Rule-Making Notices
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 a proposed rule that clarifies current DATCP rules related to rendering plants, animal food processors, grease processors, dead animal collectors and carcass dealers, without making substantial changes. The rule also incorporates current federal regulations that prohibit the feeding of protein from mammalian tissues to cattle or other ruminants.
With respect to meat and poultry for human food, the proposed rule incorporates recent federal regulation changes into state meat inspection rules, including prohibiting the slaughter of “downer" animals for human consumption (already being enforced), requiring producers of “ready-to-eat" meat products to have written procedures for minimizing food safety risks related to Listeria monocytogenes (already being implemented), and restricting the amount of water from post-evisceration processing that may be retained in raw meat and poultry. The proposed rule also clarifies current rules related to meat brokers and meat distributors.
Submission of Written Comments
DATCP will hold two 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 10, 2008, for additional written comments. Comments may be sent to the Division of Food Safety, Bureau of Meat Safety and Inspection at the address below, by email to
Jim.Larson@wisconsin.gov or online at:
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, or by emailing to
Keeley.Moll@wisconsin.gov, or by calling (608) 224-5039.
Hearing Information
Wednesday, February 20, 2008
3:00 p.m. to 5:00 p.m.
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive, Board Room (CR-106)
Madison, Wisconsin, 53708
Friday, February 22, 2008
3:00 p.m. to 5:00 p.m.
Marathon County Public Library
300 North First Street
Wausau, WI 54403
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by Wednesday, February 13, 2008, by writing to Carol Cockroft, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4663. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Copy of Rule
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) 224-4726 or emailing
Carol.Winner@wisconsin.gov. 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.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Overview
The Department of Agriculture, Trade and Consumer Protection (“DATCP") administers Wisconsin food safety laws. Among other things, DATCP licenses and inspects meat establishments that produce meat for human consumption. DATCP also regulates rendering plants, animal food processors and other entities that process and handle inedible animal carcasses. This rule does all of the following:
• Repeals and recreates current DATCP rules related to rendering plants, animal food processors, grease processors, dead animal collectors and carcass dealers. These entities process and handle inedible animal carcasses and carcass materials, and produce products for non-food use. Regulation keeps inedible materials out of the human food chain and helps ensure safe animal feed. For the most part, this rule clarifies current rules without making major substantive changes.
• Incorporates current federal regulations that prohibit the feeding of protein from mammalian tissues to cattle or other ruminants. The prohibition is designed to prevent the incidence of BSE (“mad cow disease"). DATCP is already enforcing this federal prohibition.
• Amends current state meat inspection rules to incorporate recent changes in federal regulations (state rules must be at least “equal to" federal regulations). Consistent with federal regulations, this rule does all of the following:
• Prohibits, without exception, the slaughter of “downer" animals for human consumption (DATCP is already enforcing this federal prohibition).
• Requires producers of “ready-to-eat" meat products to have written procedures for minimizing food safety risks related to Listeria monocytogenes (DATCP has already implemented this federal requirement).
• Restricts the amount of water from post-evisceration processing that may be retained in raw meat and poultry.
• Clarifies current rules related to meat brokers and meat distributors.
Statutes interpreted
Statutory authority
Explanation of agency authority
DATCP has broad authority to regulate the production and sale of food and animal feed, and broad authority to regulate activities that may threaten animal health or spread disease. DATCP licenses and regulates rendering plants, animal food processors, grease processors, dead animal collectors and related businesses under s.
95.72, Stats. DATCP licenses and regulates commercial feed manufacturers under s.
94.72, Stats. DATCP licenses and regulates meat establishments under s.
97.42, Stats. DATCP may adopt rules to implement statutes under its jurisdiction.
Inedible Animal By-Products
Wisconsin has a large rendering and animal food processing industry. This industry collects and processes inedible animal carcasses, inedible carcass materials and inedible meat by-products from Wisconsin's large livestock and meat processing industries, and produces useful non-food products such as grease, tallow, blood meal, bone meal and animal feed.
DATCP currently regulates rendering plants, animal food processors, grease processors and dead animal collectors under s.
95.72, Stats., and ch.
ATCP 57, Wis. Adm. Code. Regulation protects human and animal health, and is closely related to the regulation of food and animal feed.
With the advent of BSE (“mad cow disease"), there has been increased focus on the rendering and animal food processing industries. DATCP currently enforces federal BSE regulations under contract with the United States Food and Drug Administration (FDA). FDA is considering possible regulatory changes, but has not adopted any changes to date (this rule incorporates current federal prohibitions and labeling requirements).
In cooperation with the United States Department of Agriculture (USDA), Wisconsin has tested over 100,000 cattle for BSE without any positive disease findings. Wisconsin has tested far more cattle than any other state. Indeed, Wisconsin has tested about 20% of all the cattle tested to date in the entire nation.
Renderers
General
This rule clarifies current licensing and regulation of rendering operations under s.
95.72, Stats. Under this rule, “rendering" means melting or reconstituting carcasses or carcass materials, with the use of heat, to produce rendered products for non-food use. “Rendering" does not include licensed meat processing, licensed food processing, licensed grease processing, hide processing, or the manufacture of glue, pharmaceuticals or gelatin.
Renderer License
Under this rule, no person may do any of the following without an annual renderer license from DATCP:
• Operate a rendering plant in this state (a renderer may operate 2 or more rendering plants under a single license).
• Collect, receive or transport, in this state, carcasses or carcass materials for rendering by that person in this state or another state.
• Slaughter animals in this state for rendering by that person in this state or another state.
An annual license expires on February 28 of each year and is not transferable. A license does not authorize the license holder to produce, sell or distribute food for human consumption. An applicant must submit an annual license application that identifies rendering plant locations and includes other information required under this rule. The application must include an annual fee of $200 for each rendering plant (this rule does not change the current fee).
Before DATCP issues a license covering a new rendering plant, DATCP must inspect the rendering plant (DATCP may also inspect new transfer stations used to transfer carcasses from one vehicle to another). There is an inspection fee of $25 for each new rendering plant (this rule does not increase the current fee). There is no inspection fee for new transfer stations.
If a pre-license inspection is required, DATCP must complete the inspection within 30 days after DATCP receives a complete license application (unless the applicant agrees to a later inspection date). DATCP must grant or deny a license application within 30 days after DATCP receives the license application or, if a pre-license inspection is required, within 30 days after DATCP completes the inspection.
Rendering Plants; Location, Facilities and Operations
Current statutes prohibit the construction of a rendering plant within 1/8 mile of an existing residence or place of business (this rule incorporates that statutory prohibition). Rendering plant facilities must comply with basic sanitation standards, including basic ventilation standards, specified in this rule. Facilities must be designed for easy cleaning. Fully rendered products must be stored in a location and manner that protects them from contamination by live animals, un-rendered carcasses and un-rendered carcass materials.
