Rule-Making Notices (Hearing Notices)

Comparison with rules in adjacent states

Minnesota:

Minnesota exempts a person from licensing as a food processor if the person produces less than $5,000 of non-potentially hazardous food or less than $5,000 of home-canned acidified food. Home-canned acidified foods may only be sold at community or social events or farmers' markets in Minnesota. A point-of-sale placard and the product label must disclose that the product was produced in an unlicensed and uninspected home setting. The product label must also disclose the name and address of the processor and the date the goods were processed. Wisconsin's new law (2009 Act 101) was influenced by Minnesota's law.

Illinois and Michigan:

Illinois and Michigan have no laws related to home-processed foods. All food processed for sale to the public in Illinois and Michigan must be processed in a licensed facility.

Iowa:

In Iowa, individuals may annually process up to $20,000 in potentially-hazardous baked goods (including soft pies and bakery products with a custard or cream filling) at a licensed “home food establishment" for sale on the premises (the bakery goods may be consumed elsewhere). Individuals may sell non-potentially hazardous home-baked goods at a farmers' market, without a license. Canning and processing of low acid or acidified foods must be done in a licensed commercial establishment.

Summary of data and analytical methodologies

This emergency rule is not based on any specialized data or analytical methodologies. Portions of this rule (such as pH requirements for home-canned food sold to the public) are based on well-established food science and public health principles.

Small Business Impact

This emergency rule implements 2009 Wis. Act 101, which removes license requirements for certain home-canners who wish to sell their products to the public at community or social events, farmers' markets and farm roadside stands. The food safety standards in this rule will help protect the public from serious food safety hazards (including botulism) that may be associated with improperly home-canned products. The prevention of food safety problems promotes public confidence, and benefits the entire food industry including home-canners.

This emergency rule may encourage some home-canning hobbyists to sell their home-canned products at community or social events, at farmers' markets, or at their own farm roadside stands. That may have an adverse competitive impact on licensed canners who currently supply those sales outlets, although the adverse effect is likely to be minimal. Larger food canning businesses that supply canned food for the mass consumer market will not be significantly affected by this emergency rule.

This rule also exempts certain small maple sap processors from licensing under s, 97.29. The exemption will relieve those processors from unnecessary licensing costs and compliance burdens, while ensuring adequate food safety protection.

Small business regulatory coordinator

To provide comments or concerns relating to small business, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address below, or by emailing to [e-mail] or by telephone at [phone].

Environmental Impact

This rule will not have any significant environmental impact.

Fiscal Estimate

This rule will not have a significant fiscal impact on the state of Wisconsin or on local governments.

Agency Contact Person

Questions and comments related to this rule may be directed to:

Debbie Mazanec

Dept. of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone [phone]

E-Mail: [e-mail]

Notice of Hearing

Agriculture, Trade and Consumer Protection

rulemaking_notices CR 10-045 CR 10-045

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on a proposed rule to revise Chapter ATCP 127, Wis. Adm. Code, relating to adding cell numbers to Wisconsin's Telemarketing “No Call" List.

Hearing Information

Tuesday, June 8, 2010

2:00 p.m. to 4:00 p.m.

Dept. of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive, Board Room (CR-106)

Madison, Wisconsin, 53718-6777

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by June 11, 2010, by writing to Michelle Reinen, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, [e-mail], telephone [phone]. Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Submittal of Written Comments

DATCP invites the public to attend the hearing and comment on the rule. Following the hearing, the hearing record will remain open until Friday, June 25, 2010 for additional written comments. Comments may be sent to the Division of Trade and Consumer Protection at the address below, by email to [e-mail] or online https://health.wisconsin.gov/admrules/public/Home.

Copies of Proposed Rule

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or emailing [e-mail]. Copies will also be available at the hearings. To view the proposed rule online, go to: https://health.wisconsin.gov/admrules/public/Home.

Analysis Prepared by Department of Agriculture, Trade and Consumer Protection

The Department of Agriculture, Trade and Consumer Protection (DATCP) administers the Wisconsin's telemarketing “No Call" law, s. 100.52, Stats. The “No Call" law authorizes DATCP to create a list of telephone numbers of Wisconsin residents who do not want to receive telemarketing calls.

