DATCP has broad authority, under s.
93.07(1), Stats., to adopt rules needed to implement laws under its jurisdiction. DATCP also has specific authority, under the provisions cited above, to establish dairy and food license and reinspection fees.
Rule Content
This rule increases current license and reinspection fees for dairy and food businesses, as shown below. DATCP plans to adopt and publish this rule before May 1, 2008, but fee increases will first apply to fees that are due on July 1, 2008.
Entity
|
Current Fee(s)
|
Proposed Fee(s)
|
Dairy Farm
|
$24 annual license fee (paid by dairy plant operator)
|
$32
|
|
$24 or $48 reinspection fee (paid by dairy plant operator if reinspection is required)
|
$32 or $64
|
Dairy Plant
|
Annual license fee
(calculations include an increase in the basic license fee from $96 to $129)
$699 or $879 for grade A processing plant (based on size)
|
$937 or $1,178
|
|
$397 for grade A receiving station
|
$532
|
|
$96 for grade A transfer station
|
$129
|
Entity
|
Current Fee(s)
|
Proposed Fee(s)
|
|
$96 to $421 for grade B processing plant (based on size)
|
$129 or $565
|
|
$96 for grade B receiving station or transfer station
|
$129
|
|
Grade A milk procurement fee:
0.96 cent per 100 lbs.
|
1.081 cent per 100 lbs. (for payments due beginning July 1, 2008)
|
|
Grade B milk procurement fee:
0.2 cent per 100 lbs.
|
No change
|
|
Reinspection fee:
$203 or $246 for grade A processing plant
|
$336 or $394
|
|
$221 for grade B processing plant
|
$360
|
|
$122 for grade A receiving station
|
$229
|
|
$48 for grade B receiving station or transfer station
|
$64
|
|
Butter and cheese grading fee:
1.09 cents per 100 lbs. of product
|
1.5 cents per 100 lbs. of product
|
Food Processing Plant
|
$78-$685 annual license fee (based on size and type)
|
$105 - $918
|
|
$261 canning surcharge for canning plants with annual production of 25,000 or more
|
$350
|
|
$49-$431 reinspection fee (based on size and type)
|
$66 - $578
|
Food
Warehouse
|
$65-$261 annual license fee
(based on size and type)
|
$87-$350
|
|
$92-$246 reinspection fee
(based on size and type)
|
$123 - $330
|
Milk
Distributor
|
$60 annual license fee per facility
|
$80
|
|
$25 reinspection fee per facility
|
$34
|
Entity
|
Current Fee(s)
|
Proposed Fee(s)
|
Retail Food Store
|
$37-$562 annual license fee (based on size and type)
|
$50-$753
|
|
$74-$369 reinspection fee (based on size and type)
|
$99 - $494
|
Dairy, Food or Water Testing Lab
|
$336 annual lab certification fee for each dairy or food test (other than milk drug residue screening)
|
$450
|
|
$276 annual lab certification fee for each water test
|
$370
|
|
$25 annual certification fee for each dairy or food analyst (other than milk drug residue screening analyst)
|
$34
|
|
$50-$500 initial fee and $25-$50 annual renewal fee for lab performing milk drug residue screening
|
$67-$670 initial fee
$34-$67 annual renewal fee
|
|
$25 initial evaluation fee for milk drug residue screening analysts
(if more than 3 per lab)
|
$34
|
Bulk Milk Tanker
|
$36 annual bulk milk tanker license fee
|
$48
|
|
$36 bulk milk tanker reinspection fee
|
$48
|
|
$48 bulk milk weigher & sampler license fee (2-year license)
|
$64
|
|
$48 bulk milk weigher and sampler reinspection fee
|
$64
|
Buttermaker or Cheesemaker
|
$60 license fee (2-year license)
|
$80
|
Butter or Cheese Grader
|
$60 license fee (2-year license)
|
$80
|
This rule does not affect any of the following:
• Fees that DATCP charges for certain services, such as review of food processing equipment plans, or the testing, timing and sealing of pasteurizers. DATCP is authorized to charge fees for such services in order to cover its cost of providing the services. DATCP may adjust these service fees by written notice, in order to keep fees consistent with service costs.
