This rule will maintain the competitiveness of Wisconsin goat milk producers, relative to producers in other states, by conforming Wisconsin goat milk standards to new (less stringent) national standards.
Related statutes and rules
Dairy plant operators are required to test goat milk received from producers, to ensure that goat milk meets somatic cell and other standards. Milk must be tested in certified laboratories, and test results must be reported to DATCP. Serious or continued violations of milk quality standards may result in state enforcement action, including the suspension of a milk producer's grade A dairy farm permit. In some serious cases, dairy plant operators must take immediate action to reject milk shipments from the affected dairy farms until violations are eliminated. However, not all violations require such an “immediate response." See, generally, chs.
ATCP 60 and
80, Wis. Adm. Code.
Wisconsin rules for grade A milk and fluid milk products (including goat milk and fluid goat milk products) must be in reasonable accord with the interstate pasteurized milk ordinance (PMO). See s.
97.24, Stats. The PMO is adopted by the National Conference on Interstate Milk Shipments (NCIMS) with the approval of the United States Food and Drug Administration (FDA), and is administered by FDA. Wisconsin rules must be at least as stringent as the PMO in order for Wisconsin to ship milk and fluid milk products in interstate commerce.
Plain language analysis
Recently, NCIMS and FDA relaxed the PMO standard for somatic cells in Grade A goat milk, from 1,000,000 somatic cells per ml to 1,500,000 per ml. The United States Department of Agriculture is making an equivalent change in its somatic cell standard for Grade B goat milk (Grade B milk may not be sold as fluid milk, but may be used to manufacture non-fluid dairy products such as cheese).
This permanent rule relaxes Wisconsin's standard for somatic cells in Grade A and Grade B goat milk, from 1,000,000 somatic cells per ml to 1,500,000 per ml, to conform to the new national standard. This rule also eliminates the current “immediate response" requirement, under which a dairy plant operator must immediately reject goat milk shipments from producer whenever a somatic cell count on any shipment from that producer exceeds 1,500,000 per ml.
Comparison with federal regulations
There is no federal law that compels this rule change. However this rule is consistent with recent changes in national standards (see above).
Comparison with rules in adjacent states
All surrounding states with dairy goat herds are likely to adopt the standard contained in this rule.
Summary of factual data and analytical methodologies
Somatic cell test methods for goat milk are currently prescribed by s.
ATCP 60.22 (3), Wis. Adm. Code. This rule does not change current test methods.
Small Business Impact
This rule will benefit the Wisconsin dairy goat industry, by relaxing the current somatic cell standard for dairy goat milk to conform to the newly relaxed national standard. This rule will maintain parity with other states, and will relieve goat milk producers and dairy plant operators of certain problems associated with the current somatic cell standard.
To provide comments or concerns relating to small business, you may contact DATCP's small business regulatory coordinator Keeley Moll at the address below, or by emailing to
Keeley.Moll@wi.gov or by telephone at (608) 224-5039.
Fiscal Estimate
This rule will have no fiscal impact on the state of Wisconsin or on local units of government.
Agency Contact Person
Questions and comments related to this rule may be directed to:
Tom Leitzke
Dept. of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4711
Notice of Hearing
Commerce
Licenses, Certifications and Registrations, Ch.
Comm 5Elevators, Escalators and Lift Devices, Ch.
Comm 18Plumbing, Chs.
Comm 81 to
87
NOTICE IS HEREBY GIVEN That pursuant to ss.
101.02 and
145.02, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters
Comm 5,
18, and
81 to
84, relating to the design, installation or construction, inspection and maintenance of plumbing.
Hearing Information
Date: Thursday, July 1, 2010
Time: 10:00 a.m.
Location: Thompson Commerce Building
Third Floor Conference Room #3B
201 W. Washington Avenue
Madison, WI
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) 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.
Appearances at the Hearing and Submittal of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until
July 15, 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. Written comments should be submitted to Lynita Docken, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
lynita.docken@wisconsin.gov.
Copies of Proposed Rules
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Lynita Docken, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email:
lynita.docken@wisconsin.gov, or telephone: (608) 785-9349 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Chapter
Comm 18, Conveyance Systems
Chapters
20 to
25, Uniform Dwelling Code
Chapters
Comm 60 to
66, Commercial Building Code
Chapters
81 to
87, Uniform Plumbing Code
Explanation of agency authority
Sections
101.02 and
145.02, Stats., grant the Department of Commerce general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the design, installation or construction, inspection and maintenance of plumbing. In accordance with s.
145.13, Stats., the department is also responsible for safeguarding the waters of the state.
Summary of proposed rules
The primary revisions to chapters Comm 81 to 84 clarify the existing rules by modifying technical requirements within the standards, reorganizing current requirements and incorporating editorial changes. The following is a summary of the major proposed rule changes to these chapters:
a.
Include definitions for various types of wastewater and requirements for wastewater treatment and containment devices. [Comm 81.01 (154) and (160m) and Comm 82.34 (1) and (15) ]
b.
Lower the thresholds for the required submission and review of plumbing systems from 16 to 11 plumbing fixtures. [Comm 82.30 Table 82.20-1 and Table 82.20-2]
c.