A rendering plant must be kept free of nuisance conditions that pose a significant health or environmental risk, or cause obnoxious odors (other than normal odors incidental to generally accepted processing practices). Nuisance conditions include things like accumulated carcasses or manure, drainage from carcasses, accumulated litter, unclean facilities or rodent infestations.
A renderer must collect and safely dispose of all solid and liquid waste from rendering operations. A renderer must collect manure, offal, processing waste and other solid waste at least daily, and more often as necessary, to keep facilities clean and orderly. Liquid waste must be discharged to a public sewer system, or to an effluent disposal system that complies with department of natural resources (DNR) rules. A renderer must comply with applicable waste disposal laws, keep waste storage areas clean and orderly, and keep waste collection and disposal systems in good working order.
A renderer must transport and handle carcasses and carcass materials according to this rule (see below). If a renderer slaughters animals for rendering, the renderer must use humane methods, and must slaughter the animals in an area that is designed and equipped for safe and humane slaughtering. Live animals may not be unloaded, kept or slaughtered in processing or storage areas.
Renderer Records
Under this rule, a renderer must keep records of rendering operations. Records must include all of the following:
• The name and address of each person from whom the renderer receives carcasses or carcass materials, the date and location of each receipt, the types of carcasses or carcass materials received, the number or weight of carcasses received, the weight or liquid volume of carcass materials received, and the disposition of any carcasses or carcass materials received but not rendered.
• The name and address of each person from whom the renderer receives live animals, the date and location of each receipt, the numbers and types of live animals received, and the disposition of each animal. If the renderer slaughters an animal, the renderer must record the date and location of slaughter, and the disposition of the carcass.
• The types of rendered product, and the daily amounts of each type of rendered product, produced at each rendering plant.
• The name and address of each person to whom the renderer sells or distributes rendered product, the dates on which the renderer ships rendered product to each person, and the type and amount of rendered product included in each shipment.
• Lot coding or other records that effectively track the receipt, processing and distribution of ingredients and rendered products, so that it is possible to identify ingredient sources for each lot of rendered product (and vice versa).
A renderer must retain required records for at least 3 years, and must make the records available for inspection and copying by DATCP upon request.
Animal Food Processors
General.
This rule clarifies current licensing and regulation of animal food processors under s.
95.72, Stats. Under this rule, “animal food processing" means slaughtering animals or processing carcasses or carcass materials for use as animal feed. “Animal food processing" does not include any of the following:
• The collection or transportation of whole animal carcasses by a dead animal collector licensed under this rule (see below), provided that the dead animal collector does not process the carcasses or remove hide or feathers.
• A fur farm operator's processing of carcasses or carcass materials solely for feeding to fur bearing animals produced on that fur farm (fur farmers must register with DATCP under s.
97.44(2), Stats.).
• Licensed rendering operations (see above).
• Licensed grease processing operations (see below).
• Licensed meat processing operations (see ch.
ATCP 55).
• Licensed food processing operations (see chs.
ATCP 70 and
75, and s.
254.64, Stats.).
• Licensed commercial feed manufacturer operations that extend beyond “minimal processing" of animal carcasses (see ch.
ATCP 42 and s.
94.72(5), Stats.).
• The processing of hides, or the manufacture of glue, pharmaceuticals or gelatin.
This rule clarifies that a licensed animal food processor is not required to hold a commercial feed manufacturer license (ATCP 42) if the animal food processor does only “minimal processing" of carcasses or carcass materials fed to animals. “Minimal processing" includes removal of hides or feathers, cutting, grinding, denaturing, freezing and packaging. “Minimal processing" does not include heat treating, rendering, or mixing with other ingredients such as vitamins or minerals.
Animal Food Processor License
Under this rule, no person may do any of the following without an animal food processor license from DATCP:
• Operate an animal food processing plant in this state.
• Collect, receive or transport, in this state, carcasses or carcass materials for animal food processing by that person in this state or another state.
• Slaughter animals in this state for animal food processing by that person in this state or another state.
An annual license expires on February 28 of each year and is not transferable. A license does not authorize the license holder to produce, sell or distribute food for human consumption. An applicant must submit an annual license application that identifies animal food processing plant locations and includes other information required under this rule. The application must include an annual fee of $200 for each animal food processing plant (this rule does not change the current fee).
Before DATCP licenses a new animal food processing plant, DATCP must inspect the plant (DATCP may also inspect new transfer stations where carcasses are transferred from one transport vehicle to another). There is an inspection fee of $25 for each new animal food processing plant (this rule does not change the current fee). There is no inspection fee for new transfer stations.
If a pre-license inspection is required, DATCP must complete the inspection within 30 days after DATCP receives a complete license application (unless the applicant agrees to a later inspection date). DATCP must grant or deny a license application within 30 days after DATCP receives the license application or, if a pre-license inspection is required, within 30 days after DATCP completes the inspection.
Animal Food Processing Plants; Location, Facilities and Operations
Current statutes prohibit the construction of an animal food processing plant within 1/8 mile of an existing residence or place of business (this rule incorporates that statutory prohibition). Animal food processing plant facilities must comply with basic sanitation standards, including basic ventilation standards, specified in this rule.
Facilities must be designed for easy cleaning. Processed products must stored in a location and manner that protects them from contamination by live animals, unprocessed carcasses and unprocessed carcass materials.
An animal food processing plant must be kept free of nuisance conditions that pose a significant health or environmental risk, or cause obnoxious odors (other than normal odors incidental to generally accepted processing practices). Nuisance conditions include things like accumulated carcasses or manure, drainage from carcasses, accumulated litter, unclean facilities or rodent infestations.
An animal food processor must collect and safely dispose of all solid and liquid waste from processing operations. An animal food processor must collect manure, offal, processing waste and other solid waste at least daily, and more often as necessary, to keep facilities clean and orderly. Liquid waste must be discharged to a public sewer system, or to an effluent disposal system that complies with DNR rules. An animal food processor must comply with applicable waste disposal laws, keep waste storage areas clean and orderly, and keep waste collection and disposal systems in good working order.
An animal food processor must transport and handle carcasses and carcass materials according to this rule (see below). If an animal food processor slaughters animals for processing, the animal food processor must use humane methods, and must slaughter the animals in an area that is designed and equipped for safe and humane slaughtering. Live animals may not be unloaded, kept or slaughtered in processing or storage areas.
Animal Food Processor Records
Under this rule, an animal food processor must keep records of animal food processing operations. Records must include all of the following:
• The name and address of each person from whom the animal food processor receives carcasses or carcass materials, the date and location of each receipt, the types of carcasses or carcass materials received, the number or weight of carcasses received, the weight or liquid volume of carcass materials received, and the disposition of any carcasses or carcass materials received but not processed.