• License fees for milk and cream testers. DATCP is not authorized to adjust these fees by rule. Milk and cream testers currently pay a license fee of $50 (for a 2-year license) and a reinspection fee of $25.
• License fees for meat establishments. Meat inspection programs are funded by a combination of federal dollars and matching state GPR dollars. Under federal law, states must match federal dollars with state GPR dollars, not license fees.
Fiscal Estimate
State Fiscal Effect
This rule will increase food safety program revenues by approximately $994,000 per year, beginning in FY 2008. The increase is needed to offset a projected deficit in DATCP's food safety program revenue account beginning in FY 2007. A complete fiscal estimate is attached.
Wisconsin's food safety program is funded by a combination of general tax dollars (GPR) and program revenue from license fees (PR). In 1991, license fees funded about 40% of program costs. The 1995-97 biennial budget act reduced the GPR funding share, so that PR funded about 50% of program costs. Subsequent state budgets further reduced the GPR funding share, so that PR now funds about 60% of the food safety budget.
Recent state budgets have lapsed a substantial amount of food safety license fee revenue to the state general fund (to help remedy state budget deficits). At the same time, DATCP has experienced a modest increase in operating costs. DATCP proposed a license fee increase in 2005, but was forced to withdraw a large share of that fee increase proposal. As a result, DATCP projects a substantial food safety budget deficit beginning in FY 2007.
DATCP is working to deliver effective food safety protection as efficiently as possible. For example:
DATCP has reduced its food and dairy staff by approximately 17% since 1990 (from 118 to 98 staff). Staffing trends fairly reflect changes in the food and dairy industry, including a reduction in dairy farm numbers and increased delegation of retail food regulation to cooperating local governments. While food safety staffing needs have declined in some traditional areas, they are growing in other areas.
DATCP works with local governments to license and inspect retail food establishments. Thirty-four local entities license and inspect on behalf of DATCP, compared to 15 in 1997 (local participation is voluntary). Local entities now license and inspect 4,600 retail food establishments. DATCP licenses and inspects the remaining 4,200 establishments.
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 Hearing
Elections Board
NOTICE IS HEREBY GIVEN that pursuant to ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., and interpreting ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats., the State Elections Board will hold a public hearing at the offices of the State Elections Board, located at 17 W. Main Street, in the City of Madison, Wisconsin, on the
11th of June, 2007, at 9:30 a.m., to consider adoption of emergency rule s. ElBd 3.50, relating to charges for voter registration data.
Analysis Prepared by the State Elections Board
Statute(s) interpreted: ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats.
Related statute(s) or rule(s): s.
19.35, Stats.
Explanation of agency authority: This amended rule interprets ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats. The rule requires that persons who request copies of information or data from the Statewide Voter registration System must pay, for each such copy, a charge calculated under the provisions of the rule according to the schedule established by the rule.
At the present time, the Elections Board is limited, in the fee that it can charge for information provided by the Statewide Voter registration System, to the fee set by s.
19.35 (3), Stats.: “the actual, necessary and direct cost of reproduction and transcription of the record." In order to recover both the cost of reproduction and the cost of maintaining the list at the state and local level, rather than having its charge be limited to the amount currently provided under the public records law, the Board needs an immediate rule reflecting both cost components required by the new statute.
The Elections Board finds that under Section 180 of the non-statutory provisions of
2005 Wisconsin Act 451, in subsection (4), the Elections Board may promulgate emergency rules under s.
227.24, Stats., implementing s.
6.36 (6), Stats., as created by Wisconsin Act 451. Notwithstanding s.