Modify the identification requirements of water supply systems that pose different degrees of hazard within a building. [Comm 82.40 (3) (d) and Table 82.40-1]
In addition, the proposed rules require 6 hours of continuing education for the renewal of the cross connection control tester license. [Comm 5.99 (4) (c)]
The proposed rules also modify the requirements for sump pumps in elevator pits, and allow the use of standard-sized equipment to meet a more realistic pumping requirement. [Comm 18.1702 (1)]
Comparison with federal regulations
There are several existing federal regulations that relate to the design, installation or construction, inspection and maintenance and repair of plumbing. Some of these regulations require compliance with the 2006 editions of the International Plumbing Code (IPC), a national model code developed by the International Code Council (ICC), and the Uniform Plumbing Code (UPC), a national model code developed by the International Association of Plumbing and Mechanical Officials.
An Internet-based search of the United States Code (USC) found the following existing federal rules that impact plumbing. The Wisconsin Uniform Plumbing Code reflects the requirements currently contained in these federal laws.
•
USC Title 24, Volume 5, Chapter XX, Part 3289, Subpart G – The Manufactured Home Construction and Safety Standards revises the plumbing materials, fixtures and equipment installed within or on manufactured homes as of April 1, 2009.
•
USC Title 40, Volume 22, Chapter I, Part 141 – The National Primary Drinking Water Regulations established primary drinking water regulations pursuant toe section 1412 of the Public Health Service Act, as amended by the Safe Drinking Water Act. Regulated by the Environment Protection Agency (EPA), the regulations were revised July 1, 2009, and are applicable to public water systems. Subpart I established monitoring requirements for lead and copper in tap water.
•
Assembly Bill No. 1953, Chapter
853 – The Lead Solder, Pipe and Flux Law expands Section 116875 of the Health and Safety Code as contained in USC Title 42, Chapter
6A, Subchapter XII, Part B, Section 300g-6 relating to lead plumbing to include any pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption. The law, which became effective January 1, 2010, passed both the Assembly and the Senate in 2006 and also revises the term “lead free."
•
USC Title 42, Chapter
6A, Subchapter XII, Part F, Section 300j-24 – Lead contamination in school drinking water outlines the testing protocol for lead contamination in drinking water from coolers and other sources at educational agencies, private nonprofit elementary or secondary schools and day care centers. The law became effective in 1999. Currently, legislation is being proposed that would amend this section of the Safe Drinking Water Act.
•
USC Title 33, Chapter
26, Subchapter IV, Section 1342 – National Pollutant Discharge Elimination System (NPDES) established Phase I of the storm water program in 1990. Nine years later, Phase II of the program was signed into law and requires smaller communities to develop and implement a comprehensive storm water management program.
An Internet-based search of the 2008 through 2010 issues of the Federal Register found a proposed rule relating to energy conservation standards for residential water heaters in the December 11, 2009, issue (Vol. 74, No. 237). The U.S. Department of Energy announced a public meeting to receive comments on its proposed amended energy conservation standards.
Comparison with rules in adjacent states
An Internet-based search of the four adjacent states found the following:
Illinois:
The Illinois Department of Public Health administers a state-written uniform plumbing code with exceptions for cities that existed prior to Illinois statehood.
Iowa:
The Iowa Department of Public Health administers the Iowa Uniform Plumbing Code that recently adopted the 2009 edition of the IPC with amendments.
Michigan:
The Michigan Department of Consumer and Industry Services, Bureau of Construction Codes developed the 2003 Michigan Plumbing Code that became effective December 31, 2003. Based on the IPC, the code includes state amendments, and is undergoing its third update and revision in 2010.
Minnesota:
The Minnesota Department of Labor and Industry, Building Codes and Standards Division administers the Minnesota Plumbing Code, a state written uniform code that was revised in 2009.
Summary of factual data and analytical methodologies
The methodology for the proposed revisions of the Wisconsin Uniform Plumbing Code, chapters Comm 81 to 84, which became effective March 1, 2009, includes a review and assessment by staff of code issues that require clarification.
In addition, the review and assessment process involved the participation of the Plumbing Advisory Code Council (PACC). The members of that Council represent the many stakeholders involved in the plumbing industry including designers, inspectors, labor and building contractors. (A listing of the Plumbing Advisory Code Council is provided at the end of this analysis.)
An assessment of the department's resources relating to the review of plumbing plans indicates that the department has the capacity to review more projects at this time. The department estimates that lowering of the threshold from 16 plumbing fixtures to 11 fixtures requiring plan review would result in an average annual revenue increase of $198,000.
The proposal to require continuing education for the renewal of a cross connection control tester license was developed by a special task force and approved by the PACC. Stakeholders from across the state served as members of the CCC task force.
The proposed revision relating to sump pump size in elevator pits comes from the Conveyance Safety Code Council and is endorsed by the PACC and the Wisconsin Chapter of the American Society of Sanitary Engineering. All three organizations concur that the current requirement is excessive, and recommend a more practical sump pump size to accommodate ground water seepage into elevator pits.
Analysis and supporting documents used to determine effect on small business
The department used the Plumbing Advisory Code Council (PACC) to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the codes. Many small businesses belong to the industry associations that sit on the advisory council. A responsibility of council members is to bring forth concerns that their respective organizations may have with the requirements including economic impact. (A list of the members serving on the PACC is provided at the end of this analysis.)
In addition to posting rule development and council activities on the department's web site, the department offers an Email subscription service that is available to all small businesses. This service provides Email notification of council meetings, meeting agendas and council meeting progress reports so small businesses can follow proposed code changes.
The proposed rules relating to plan review and thresholds would have a minimal direct impact on small business. Plan review fees for a plumbing plan project involving 11 to 16 plumbing fixtures will vary on several factors, including the type of fixtures involved and the size of the building drain and water service. The department estimates that a plan submitter of these types of projects may incur fees of $200 to $300.
