Federal regulations include the storage of fish, fishery products, and molluscan shellfish in the definition of processing of these products, and therefore firms performing these activities are subject to Hazard Analysis and Critical Control Point (HACCP) regulations. Wisconsin food processing plant regulations (ch. ATCP 70) adopt, by reference, the federal HACCP regulations for processing of fish and fishery products done in a food processing plant (21 CFR 123, cited in s. ATCP 70.18). Most Wisconsin food warehouse operators are aware of, and follow the HACCP regulations without being explicitly required to do so in Wisconsin rules. The rule clarifies that the federal HACCP requirements also apply to operators of warehouses handling fish, fishery products and molluscan shellfish, and will be enforced by the Department. This rule harmonizes the food warehouse refrigeration temperature requirement for eggs with the requirement found in ch. ATCP 88 (Eggs). This harmonization will remove confusion over the maximum refrigeration temperature for egg producers or egg handlers who receive eggs from another egg producer or egg handler and store the eggs for more than 24 hours before selling them. Finally, this rule clarifies which portions of new federal regulations implementing the FDA Food Safety Modernization Act (FSMA) must be followed by Wisconsin-licensed food warehouse operators.
Reporting, Bookkeeping and other Procedures
The proposed rule would not require any additional reporting, bookkeeping or other procedures.
Professional Skills Required
The proposed rule does not require any new professional skills by small businesses.
Accommodation for Small Business
Many establishments within the “warehouse” definition are quite small. While these rule revisions do not specifically address accommodations for them, the intent of the revisions is to exempt them from the multiple licenses some of them may currently require. The revisions are expected to have some small economic impact on warehouse operators storing fish, fishery products, or molluscan shellfish, because some will have to devote time and resources to obtain HACCP training, conduct a hazard analysis, and, if indicated, develop and follow a HACCP plan. Some warehouse operators may also have to obtain no-fee licensee dealer certification if they engage in specified activities with molluscan shellfish destined for interstate commerce. The complexity of these activity can be high but is generally necessary to ensure the safety of fish, fishery products, and molluscan shellfish.
Conclusion
This rule will not have a significant adverse effect on “small business” and is not subject to the delayed “small business” effective date provided in s. 227.22(2)(e), Stats. The Department will, to the maximum extent feasible, seek voluntary compliance with this rule. Comments from Legislative Committees (Summary)
The finished rule was submitted to the legislature for review on March 22, 2016. The rule was assigned to the Assembly Committee on Agriculture and the Senate Committee on Agriculture, Small Business and Tourism. Neither committee took action. The Senate referred the rule to the Joint Committee for Review
of Administrative Rules (JCRAR) on May 31, 2016, and the Assembly referred it to JCRAR on May 19, 2016. JCRAR also took no action on the rule.