• The name and address of each person from whom the animal food processor receives live animals, the date and location of each receipt, the numbers and types of live animals received, and the disposition of each animal. If the animal food processor slaughters an animal, the animal food processor must record the date and location of slaughter, and the disposition of the carcass.
• The types of animal feed, and the daily amounts of each type of feed, produced at each animal food processing plant.
• The name and address of each person to whom the animal food processor sells or distributes animal feed, the dates on which the animal food processor ships the animal feed to each person, and the type and amount of animal feed included in each shipment.
• Lot coding or other records that effectively track the receipt, processing and distribution of ingredients and processed products, so that it is possible to identify ingredient sources for each lot of processed product (and vice versa).
An animal food processor must retain required records for at least 3 years, and must make the records available for inspection and copying by DATCP upon request.
Grease Processors
General
This rule clarifies current licensing and regulation of grease processors under s.
95.72, Stats. Under this rule, “grease processing" means combining, melting, refining, reconstituting or recycling fully rendered products to produce grease or other products for non-food use. “Grease processing" does not include any of the following:
• Licensed rendering operations (see above).
• Licensed animal food processing operations (see above).
• Licensed meat processing operations (see current ch.
ATCP 55).
• Licensed food processing operations (see current chs.
ATCP 70 and
75, and s.
254.64, Stats.).
Grease Processor License
Under this rule, no person may operate as a grease processor without an annual license from DATCP. An annual license expires on February 28 of each year and is not transferable. A license does not authorize the license holder to do any of the following:
• Produce, sell or distribute food for human consumption.
• Receive, collect, transport or slaughter live animals.
• Receive, collect, transport or process carcasses or carcass materials.
An applicant must submit an annual license application that identifies grease processing plant locations and includes other information required under this rule. The application must include an annual fee of $200 for each grease processing plant (this rule does not change the current fee).
Before DATCP licenses a new grease processing plant, DATCP must inspect the plant. There is an inspection fee of $25 for each new grease processing plant (this rule does not change the current fee). If a pre-license inspection is required, DATCP must complete the inspection within 30 days after DATCP receives a complete license application (unless the applicant agrees to a later inspection date).
DATCP must grant or deny a license application within 30 days after DATCP receives the license application or, if a pre-license inspection is required, within 30 days after DATCP completes the inspection.
Grease Processing Plants; Location, Facilities and Operations
Current statutes prohibit the construction of a rendering plant within 1/8 mile of an existing residence or place of business (this rule incorporates that statutory prohibition). Grease processing plant facilities must comply with basic sanitation standards, including basic ventilation standards, specified in this rule. Facilities must be designed for easy cleaning.
Processed grease must be stored in a location and manner that protects it from contamination from unprocessed ingredients. A grease processing plant must be kept free of nuisance conditions that pose a significant health or environmental risk, or cause obnoxious odors (other than normal odors incidental to generally accepted processing practices).
A grease processor must collect and safely dispose of all solid and liquid waste from grease processing operations. A grease processor must collect processing waste and other solid waste at least daily, and more often as necessary, to keep facilities clean and orderly. Liquid waste must be discharged to a public sewer system, or to an effluent disposal system that complies with DNR rules. A grease processor must comply with applicable waste disposal laws, keep waste storage areas clean and orderly, and keep waste collection and disposal systems in good working order.
Grease Processor Records
Under this rule, a grease processor must keep records related to the receipt and processing of grease ingredients and the sale or distribution of processed grease. Records must identify all of the following:
• The name and address of each person from whom the grease processor receives ingredients for processing, the date and location of each receipt, the types of ingredients received, the weight or liquid volume of ingredients received, and the disposition of any ingredients not processed into grease.
• The types and daily amounts of grease produced at each grease processing plant.
• The name and address of each person to whom the grease processor sells or distributes grease, the dates on which the grease processor ships grease to each person, and the type and amount of grease included in each shipment.
• Lot coding or other records that effectively track the receipt, processing and distribution of ingredients and processed grease, so that it is possible to identify ingredient sources for each lot of processed grease (and vice versa).
A grease processor must retain required records for at least 3 years, and must make the records available for inspection and copying by DATCP upon request.
Dead Animal Collectors
General.
This rule clarifies current licensing and regulation of dead animal collectors under s.
95.72, Stats. Under this rule, a “dead animal collector" means a person who collects and transports whole carcasses, with hide or feathers intact, for delivery to a renderer, animal food processor or fur farm operator. “Dead animal collector" does not include any of the following:
• A person who is solely engaged in collecting or transporting hides or feathers.
• A licensed renderer (see above).
• A licensed animal food processor (see above).
• A fur farm operator who collects and transports carcasses solely for feeding to fur bearing animals on that person's fur farm farm (fur farmers must register with DATCP under s.
97.44(2), Stats.).
Dead Animal Collector License
Under this rule, no person may operate as a dead animal collector without an annual license from DATCP. This license requirement does not apply to a licensed renderer or animal food processor (see above) who collects or transports carcasses or carcass materials solely for processing by that renderer or animal food processor. A dead animal collector license does not authorize a license holder to do any of the following:
• Process carcasses or carcass materials.
• Collect or transport anything other than whole carcasses with hide or feathers intact.
• Collect, transport or deliver carcasses for processing or use as human food.
• Collect, transport or deliver carcasses for processing or use as animal feed, other than for processing by a licensed renderer or animal food processor.
An annual license expires on February 28 of each year and is not transferable. An annual license application must identify each transfer station operated by the dead animal collector, and must include other information required under this rule. The application must include an annual fee of $100 for the applicant's principal business location and for each of transfer station (this rule does not change the current fee). DATCP must grant or deny a license application within 30 days after DATCP receives a complete application.
Dead Animal Collector; Facilities and Operations
Facilities operated by a dead animal collector must comply with basic sanitation standards, including basic ventilation standards, specified in this rule. Facilities must be designed for easy cleaning, and must be kept free of nuisance conditions.
A dead animal collector must collect and safely dispose of all solid and liquid waste related to that person's operations. Liquid waste must be discharged to a public sewer system, or to an effluent disposal system that complies with DNR rules. A dead animal collector must comply with applicable waste disposal laws, keep waste storage areas clean and orderly, and keep waste collection and disposal systems in good working order.
A dead animal collector must transport and handle carcasses and carcass materials according to this rule (see below). If a dead animal collector slaughters an animal before collecting its carcass, the dead animal collector must use humane methods.
Dead Animal Collector Records
Under this rule, a dead animal collector must keep all of the following records:
• The name and address of each person from whom the dead animal collector receives carcasses, the date and location of each receipt, the types of carcasses received, and the number of carcasses of each type received.
• The name and address of each person to whom the dead animal collector delivers carcasses, the date and location of each delivery, the types of carcasses delivered, and the number of carcasses of each type delivered.
