Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 75, relating to retail food establishments.
Objective of the Rule
This rule will modify DATCP's retail food establishment administrative rule under ch.
ATCP 75, Wis. Adm. Code, and the appended Wisconsin Food Code. The current rule sets standards for food safety practices at retail food stores such as grocery stores, supermarkets and convenience stores.
This rule may do all of the following:
•
Work with the Department of Health Services (DHS) to update the state's retail food code. DATCP and DHS have adopted a common retail food code under chs.
ATCP 75 and
HFS 196, Wis. Adm. Code. Chapter
ATCP 75 covers retail food establishments such as grocery stores, supermarkets and convenience stores. Chapter
HFS 196 regulates food service establishments (restaurants). Both rules are based on the federal Model Food Code published by the U.S. Food and Drug Administration (FDA).
•
Incorporate updates from the 2009 federal Model Food Code into the state retail food code.
•
Clarify licensing requirements for retail food businesses.
•
Make technical changes and practical improvements, as necessary.
•
Maintain consistency between DATCP and DHS rules, and improve consistency where possible.
Policy Analysis
The Department of Agriculture, Trade and Consumer Protection and the Department of Health Services adopted uniform retail food rules, based on the federal Model Food Code, effective February 2001. This has helped to eliminate conflicting regulatory requirements, especially for businesses that combine grocery and restaurant operations. It has reduced confusion for business owners, and has eliminated duplicative licensing and inspection.
The federal Model Food Code is revised and published every four (4) years. Rule revisions are needed to incorporate changes in the federal Model Food Code, and to make the rules as clear and practical as possible. DATCP and DHS will collaborate on the proposed changes, with input from affected businesses.
Policy Alternatives
Do nothing. If DATCP does nothing, Wisconsin's retail food code will be out of step with the current federal Model Food Code. The code will not be as clear, or as practical, as it could be. Wisconsin's retail food industry may be put at a competitive disadvantage, and may incur unnecessary costs. Food code provisions may no longer be based on the latest science, and there may be less effective and efficient protection for food consumers.
Statutory Authority
Comparison with Federal Regulations
There is no federal law related to retail food establishments or restaurants. The United States Food and Drug Administration publishes the federal Model Food Code as a model for states to use in developing their retail food establishment and restaurant regulations.
Entities Affected by the Rule
This rule will revise regulations for retail food establishments licensed and inspected by DATCP or its local city and county agents.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 0.5 FTE staff time to develop this rule change. This includes research, drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. DATCP will assign existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 91, relating to selling commodities by weight, measure and count.
Objective of the Rule
Repeal the current methods of sale for commodities, and adopt the methods of sale established by the national institute of standards and technology (NIST) for sale of commodities.
Policy Analysis
DATCP regulates the methods of sale of commodities sold in Wisconsin in ch.
ATCP 91, Wis. Adm. Code. The methods of sale required by DATCP for various types of commodities is different than the NIST guidelines for methods of sale of commodities. The NIST guidelines for methods of sale of commodities have been adopted by 45 other states. Businesses that sell commodities in Wisconsin must adjust their methods from the methods of sale they follow in most other states. The department proposes that it adopt the NIST guidelines for methods of sale of commodities in Wisconsin. By adopting the NIST guidelines, these businesses will be able to save the cost of adjusting their methods to comply with Wisconsin law. In addition, consumers will be more familiar with the Wisconsin methods of sale if they harmonize with those of other states, and uniformity of methods will facilitate compliance efforts.
Policy Alternatives
No change to the current methods of sale for commodities. If the current methods of sale remain in force, these methods will continue to be different than the NIST guidelines followed by most states. Businesses that sell commodities in Wisconsin will continue to be required to adjust their methods of sale in Wisconsin. Wisconsin consumers familiar with methods of sale in other states will still need to adjust their understanding of these methods when purchasing commodities in Wisconsin.
Statutory Authority
Comparison with Federal Regulations
There are no federal laws that establish methods of sale for commodities.
Entities Affected by the Rule
Businesses that sell commodities in Wisconsin will have to adjust their methods of sale to comply with the methods of sale provided by the NIST guidelines and required in most other states.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 0.1 FTE staff time to develop and adopt this rule. This includes research, drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. DATCP will assign existing staff to develop this rule.
Insurance
Subject
Revises section
Ins 2.81, Wis. Adm. Code, relating to use of the 1980 CSO Standard Ordinary Life Valuation Mortality Table.
Objective of the Rule
The proposed rule will establish for preneed funeral life insurance products minimum mortality standards for reserves and nonforfeiture values, and require use of the 1980 Commissioners Standard Ordinary (CSO) Life Valuation Mortality Table for use in determining the minimum standard of valuation reserves and the minimum standard nonforfeiture values for preneed funeral insurance products.
Policy Analysis
The existing requirements are contained primarily in s.
623.06 (2) (am) 3., Stats., and s.
Ins 2.80 (4) (a) and
(b), and subch.
V of Ch. Ins 50, Wis. Adm. Code. Section
2.81, Wis. Adm. Code, sets forth the requirements for the use of the 2001 Commissioners Standard Ordinary (CSO) Mortality table by insurers, meeting prescribed conditions, in determining minimum reserve liabilities and minimum nonforfeiture values, which may be used for policies issued on or after January 1, 2005, and before January 1, 2009, and which shall be used for policies issued on or after January 1, 2009. Research completed by the Deloitte University of Connecticut Actuarial Center commissioned by the Society of Actuaries as a part of a study of preneed mortality determined that the 2001 CSO Mortality Table produces inadequate reserves for policies issued to fund funeral services and expenses. Funeral policies are regulated under s.
632.415, Stats. The proposed rule is under consideration as it has been recommended by the NAIC.
Statutory Authority
Comparison with Federal Regulations
The office is unaware of any proposed or existing federal regulation that is intended to address the activities to be regulated by this proposed rule.
Entities Affected by the Rule
The proposed rule will affect insurers which offer preneed funeral life insurance products.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary
