishments, except that Illinois charges the following fees to the following establishments:
Food Fees
|
Salvage Operator
|
$100 plus inspection fee based on size
|
Bottled water manufacturer or distributor
|
$150
|
Egg handlers, distributors and breakers
|
$15-$200 plus inspection fee per case of eggs sold
|
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
29.014 and
227.11, Stats., interpreting s.
29.014, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 10,
12 and
16, Wis. Adm. Code, relating to hunting, nuisance wild animal removal and captive wildlife. Annually the department updates administrative code language to correct inconsistencies, update outdated language and provide clarification where appropriate. This year, the department is proposing the following changes related to hunting, nuisance wild animal removal and captive wild animals:
Clarify that a disabled person is a person who holds a Class A, B or C disabled permit.
Establish that the rabbit hunting season closes on the last day in February rather than February 28
Correct a cross reference in the firearm deer hunting season
Update the fisher zone map which is based on the recently updated Deer Management Zone Map
Relax bear carcass registration so that bear may be registered at stations that are adjacent to highways that form the boundary of the bear management zone in which it was killed
Correct drafting errors in the rule that establishes small game hunting in state parks
Clarify that landowners who are removing certain nuisance wild animals are not subject to hunting or trapping seasons
Update cross references and terminology so that Department of Agriculture, Trade and Consumer Protection's animal diseases and movement rules and DNR's captive wildlife rules are consistent.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, May 15, 2007 at 1:00 p.m.
Room 608, GEF #2 Office Building
101 S. Webster Street, Madison, WI
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no fiscal impact.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 17, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Loomans.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
23.09 (2) (intro.),
23.091,
23.11 (1),
23.22 (2) (a) and
(b) 6.,
27.01 (2) (j),
29.041,
227.11 (2) (a) and
227.24 (1) (a), Stats., interpreting ss.
23.09 (2) (intro.),
23.22 (2) (a),
29.014 (1),
29.041 and
227.11 (2) (a), Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. FH-22-07(E) which revises chs.
NR 19 and
20, Wis. Adm. Code, pertaining to control of fish diseases and invasive species. This emergency order took effect on April 7, 2007. Viral hemorrhagic septicemia (VHS) virus is present in the Great Lakes, but not yet in inland waters of Wisconsin. This rule will aid the Department in controlling the spread of VHS virus in the following ways:
1. It prohibits the possession on the water and use of live fish, fish eggs, crayfish or frogs from outside Wisconsin, except minnows imported in compliance with U.S. Department of Agriculture, Animal and Plant Health Inspection Service (USDA APHIS) and Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) import and health requirements.
2. It prohibits the possession on the water and use of dead bait, except used on Lake Michigan or on the water the bait originated from, or when preserved in a way that would kill VHS virus.
3. It prohibits the transportation of live fish or fish eggs from waters of the Great Lakes or the Mississippi River drainage, except 1) fish being exported in compliance with USDA APHIS regulations and orders; b) fish or fish eggs tested and found to be free of VHS virus; and c) fish or fish eggs transported with the prior written approval of the Department.
4. It requires all boaters to drain water from bilges, ballast, buckets and live wells immediately after leaving waters of the Great Lakes or of the Mississippi River drainage, unless exempted in writing by the Department.
5. It allows the Department to deny permits for the use of non-standard minnow gear to prevent the spread of invasive species or diseases.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Thursday, May 3, 2007 at 5:00 p.m.
Lower Level Auditorium, La Crosse Public Library
800 Main Street
La Crosse
Thursday, May 10, 2007 at 5:00 p.m.
Council Chambers, Ashland City Hall
601 Main Street West
Ashland
Thursday, May 17, 2007 at 5:00 p.m.
Rooms 140 and 141, DNR Southeast Region Hdqrs.
2300 N. Dr. Martin Luther King Jr. Dr.
Milwaukee
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
The emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 28, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the emergency rule and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearing
Natural Resources
(Environmental Protection-General, Chs.
NR 100—)
NOTICE IS HEREBY GIVEN that pursuant to ch.
160 and ss.
281.12 (1),
281.15 and
281.19 (1), Stats., interpreting ch.
160 and ss.
281.12 (1),
281.15,
281.19 (1) and
299.11, Stats., the Department of Natural Resources will hold a public hearing on the amendment of s.
NR 140.10 Table 1, Wis. Adm. Code, relating groundwater quality standards for Alachlor-ESA. Alachlor-ESA (Alachlor ethane sulfonic acid) is a degradation product of the herbicide Alachlor that has been found extensively in Wisconsin groundwater. In accordance with ch.
160, Stats., the Department is required to propose rules establishing the recommendations from the Department of Health and Family Services as groundwater quality standards in ch.
NR 140. The Department of Health and Family Services has recommended an enforcement standard of 20 mg/L for Alachlor-ESA. A concentration of 20 mg/L has been used as in interim health advisory level for Alachlor-ESA in Wisconsin since 1993.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Friday, May 11, 2007 at 11:00 a.m.
Room 511, GEF #2 Office Building
101 S. Webster Street
Madison, WI
