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