227.24 (1) (c) and
(2), Stats., emergency rules promulgated under sub. (4) remain in effect until the date on which permanent rules take effect. Notwithstanding s.
227.24 (1) (a) and
(3), Stats., the elections board is not required to provide evidence that promulgating a rule under sub. (4) as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under sub. (4).
Plain language analysis: The rule provides the methods by which the Elections Board staff will calculate the pricing to fulfill requests for voter registration data that are contained within the Statewide Voter Registration System.
Summary of, and comparison with, existing or proposed federal regulations: The federal government does not have a voter registration system and does not provide voter registration data for which it could exact a charge.
Comparison with rules in adjacent states: Illinois, Iowa, Michigan and Minnesota all have voter registration data systems which collect a charge for data comparable to Wisconsin's.
Summary of factual data and analytical methodologies: The legislature has directed the board to calculate a cost of data and record reproduction and a cost of list maintenance and build those costs into its charges for copies of voter registration data and records. Those are the only data or methodology that affects the rule.
Effect on small business: The rule will have no effect on small business or economic impact.
Contact Person
George A. Dunst
Legal Counsel, State Elections Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136
Submission of Comments and Deadline for Submission
Comments should be submitted to:
State Elections Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136 (elections.state.wi.us)
Deadline for submission: June 4, 2007.
Text of Rule
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss.
5.05 (1) (f) and
227.11 (2) (a), Stats., the Elections Board hereby creates s. ElBd 3.50, interprets ss.
5.02 (14) and
(17),
6.27,
6.275,
6.29,
6.33,
6.34,
6.35,
6.36,
6.40,
6.45,
6.46,
6.48,
6.50,
6.54,
6.55,
6.56, and
6.57, Stats.:
SECTION 1. ElBd 3.50 is created to read:
ElBd 3.50 Charges for voter registration data.
(1) Definitions. As used in this rule:
(a) “Custom report" means a report that is not programmed to run in the Statewide Voter Registration System at the time a request for the report is made.
(b) “Election official" has the same meaning as provided in s.
5.02 (4e), Stats.
(c) “Official registration list" has the same meaning as provided in s.
6.36, Stats.
(d) “Protected information" means any information that is protected from general public disclosure by ss.6.36(1)(b)1.a., and 6.47, Stats.
(e) “Report" means a defined list of related voter registration data records generated from the Statewide Voter Registration System.
(g) “Voter registration data" means data contained in the official registration list.
(h) “Voter registration data record" means a set of related information requested from the official registration list which consists of a core data element and related attributes. A core data element is the basic unit of data that is being requested, including, but not limited to, a voter name, candidate, election official, or address. The related attributes consist of pieces of data associated with that core data element.
(2) The official registration list shall be open to public inspection consistent with the requirements of ss.
6.36,
6.45 through
6.47, and ss.
19.31 through
19.36, Stats.
(3) Any person may obtain, from the official registration list, voter registration data that is not protected information, upon payment of the applicable charges.
(4) The charge for reports in electronic format is a $25 base fee per report plus $5 for the first 1,000 voter registration data records in the report, plus $5 for each additional 1,000 voter registration data records, rounded to the nearest thousand. The maximum charge for an electronic report is $12,500.
(5) The charge for a paper copy of a report is $.25 per page, plus the cost of postage and shipping.
(6) Any request for a report or custom report submitted to the State Elections Board shall either be made in writing by the requester or shall be reduced to writing by the board's staff. Any request by the board for payment in advance for the report requested shall include a copy of the report request in writing as submitted by the requester or as memorialized by the board's staff.
(7) Any person may request a copy of the poll list used at an election from the municipal or county clerk who has custody of the list. The cost of a copy of a poll list provided by a municipal or county clerk shall be a fee determined by that clerk not to exceed the cost of reproduction.
(8) The state elections board, its staff, and each municipal or county election official shall take steps to ensure that any protected information contained in the Statewide Voter Registration System, or on a poll list, is not made available for public inspection.