The law prohibits telemarketers from calling the listed numbers. Telemarketers must register with DATCP, and receive copies of the periodically-updated “No Call" list. DATCP has adopted rules to interpret and administer the “No Call" law, and prohibit unfair telemarketing practices. The rules are contained in ch. ATCP 127, Wis. Adm. Code.

When first enacted, the “No Call" law only authorized DATCP to include residential “land line" numbers on the “No Call" list. 2007 Act 226 changed the law to allow the inclusion of commercial mobile service numbers (cell phone numbers) on the “No Call" list. DATCP has already implemented that law change. This rule merely updates current rules to reflect current law and practice.

Statutes interpreted

Sections 100.20 (2) and 100.52, Wis. Stats.

Statutory authority

Sections 93.07 (1), 100.20 (2) and 100.52, Wis. Stats.

Explanation of agency authority

DATCP has general authority, under s. 93.07(1), Stats., to interpret laws under its jurisdiction. DATCP has authority, under s. 100.52, Stats., to create a list of the telephone numbers of residential consumers with landline service and consumers with cell phone service who do not want to receive telemarketing calls and prohibit telemarketing calls made to telephone numbers on the list. DATCP also has broad authority, under s. 100.20, Stats., to regulate methods of competition and trade practices in business.

Related rules or statutes

Chapter ATCP 127, subchapter II, Wis. Adm. Code, which is promulgated under the authority of s. 100.20(2), Wis. Stats., regulates the sales practice of persons who solicit consumers over the telephone.

Rule content

This rule does all of the following:

•   Changes the definition of “residential telephone customer" to “covered telephone customer" and defines this term to mean “an individual in this state who receives basic local exchange service or commercial mobile service from a telecommunications utility."

•   Changes the definition of “nonresidential telephone customer" to “noncovered telephone customer" and defines this term to mean “a person, other than a covered customer, who receives telecommunications service from a telecommunications utility."

•   Amends the definition of “telephone call" to include a voice communication “through the use of commercial mobile service."

•   Clarifies that the definition of “telecommunications utility" includes a person who provides commercial mobile service.

•   Renumbers the definitions and amends other parts of the rule to reflect changes in the definitions.

Comparison with federal regulations

Congress, the federal communications commission, and the federal trade commission have created a federal “No Call" list that includes cell phone numbers as well as land line numbers. The federal “No Call" regulations are not identical to Wisconsin regulations, and in some cases would allow calls that Wisconsin prohibits. However, the federal regulations do not preempt the more protective Wisconsin regulations.

Comparison with rules in adjacent states

Surrounding states, including Minnesota, Iowa, Illinois and Michigan have all adopted the federal “No Call" list as the state list. Indiana, like Wisconsin, maintains its own “No Call" list (the Indiana list, like the federal and Wisconsin lists, includes cell phone as well as land line numbers).

Small Business Impact

This rule will have few, if any, negative impacts on business. This rule simply updates the definitions and coverage of current rules to reflect law changes already enacted by the Legislature and implemented by DATCP.

To provide comments or concerns relating to small business, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address below, or by emailing to [e-mail]; telephone at [phone].

Fiscal Estimate

This rule will have no significant fiscal impact on DATCP or local units of government.

Agency Contact Person

Questions and comments related to this rule may be directed to:

Michelle Reinen, Program & Policy Analyst

Department of Agriculture, trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Phone: [phone]

EMail: [e-mail]

Notice of Hearing

Commerce

Financial Resources for Businesses and Communities, Chs. Comm 100—

rulemaking_notices CR 10-044 EmR1008, CR 10-044

NOTICE IS HEREBY GIVEN that pursuant to section 560.033 of the Statutes, the Department of Commerce will hold a public hearing on emergency rules and proposed permanent rules to create Chapter Comm 124, relating to the Forward Innovation Fund, and affecting small businesses.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
May 26, 2010 Wednesday At 9:00 a.m.	Thompson Commerce Center Third Floor, Room 3B 201 West Washington Avenue Madison

This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at [phone] or at Contact Through Relay 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.

Submittal of Written Comments

Interested persons are invited to appear at the hearing and present comments on the emergency rules and proposed permanent rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until May 28, 2010, 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.

E-mail comments should be sent to [e-mail]. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.