A dead animal collector must retain required records for at least 3 years, and must make the records available for inspection and copying by DATCP upon request.
Carcass Dealers
Under current DATCP rules, a person engaged in the business of buying, selling or distributing inedible animal carcasses or carcass materials must register annually with DATCP (unless that person is licensed as a rendering plant operator, animal food processor or dead animal collector). A registrant must keep records related to carcass transactions. This rule clarifies, but does not substantially alter, current rules. Under this rule, registrants are called “carcass dealers." There is no fee to register as a carcass dealer.
Transporting Carcasses and Carcass Materials
Licensing
Under this rule, no person may transport carcasses or carcass materials on a public road unless the person is licensed as a renderer, animal food processor or dead animal collector. This license requirement does not apply to any of the following:
• The transportation of meat according to ATCP 55.
• A farmer transporting carcasses of animals raised on his or her farm.
• Transportation solely for purposes of destruction, burial or landfill disposal.
• Transportation by a government agency.
• Transportation by a bona fide research institution, for purposes of scientific research.
• An animal trucker licensed under ch.
ATCP 12 who transports, for direct delivery to a licensed renderer, animal food processor or dead animal collector, the carcass of an animal that died while being transported by the animal trucker.
• The transportation of hides, feathers, or fully rendered products.
• A fur farm operator's transportation of carcasses or carcass materials solely to feed fur-bearing animals on the operator's fur farm.
• The transportation of legally harvested wild animals by or on behalf of the person who harvested them.
• An employee of a license holder, acting within the scope of his or her employment.
Vehicle Permit
A person who transports carcasses and carcass materials under this rule must hold a DATCP permit for each vehicle that the person uses to transport carcasses or carcass materials on a public road. A permit expires on February 28 of each year. There is no fee.
To obtain a vehicle permit, a person must apply on a form provided by DATCP. An application must identify the applicant and vehicle and must show that the applicant is licensed (or applying for a license) as a renderer, animal food processor or dead animal collector. DATCP must grant or deny an application within 30 days after DATCP receives a complete application.
Vehicle Marking
Each transport vehicle must bear the following information on both sides of the vehicle:
• The correct legal name of the vehicle permit holder, prominently printed in block lettering at least 3 inches high.
• The principal business address of the permit holder, prominently printed below the permit holder's name in block lettering at least 2 inches high.
Sanitary Transport
A person who transports carcasses or carcass materials under this rule must do all of the following:
• Transport carcasses or carcass materials in leakproof vehicles or containers that are closed or fully covered by a tarpaulin or other watertight covering.
• Clean and sanitize, after each day's use and more often if necessary, vehicles and containers used to transport carcasses and carcass materials.
Prohibited Practices
No person covered by this rule may do any of the following:
• Transport live animals without an appropriate license under ch.
ATCP 12 (Livestock Markets, Dealers and Truckers).
• Transport live animals in the same vehicle with carcasses or carcass materials.
• Park a vehicle containing carcasses or carcass materials in any place where the parked vehicle may create a nuisance condition.
Removing Carcasses from Transfer Stations
A person who operates a transfer station must remove carcasses and carcass materials from that transfer station within 24 hours after they are received, and sooner if necessary to prevent nuisance conditions. Carcasses and carcass materials received on a Saturday, or on a Sunday followed by a legal holiday, must be removed within 48 hours and sooner if necessary to prevent nuisance conditions.
Denaturing Carcasses and Carcass Materials
Under this rule, no renderer or animal food processor may transport, freeze, or receive for processing any carcasses or carcass materials other than the following:
• Complete carcasses with hide or feathers intact.
• Carcasses or carcass materials that are denatured according to this rule.
• Fully rendered products.
• Carcasses or carcass materials that are naturally incapable of being consumed by humans.
• Lungs and lung lobes originating from a licensed meat establishment.
To denature carcasses or carcass materials, a person must apply an approved denaturing agent according to this rule, so that the denatured carcass or carcass material has a distinctive color, texture, odor or taste and cannot be confused with human food. This rule identifies approved denaturing agents (the department may approve additional denaturing agents).
Labeling Processed Products
Under this rule, no person may sell or distribute any rendered product, animal feed or grease unless that product is clearly and conspicuously labeled with all of the following:
• The name and address of the renderer, animal food processor or grease processor.
• A clear identification of the product.
• The net quantity of product included in any package or bulk shipment.
• The clear and conspicuous statement “
INEDIBLE (SPECIES) NOT INTENDED FOR HUMAN FOOD" if the product is capable of being consumed by humans.
• The clear and conspicuous statement
“
DO NOT FEED TO CATTLE OR OTHER RUMINANTS" if required by current FDA rules under
21 CFR 589.2000.
Prohibitions
Under this rule, no person may do any of the following:
• Process, sell or distribute any carcass or carcass material as feed for food animals unless the material has been fully rendered.
• Do any of the following contrary to current FDA rules under
21 CFR 589.200 (some exemptions apply under current FDA rules):
Feed protein derived from animal tissues to cattle or other ruminant animals.
• Manufacture, label, sell or distribute, as feed for ruminant animals, any protein derived from mammalian tissues.
• Produce, sell or distribute food for human consumption pursuant to a renderer license, animal food processor license or grease processor license.
• Process food in the same facilities used for a rendering plant, animal food processing plant or grease processing plant.
Meat and Poultry for Human Consumption
DATCP administers Wisconsin's meat inspection program (includes poultry). DATCP licenses and inspects approximately 360 meat slaughter and processing establishments, and regulates the sale and distribution of meat. Wisconsin's program must be at least “equal to" the federal program administered by USDA. This rule modifies current DATCP meat inspection rules to incorporate recent federal regulatory changes.
Downer Animals
This rule prohibits, without exception, the slaughter of “downer" animals for human consumption (DATCP is already enforcing this federal prohibition).
Listeria Control Plans
Under federal regulations, meat establishments producing “ready-to-eat" meat products (such as bologna and frankfurters) must have written operating plans to minimize potential consumer health risks from Listeria monocytogenes. DATCP has already implemented this federal requirement in state-inspected meat establishments. This rule incorporates the federal regulations by reference.
Water Retained in Meat Products
Federal regulations prohibit retained water from post-evisceration processing in raw meat and poultry, except to the extent that the retained water is an unavoidable consequence of processing to meet food safety requirements. The product label must disclose the presence of any water in excess of naturally occurring water. This rule incorporates the federal regulations by reference.
Meat Brokers and Distributors; Records
Under current DATCP rules, meat brokers and meat distributors must register annually with DATCP unless they are licensed as meat establishments. Under this rule, meat brokers and meat distributors must keep all of the following records related to meat transactions in which they are involved as buyers, sellers or brokers:
• The name and address of the seller.
• The name and address of the buyer.
• The date and location of sale.
