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 Estimate
This rule will have no significant fiscal impact on DATCP or local government units.
Initial Regulatory Flexibility Analysis
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
Podiatrists Affiliated Credentialing Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Podiatrists Affiliated Credentialing Board in ss.
15.085 (5) (b),
227.11 (2),
448.665 and
448.695 (2), Stats., and interpreting s.
448.665, Stats, the Podiatrists Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to create s.
Pod 3.02 (1) (e), relating to continuing medical educational programs.
Hearing Information
Date: February 19, 2008
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 22, 2008, to be included in the record of rule-making proceedings.
Agency contact person
Pamela Haack, Paralegal
Department of Regulation and Licensing
Office of Legal Counsel
1400 East Washington Avenue - Room 152
P.O. Box 8935
Madison, Wisconsin 53708-8935
Telephone: (608) 266-0495
Submission of Written Comments
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before February 22, 2008, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
The Podiatrists Affiliated Credentialing Board has the authority under s.
448.665, Stats., to promulgate rules relating to continuing education.
Related statute or rule
There are no other related statutes or rules other than those listed above.
Plain language analysis
Section
Pod 3.02 sets forth the requirements for obtaining continuing education for podiatrists. Each biennium, podiatrists are required to obtain 50 hours of acceptable continuing education. Under the current rule, the board has recognized four entities that may approve continuing education for its licensees. This amendment recognizes an additional entity, the Wisconsin Society of Podiatric Medicine, as an acceptable approval authority for continuing education. By adding this amendment, licensees will have additional programming from which to choose in order to complete their continuing education requirements.
SECTION 1 adds an additional organization that may approve continuing education programs for podiatrists.
Comparison with federal regulations
There is no existing or proposed federal regulation.
Comparison with rules in adjacent states
Iowa. The Iowa board does not preapprove continuing education providers, sponsors, or programs. Licensees must review the statutory requirements and determine if programs meet the specified criteria. Some approved sponsors are listed, including the American Podiatric Medical Association and regional or state affiliates of the American Podiatric Medical Association.
Illinois. Sponsors can apply to the board for recognition. They must be validated by the Council on Podiatric Medical Education.
Michigan. There are six categories of continuing education. Approval is granted by the Accreditation Council on Podiatric Education, the Board, accredited hospitals or other clinical institutions, or a graduate training program. A publication option is also available.
Minnesota. Programs must be approved by the Board or the Council on Podiatric Medical Education. Participation in home study programs, hospital staff meetings and acceptable graduate medical education are also allowed.
Summary of factual data and analytical methodologies
A request to be included as a provider was submitted to the board by the Wisconsin Society of Podiatric Medicine (WSPM). The board reviewed its current list of continuing podiatric medical education programs (CPME) and determined an expanded list of programs would offer more options for podiatrists.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
Small business regulatory review coordinator
Analysis and supporting documents used to determine effect on small business
The board reviewed the request of the Wisconsin Society of Podiatric Medicine (WSPM), discussed it in person with a representative of the WSPM, and posed questions relating to the request. Board members consulted with members of the profession about the request and offered their own views on the merits of expanding the list of CPME programs.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Fiscal Estimate
The department estimates that the proposed rule will have no significant impact.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Text of Rule
SECTION 1. Pod 3.02 (1) (e) is created to read:
Pod 3.02 (1) (e) The Wisconsin Society of Podiatric Medicine.
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to s.
227.11 (2) (a), Stats., and interpreting s.
115.28 (47), Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules created under Chapter
PI 33, relating to grants for nursing services. The hearing will be held as follows:
