Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 70, relating to food processing plant license exemptions for certain small processors.
Objectives of the Rule
This rule may exempt the following persons from licensing as food processing plant operators:
•
A person who processes certain types of foods at home, for retail sale by that person, provided that the person receives a combined total of no more than $5,000 from the retail sale of those types of home-processed foods in any license year.
•
A maple syrup processor that receives no more than $5,000, in any license year, from the sale of maple syrup for further processing.
This rule will define the scope of theses license exemptions, and will interpret and clarify related statutes and rules as necessary.
Policy Analysis
DATCP administers Wisconsin's food safety program under ch.
97, Stats. DATCP licenses and regulates food processing plant operators under s.
97.29, Stats., and ch.
ATCP 70, Wis. Adm. Code. Regulation is designed to protect public health and safety.
Recent law changes (
2009 Wis. Act 101) created a food processing plant license exemption for persons who home-process certain foods for retail sale, provided that their gross sales of those foods do not exceed $5,000 a year. This rule may clarify that license exemption, and expand it to include small-scale processing of certain other (less hazardous) home-processed foods.
This rule may also create a limited license exemption for maple syrup processors that receive no more than $5,000, in any license year, from the sale of maple syrup for further processing.
This rule will define the scope of theses license exemptions, and will interpret and clarify related statutes and rules as necessary. This rule will reduce the regulatory burden for certain small-scale food processing operations, without creating undue risks to public health or safety.
Policy Alternatives
New law enacted by
2009 Wis. Act 101 requires DATCP to implement licensing exemptions for certain foods that are canned or processed at home. DATCP has no alternative but to adopt those rules. In the interest of fairness, DATCP may also adopt rules (as described in this scope statement) to exempt certain small-scale processors of other, less-hazardous, food from licensing. DATCP hopes to clarify the interpretation of Act 101, and provide a fair and consistent approach to licensing.
DATCP has received numerous requests for clarification of Act 101, as well as requests for the exemption of maple syrup processors who sell less than $5,000 per year at wholesale. DATCP seeks to be consistent and fair to these producers of these and other food products, without jeopardizing the public food supply. If DATCP takes no action to clarify licensing requirements, licensing criteria may be confusing, inconsistent and needlessly burdensome.
There are no statutory alternatives at this time.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
This rule will benefit persons that process limited amounts of certain food products (such as pickles, canned vegetables or fruits, breads, cakes and candy) in their homes for retail sale, including sales at community events or farmers' markets. This rule will also benefit maple syrup processors that sell small amounts of maple syrup for further processing
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use the equivalent of 0.50 FTE staff to revise this rule. This includes rule drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must approve the hearing draft.
The Board must also approve the final draft rule before the department adopts the rule.
Children and Families
Subject
Revises Chapter
DCF 53, relating to adoption record searches.
Policy Analysis
Medical information. Under s.
48.432, Stats., adults who were adopted in Wisconsin or who were not adopted but whose birth parents' parental rights were terminated may obtain from Department files relevant medical or genetic information about themselves or their birth parents. This information is also available to adoptive parents, guardians, offspring, and assigned agency or social workers.
If the Department does not have the information on file, a search for the birth parents may be requested to obtain the information. The request must be accompanied by a statement from a physician certifying either that the adoptee or individual who was not adopted but whose birth parents' parental rights were terminated has or may have acquired a genetically transferable disease or that the adoptee's or individual's medical condition requires access to the information. Before the information is released, the name and address of the birth parent and the identity of any health care provider is deleted.
Identifying information. Under s.
48.433, Stats., a birth parent whose parental rights have been terminated may file an affidavit authorizing the department or agency to provide the child with his or her original birth certificate and any other available information about birth parent's identity and location. This affidavit may be revoked at any time.
The Department or agency may disclose this information to adults whose birth parents' parental rights were terminated if it has unrevoked affidavits from both parents or an unrevoked affidavit from one of the birth parents and the other birth parent was unknown at the time of the termination of parental rights.
If the Department or agency does not have an affidavit on file from each known birth parent, a search for each birth parent who has not filed an affidavit may be requested. Upon locating a birth parent, the department or agency shall notify the parent of the request for information and the right to file an affidavit. If, after a search, a known birth parent cannot be located, the department or agency may disclose the information if the other birth parent has filed an unrevoked affidavit.
If the department or agency may not disclose the information requested, it shall provide requester with any nonidentifying social history information about either of the birth parents that it has on file.
The proposed rules will update and clarify the rules implementing these statutory provisions.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
County agencies and licensed child-placing agencies.
Estimate of Time Needed to Develop the Rule
150 hours.
Contact Information
Judy Ranney
Adoption Record Search
Phone: (608) 264-9852
Children and Families
Subject
Revises Chapter
DCF 201, relating to establishing and adjusting child care subsidy authorizations.
Policy Analysis