• The types of products sold.
• The amount of product of each type sold.
• The disposition of any meat products received by the meat broker or meat distributor.
Comparison with federal regulations
DATCP currently enforces federal commercial feed regulations under contract with FDA. Federal regulations include prohibitions designed to prevent BSE (“mad cow disease"). This rule is consistent with current federal regulations and does not change current federal regulations.
Federal law requires federal or state inspection of all meat establishments. State meat inspection must be at least “equal to" federal inspection. USDA administers the federal meat inspection program, and DATCP administers Wisconsin's state inspection program. This rule revises state meat inspection rules to keep them at least “equal to" federal regulations.
Comparison with adjacent states
All of the surrounding states (Michigan, Minnesota, Illinois and Iowa) regulate inedible animal by-products, including licensing and fees, processing and handling, facility standards, sanitation, labeling and enforcement. However, the surrounding states may use different terminology in their regulations.
All of the surrounding states require vehicle permits and identification of vehicles used to haul inedible carcasses and carcass materials. Surrounding states all require similar labeling of inedible carcasses, carcass materials and products. Surrounding states enforce FDA feed regulations, including prohibitions against the feeding of mammalian protein material to cattle or other ruminants. However, not all states have incorporated federal regulations by rule (incorporation facilitates enforcement under state law).
Data and analytical methodologies
See above. DATCP has analyzed current rules in light of actual program experience and industry practice. This rule is designed to clarify current rules, make current rules consistent with relevant federal rules, and make current rules internally consistent. DATCP has not conducted a formal scientific data analysis, because it is not necessary or relevant to this rulemaking proceeding.
DATCP conducts or monitors disease testing and surveillance as part of normal program administration, and evaluates programs in light of relevant disease findings and test results. Among other things, Wisconsin has tested over 100,000 cattle for BSE (about 20% of all the cattle tested to date in the U.S.) without any positive disease findings.
Fiscal Impact
This rule will have no significant fiscal impact on DATCP or local government units.
Business Impact
For the most part, this rule merely clarifies current rules without making significant substantive changes. Among other things, this rule clarifies the coverage of current licenses related to renderers, animal food processors, grease processors, commercial feed manufacturers and dead animal collectors.
This rule will not have any significant adverse impact on business (including small business). This rule clarifies current recordkeeping requirements, but it does not add significant new recordkeeping requirements. This rule requires regulated entities to keep records for 3 years (instead of 2 years under current rules).
Notice of Hearing
Commerce
(Construction Career Academies Grants,
Ch.
Comm 4)
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
101.31, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 4 relating to grants for construction career academies and affecting small business.
Hearing Information
Date and Time:
January 30, 2008
10:00 a.m.
Location:
Conference Room 3C
Thompson Commerce Center
201 West Washington Avenue
Madison
This hearing is held in an accessible facility. 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 a request from a person with a disability.
Submission of Written Comments
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 February 8, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Public Hearing Comments
The hearing record on this proposed rulemaking will remain open until February 8, 2008. Written comments on the proposed may be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Analysis Prepared by the Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
None.
Explanation of agency authority
Under the authority of chapter 101, Stats., the Department of Commerce has oversight of various construction programs to protect public safety. Under
2007 Wisconsin Act 20, the department has been directed to administer a grant program for construction career academies.
Summary of proposed rules
The proposed rules establish administrative procedures for the submittal and approval of grants for construction career academies.
Summary of, and comparison with, existing or proposed federal regulations
An internet search on federal grants for construction career academies in the U.S. federal regulations and U.S. federal register yielded no results.
Comparison with rules in adjacent states
An Internet-based search of grants programs for construction career academies in the states of Illinois, Iowa, Michigan and Minnesota found that none of the states have specific rules or programs regarding these types of grants.
Summary of factual data and analytical methodologies
The proposed rules were developed by reviewing the provisions under s.
101.31, Stats., as created by
2007 Wisconsin Act 20, as well as existing administrative rules for grant programs administered by the Department of Commerce.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
The proposed rules establish procedures for the issuance of grants to assist construction career academies, as instructed under s.
101.31, Stats., of
2007 Wisconsin Act 20. The enabling legislation affords certain entities the opportunity to acquire funds to further education in the various fields of construction. Based upon the conditions established under the enabling legislation, it is anticipated that construction organizations, high schools and technical colleges will be the likely applicants for the grants. These types of entities are not small businesses by definition. Therefore, the department does not believe that the proposed rules will have a direct effect on small business.
Agency Contact
Copy of Rules
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.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
Types of small businesses that will be affected by the rules.
The proposed rules establish procedures for the issuance of grants to assist construction career academies, as instructed under s.
101.31, Stats., of
2007 Wisconsin Act 20. Based upon the conditions established under the legislation, it is anticipated that construction organizations, high schools and technical colleges will be the likely groups applying for the grants.
Reporting, bookkeeping and other procedures required for compliance with the rules.
Successful applicants will be required to enter into contract with the department. The successful applicants will also be required to submit periodic documentation demonstrating compliance with the conditions of the grant and the contract.
Types of professional skills necessary for compliance with the rules.
It is anticipated that no additional or new professional skills are necessary in order to comply with the rules.
Will the rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Fiscal Impact
The proposed rules under chapter Comm 4 establish the procedures for implementing the grant program for construction career academies as established under
2007 Wisconsin Act 20. The funds for the grants will come from revenue generated by Safety and Buildings Division programs. The grant program is to be funded at $250,000 form the division's FY 08 revenue.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Notice of Hearing
Health and Family Services
NOTICE IS HEREBY GIVEN That the Department of Health and Family Services will hold public hearings to consider the repeal and re-creation of HFS 149, relating to the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) vendors and participants, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
January 30, 2008
9:30 a.m. - noon
|
2202 S. Park Street (Villager Mall)
Madison, WI 53713
Room 310
|
January 31, 2008
9:00 a.m. – 2:00 p.m
|
640 S. 84th St., Tommy G Thompson Youth Center
West Allis, WI 53214
Governor's Room
|
February 5, 2008
Noon – 2:00 p.m.
|
1 South Oneida (Courthouse)
Rhinelander, WI 54501
County Board Room, 2nd floor
|
February 6, 2008
10:00 a.m. – noon
|
720 Second Avenue, City County Building
Eau Claire, WI 54703
Room G330
|
February 7, 2008
9:00 – 11:00 a.m.
|
610 South Broadway
Green Bay, WI 54303
2nd Floor
|
The hearing sites are fully accessible to people with disabilities. If you are hearing impaired, do not speak English, or have circumstances that might make communication at a hearing difficult and you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov. The deadline for submitting comments at the website and the contact person is 4:30 p.m., on February 14, 2008.
Analysis Prepared by the Department of Health and Family Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
253.06, Stats., is specific to WIC and requires the Department to promulgate rules to establish the following: minimum qualification standards for the authorization of vendors in the WIC Program, the awarding of a contract to a vendor; and minimum requirements for participants, including prohibited practices.
Plain language analysis
Under the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the federal government provides supplemental foods and nutrition education through payment of cash grants to states that administer the program through local agencies at no cost to eligible persons. The WIC Program serves as an adjunct to good health care during critical times of growth and development, in order to prevent the occurrence of health problems. In Wisconsin, the WIC Program has 119,000 plus certified participants, comprised of low-income pregnant and breastfeeding women, infants and children under 5 years of age. Seventy local WIC projects (located in city and county public health departments, tribal agencies, private non-profit organizations, and one hospital) administer WIC in designated project service areas. These services include health screening, nutrition assessment and counseling, referrals to other health and social services, and WIC checks to purchase approved nutritious foods at authorized grocery stores and pharmacies (vendors).
The Wisconsin WIC Program is responsible for the authorization of some 1,000 vendors to provide food and infant formula to WIC participants. Applications are screened for basic store and management information, business integrity, and the selection of authorized WIC foods at competitive prices as determined by prices charged by all stores in the same peer group.
The proposed order repeals and recreates ch.
HFS 149, the Department's rules for authorizing and monitoring vendors participating in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), established under
42 USC 1786. The WIC Program in Wisconsin is administered by the Department and local agencies that contract with the Department to provide services such as eligibility determination, nutrition counseling, and food benefit issuance for participants. The existing administrative rules are being repealed and recreated to reflect changes in Wisconsin statutes and federal regulations. The Department proposes to make the following changes to ch.
HFS 149:
• Add and revise definitions.
• Increase the standards for eligibility for consideration by the Department as a WIC vendor, including:
1. The vendor demonstrates business integrity.
2. The vendor has an acceptable history with WIC and the Food Stamp Program.
3. The vendor is not delinquent in payment of taxes.
4. The vendor is not an above-50-percent vendor.
5. The vendor purchases WIC infant formula only from a supplier listed on the authorized infant formula list.
6. The vendor has regular, established hours of operation.
• Eliminate specifics about what is on an application for vendor authorization.
• Remove requirement to return incomplete applications to vendors; the state WIC office will work with vendors to complete the application information.
• Clarify vendor responsibilities related to change of ownership. A site visit is required by federal regulation for all initial authorizations, including changes of ownership. The visit can, however, be conducted prior to the legal change, if the vendor will make appropriate assurances that the vendor is accountable for the same information after the sale takes place.
• Consider a store moving within a five mile radius of the closing store a change of location and not a store closing, thus not requiring a new application for authorization.
• Clarify a vendor is required to meet eligibility requirements throughout the vendor's authorization period. If something changes, and the vendor no longer meets the requirements that allowed the vendor to be eligible, the vendor could be disqualified.
• Require vendors to maintain inventory and accounting records for the length of time specified in the agreement and the vendor would make these available as requested.
• Create standards for the use of the WIC logo and acronym.
• Eliminate Class A, B and C designation for vendor violations.
• Incorporate federally mandated sanctions for disqualification of vendors.
• Create discretionary (vs mandatory) sanctions for violations that states can identify.
• Allow forfeitures and corrective plans for some violations by vendors.
• Require civil money penalties in lieu of disqualification if the Department determines that participant access to WIC services is inadequate in the area served by the vendor.
• Allow recoupments and enforcement assessments against vendors.
• Incorporate required sanctions for second, third and subsequent violations by vendors.
• Incorporate Food Stamp Program reciprocal disqualifications for vendors.
• Bar voluntary withdrawal or non-renewal of agreement as an alternative to disqualification of a vendor.
• Specify when a full or abbreviated administrative review may be requested, and those situations where review may not be requested. Allow the Department to summarily suspend a vendor if determined that the violation is a public health emergency.
• Add a new subchapter related to WIC participants and proxies.
• Incorporate mandatory sanctions (1 year disqualification) for participation by a participant in more than one WIC project or clinic at the same time, and the fraudulent receipt of more than $100 in WIC benefits.
• Include mandatory repayment for all benefits received fraudulently by a participant.
• Specify sanctions for 1, 3 and 6 month state-identified violations by a WIC participant or proxy.
• Specify that disqualification applies to the participant, proxy and all of the participant's family members unless the local project determines that a serious health risk would result.
Summary of, and comparison with, existing or proposed federal regulations
The Department operates the WIC Program under a State Plan pursuant to
7 CFR 246.4. The State Plan is a plan of program operation and administration that describes the manner in which the Department implements and operates all aspects of the WIC Program in Wisconsin. The State Plan addresses vendor management including selection and authorization, training and monitoring, compliance investigations, and vendor sanctions that are related to this rule. The State Plan also addresses participant certification and eligibility including dual participation, participant rights and responsibilities, fair hearing procedures, and a sanction system that are related to this rule.
Comparison with rules in adjacent states
Iowa: Iowa Administrative Code 641 IAC 73.19 (135) and 641 IAC 73.8 (135) were revised effective 2006 to incorporate the P.L.
108-265 Child Nutrition and WIC Reauthorization Act of 2004 and subsequent policy and federal regulation revisions. They include the federal requirements related to vendor authorization, responsibilities of vendors, vendor monitoring, participant violations, vendor violations, reciprocal food stamp disqualifications, civil money penalties in lieu of vendor disqualification, approved purchases of infant formula, and elimination of “above 50%" stores. In addition to the violations and sanctions required by regulation, Iowa includes additional requirements for authorization, including a variety of groceries (likely the requirements to be a food stamp authorized store), limited sales from gasoline, alcoholic or tobacco products, regular store hours, and a requirement to order special infant formulas within 48 or 72 hours. The IAC utilizes a point system for assigning sanctions for various violations by vendors and participants.
Minnesota: Minnesota Rule Chapter 4617 was revised in April 2005 and addressed local agencies (not participants), vendors, appeals by vendors and local agencies and vendor applicants, and WIC approved foods. Ch. 4617 also incorporates the P.L.
108-265 and subsequent policy and rule requirements for vendor authorization, responsibilities of vendors, vendor monitoring, vendor violations, reciprocal food stamp disqualifications, civil money penalties in lieu of vendor disqualification, approved purchases of infant formula, and elimination of “above 50%" stores. Added requirement to be authorized to accept food stamps, requires cash registers that generate a receipt and provide a receipt to the participant, regular store hours. Ch. 4617 increased the sanctions for discretionary violations by lengthening the period of disqualification and changing the number of incidents from 3 to 2 before sanctioning, and defines inadequate participant access. Minnesota WIC does not appear to have Rule for participant fraud and abuse; instead it is addressed through program policy and guidance from the state WIC office on a case by case basis.
Illinois: 77 Illinois Administrative Code Ch. X, Part 672, subchapter i was revised effective September 2006 and includes the same federal requirements as stated in Minnesota and Iowa. Additional state requirements include less than 70% gross receipts from the sale of non-alcoholic products; specifies that neither the vendor applicant, vendor, nor any owner of 30% or more ownership shall have been terminated or disqualified from the WIC Program in the previous 3 years. Part 672 has sections on state major violations and sanctions, and state minor violations and sanctions. Illinois does not appear to have Administrative Code for participant fraud and abuse.
Michigan: The Michigan WIC Program does not have administrative rules for WIC; all vendor and participant requirements are either in the vendor contract or in State WIC Program policy.
Summary of factual data and analytical methodologies
1. The 1997 Economic Census – Wisconsin Geographic Series, which is compiled by the U.S. census bureau every 5 years for each year ending in “2" and “7" and is the latest available economic data compiled on businesses located in Wisconsin.
2. Criteria adopted by the Department and approved by the Wisconsin Small Business Regulatory Review Board to determine whether the Department's proposed rules have a significant economic impact on a substantial number of small businesses. Pursuant to the Department's criteria, a proposed rule will have a significant economic impact on a substantial number of small businesses if at least 10% of the businesses affected by the proposed rules are small businesses and if operating expenditures, including annualized capital expenditures, increase by more than the prior year's consumer price index or reduces revenues by more than the prior year's consumer price index. For the purposes of this rulemaking, 2006 is the index year. The consumer price index is compiled by the U.S. Department of Labor, Bureau of Labor Statistics and for 2006 is 3.2%.
3. The Department's WIC vendor and vendor redemption records. Each vendor is placed in a vendor peer group according to the number of cash registers, a valid indicator for the size of store. Small stores are those with 4 or less registers and would be considered a small store.
4. The Wisconsin WIC Program Advisory Committee's Retailer Sub-committee that includes the Wisconsin Grocers Association and retailers representing large and small grocery stores and pharmacies, reviewed and commented on the draft rule.
Initial Regulatory Flexibility Analysis
The Wisconsin WIC Program assigns each vendor (grocery store and pharmacy) to a vendor peer group based on the number of cash registers, a criteria that has been validated as an accurate indicator of the store size. As of July 2007, peer group 1 consisted of 433 grocery stores with 1-4 cash registers, i.e., a small store. The total redemption of the 433 grocery stores in Peer Group 1 for the month of July 2007 was $1,567,237, compared to $1,409,331 for the 222 grocery stores in Peer Group 2 (5-10 registers), and $3,465,249 for the 232 grocery stores in Peer Group 3 (11 or more registers).
All 165 WIC pharmacies are placed in Peer Group 9, regardless of the number of registers, with a July 2007 total redemption of $224,150.
All 9 above-50-percent vendors are placed in Peer Group 7. An above-50-percent vendor is an authorized vendor who derives more than 50 percent of annual food sales revenue from WIC checks or a vendor applicant for initial authorization who estimate they will derive more than 50 percent of annual food sales revenue from WIC checks. There are 6 small stores and 1 pharmacy in the above-50-percent Peer Group. Total redemption for July 2007 was $108,450.
The proposed rules will affect small businesses, however, the proposed rules will not have a significant economic impact on the small businesses that are compliant with this rule. Small stores that do not currently maintain regular established hours of operation may have to increase the time open to at least five days a week for a minimum of two four-hour blocks of time. This requirement may result in an increase in sales that would off-set any increase in costs. The rules codify vendor contract requirements for stores and pharmacies to maintain inventory and accounting records as required under the vendor contract, and to report store prices to the Department. These are not new requirements. No professional skills are required to comply with the rules.
The WIC Program is entirely federally funded. No state funding is used for administrative expenses or for food purchases. It is not anticipated that federal food expenditures will be increased as a result of this rule; in fact, food expenditures should be less when the rule is in place. There would be tighter pricing requirements for above-50-percent vendors, and stronger sanctions for fraud and abuse, including recoupments as a result of overcharging for WIC foods.
Small business regulatory coordinator
Fiscal Impact
The WIC program is entirely federally funded. No state funding is used for administrative expenses or for food purchases. It is not anticipated that federal food expenditures will be increased as a result of this rule; in fact, food expenditures should be less when the rule is in place. There would be tighter pricing requirements for above-50-percent vendors and stronger sanctions for fraud and abuse, including recoupment of overcharging for WIC foods.
There would be an indeterminate state fiscal impact as a result of the expansion of sanctions, but it is anticipated that WIC would increase its existing administration revenues as a result of imposing an enforcement assessment with each recoupment.
There will be no local government impact as a result of this rule. All of the provisions related to vendor sanctions are conducted by the state WIC office and monitoring requirements for the local projects have not changed. Provisions related to participant fraud and abuse are either unchanged from previous policy or lessened; for example, follow-up for participant repayment is now limited to two letters, with additional follow-up to be conducted by the state WIC office if needed.
Copy of Rule
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at
http://adminrules.wisconsin.gov or by contacting the person listed below.
Contact Person
Patti Herrick
WIC Program Director
Room 243, 1 West Wilson Street
Madison, WI 53701
Phone: 608-266-3821
Fax: 608-266-3125
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
110.06,
110.20 (9), and
227.11, Stats., interpreting s.
110.20, Stats., the Department of Transportation will hold a public hearing on
February 4, 2008 at the Hill Farms State Transportation Building,
Room 144-B, 4802 Sheboygan Avenue, Madison, WI, at
1:00 PM, to consider the amendment of ch.
Trans 131, Wisconsin Administrative Code, relating to the vehicle emission inspection program.
Parking for persons with disabilities and an accessible entrance are available.
Copy of Rule
A copy of the proposed rule may be obtained upon request from Steve Hirshfeld, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7909, Madison, WI 53707-7909. You may also contact Steve Hirshfeld by phone at (608) 266-2267 or via e-mail:
stephen.hirshfeld@dot.state.wi.us.
Analysis Prepared by the Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
The Wisconsin Department of Transportation (WisDOT) is required to provide an emissions inspections program nonexempt vehicles customarily kept in a number of counties in Wisconsin. WisDOT is required to promulgate rules specifying procedures for inspection of vehicles, including the method of measuring emissions and the types of equipment which may be used in such measurement. The procedures and methods used must be capable of being correlated with procedures established under federal law.
Related statutes or rules
Plain language analysis
This rule amendment conforms ch.
Trans 131 to statutory changes in the vehicle inspection and maintenance program, enacted in
2007 Wis. Act 20. The program is changed to:
• Eliminate emission inspection of vehicles model year 1995 and earlier (previously, vehicles model year 1968 and newer required testing).
• Add emission inspection of vehicles model year 2007 and later up to 14,000 lbs. gross vehicle weight rating while limiting vehicles model year 2006 and earlier to 8,500 lbs gross vehicle weight rating (previously, all vehicles up to 10,000 lbs had required testing).
• Add emission inspection of vehicles model year 2007 and later that are powered by diesel fuel.
• Allow the Department to establish methods for emission testing, and delivery of testing services in addition to the previously established method of a single contractor under contract to the Department.
In this proposed rule, the Department establishes as the testing method the second-generation on-board diagnostic test (OBD II), and establishes as the service delivery method a possibility of multiple contractors who perform the test at their own facilities, or by subcontracted testing at subcontractors' facilities, or at self-service facilities where a vehicle owner may test the vehicle; and transmission of test results and repair information to the Department electronically in a format specified by the Department.
This proposed rule eliminates the previously-established idle and transient tailpipe testing methods, and the emission equipment inspection, leaving only the OBD II method. This amendment repeals references in the rule related to these now eliminated testing methods.
In addition, this proposed rule eliminates the evaporative emission test (“gas cap test"), which was previously required but is no longer necessary with OBD II technology.
The proposed rule clarifies that to obtain a waiver of compliance on the basis of statutory repair cost limit, the vehicle must pass a waiver emission equipment inspection.
Under law, emission testing is required based on where a vehicle is customarily kept, as stated by the vehicle owner or lessee. This proposed rule makes clear that the Department may determine whether a vehicle domicile as stated is consistent with the vehicle owner or lessee address or other information. The purpose is to deter statement that the vehicle is not customarily kept in the emission area in order to avoid the emission test requirement.
Summary of, and comparison with, existing or proposed federal regulations
The vehicle emission inspection and maintenance program exists to comply with federal law and regulations under the Clean Air Act and amendments. The Wisconsin Department of Natural Resources (DNR) has established the inspection and maintenance program as one of several measures to reduce air pollution. DNR has received approval from the federal Environmental Protection Agency (USEPA) for all Wisconsin's air pollution reduction measures. The program change enacted in
2007 Wisconsin Act 20 and in this rule amendment has been approved by USEPA, and this proposed rule conforms to federal regulations.
Comparison with rules in adjacent states
Michigan: Michigan has no vehicle inspection and maintenance program, and consequently no rules addressing such.
Minnesota: Minnesota has no vehicle inspection and maintenance program, and consequently no rules addressing such. State rules prohibit motorists from:
• Permitting vehicles to emit visible air contaminants for more than 10 consecutive seconds (non-diesel cycle engines) or more than 20 consecutive seconds (diesel cycle engines), and
• Removing, altering, or otherwise rending inoperative any vehicle air pollution control system.
Illinois: Emissions testing is prescribed under the Illinois Vehicle Emissions Inspection Law [625 Illinois Compiled Statutes 5/13C (2005)]. The Inspection Law requires biennial inspection of 1996 and newer model year light-duty vehicles, light-duty trucks, and heavy-duty vehicles. Diesel-powered vehicles, motorcycles and other specified vehicle/registration types are exempt from inspection. Vehicles do not require inspection until they are four model years old.
Per the Inspection Law, the emissions test(s) to be performed on each vehicle consists of one of the following alternatives:
1. On-board diagnostics test.
2. Idle exhaust and gas cap pressure test.
The former applies to all OBD II-equipped vehicles; the latter to remaining testable vehicles.
Iowa: Iowa has no vehicle inspection and maintenance program, and consequently no rules addressing such.
Summary of factual data and analytical methodologies
The program change enacted in
2007 Wis. Act 20 and in this proposed rule results from a joint study by the Wisconsin DNR and DOT. The agencies studied the age of the Wisconsin vehicle fleet, the existence and efficacy of OBD II technology on vehicles, and the costs and benefits of various methods of emission testing. The agencies concluded that sufficient numbers of newer model year vehicles, equipped with OBD II technology, now exist in the vehicle fleet that it is cost-effective to eliminate testing of older vehicles and eliminate tailpipe testing, and the overall air pollution reduction level is maintained.
Analysis and supporting documentation used to determine effect on small businesses
In establishing the new emission program design, DOT and DNR studied the age of the Wisconsin vehicle fleet. The agencies have determined that most vehicles in the fleet are within the 1996-current model year range, and that older vehicles have largely been removed from the fleet. The likelihood is that small businesses own newer vehicles, equipped with OBD II technology. As a result, while more vehicles are made subject to emission testing under the new law, the cost per vehicle to comply should be reduced. To the extent that small businesses still own older vehicles, those vehicles are no longer subject to testing and repair.
Effect on small business
Section
285.30, Stats., as amended by
2007 Wis. Act 20, eliminates the testing requirement for vehicles model year before 1996. To the extent that small businesses own older vehicles, the law eliminates the need for those vehicles to be tested. The law also requires diesel-powered vehicles of model year 2007 and newer, and vehicles model year 2007 and newer up to 14,000 lbs gross vehicle weight rating to undergo OBD II emission testing. On the other hand, these vehicles are manufactured with OBD II equipment and software, and maintaining the vehicles' emission systems is a reasonable expectation, and thus not unduly burdensome. The statute provides for enforcement of emission testing through vehicle registration denial. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal effect
Section
285.30, Stats., as amended by
2007 Wis. Act 20, eliminates the testing requirement for vehicles model year before 1996. To the extent that local governments own older vehicles, the law eliminates the need for those vehicles to be tested and repaired. The law also requires diesel-powered vehicles of model year 2007 and newer, and vehicles model year 2007 and newer up to 14,000 lbs gross vehicle weight rating to undergo OBD II emission testing. On the other hand, these vehicles are manufactured with OBD II equipment and software, and maintaining the vehicles' emission systems is a reasonable expectation, and thus not unduly burdensome. The statute provides for enforcement of emission testing through vehicle registration denial.
Anticipated costs incurred by private sector
Section
285.30, Stats., as amended by
2007 Wis. Act 20, eliminates the testing requirement for vehicles model year before 1996. To the extent that state or private sector entities own older vehicles, the law eliminates the need for those vehicles to be tested and repaired. The law also requires diesel-powered vehicles of model year 2007 and newer, and vehicles model year 2007 and newer up to 14,000 lbs gross vehicle weight rating to undergo OBD II emission testing. On the other hand, these vehicles are manufactured with OBD II equipment and software, and maintaining the vehicles' emission systems is a reasonable expectation, and thus not unduly burdensome. The statute provides for enforcement of emission testing through vehicle registration denial.
Agency contact person and place where comments are to be submitted and deadline for submission
The public record on this proposed rule making will be held open until close of business the day of the hearing, 2007, to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Steve Hirshfeld, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7909, Madison, WI 53707-7909. You may also contact Steve Hirshfeld by phone at (608) 266-2267 or via e-mail:
stephen.hirshfeld@dot.state.wi.us.
