Scope Statements
Agriculture, Trade and Consumer Protection
In accordance with
2011 Wisconsin Act 21 (s.
227.135(2), Stats.), this scope statement was approved by the Governor on July 27, 2011 before DATCP took any action in proceeding with this proposed rule, including submission of this scope statement for publication.
Subject
Regulation of Wisconsin's Shellfish Shippers and Processors.
Administrative Code References
Chapter
ATCP 70, Subchapter IV, Wis. Admin. Code (Existing).
Statutory Authority
Preliminary Objectives
This proposed rule change would modify DATCP's food processing plant rule, as it relates to the processing of shellfish (e.g., oysters, clams and scallops). Subchapter IV of chapter ATCP 70 sets certain standards for food safety practices specifically for food processing plants that process fish (which includes shellfish).
Under current rules, food processing plants in Wisconsin that perform fish processing may receive and process shellfish from another state for final sale only within the state. The proposed rule would allow for Wisconsin food processing plant businesses to process and repack shellfish for further shipment to other states.
Policy Analysis
Proposed rule revisions may allow qualifying Wisconsin food processing businesses to participate with 37 other states that are members of the Interstate Shellfish Sanitation Conference (ISSC). The ISSC is the primary voluntary national organization of state shellfish regulatory officials; it provides guidance and counsel on matters for the sanitary control of shellfish.
The ISSC has entered into a memorandum of understanding with the United States Food and Drug Administration (FDA). Together, FDA and state sanitation officials through the ISSC have created a federal/state cooperative program called the National Shellfish Sanitation Program (NSSP), which promotes and improves the sanitation of shellfish moving in interstate commerce through federal/state cooperation and uniformity of state shellfish programs.
The proposed rule would adopt portions of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish (2009), which sets the sanitary control standards for shellfish for human consumption. Wisconsin food processing businesses that met these standards would then be certified to process and ship shellfish (that originally were produced outside the state) in interstate commerce.
Comparison with Federal Regulations
There is no federal law related to the transportation and processing of shellfish. However, FDA publishes the National Shellfish Sanitation Program (NSSP), which contains a model ordinance that states may use to develop uniform shellfish regulations and allow for interstate commerce.
Entities Affected by the Rule
Licensed Wisconsin food processing plants and warehouses.
Policy Alternatives
Do nothing. If DATCP takes no action, there will be no provision to allow state food processing plants to process and repackage shellfish (obtained outside the state) for further processing and shipping into interstate commerce. Current rules allow Wisconsin (a shellfish non-producing state) to receive shellfish and then sell them at retail only within Wisconsin borders.
Statutory Alternatives
None at this time.
Estimate of Time Needed to Develop the Rule
DATCP estimates it will use the equivalent of .1 FTE staff to revise this rule. This anticipates an 18month period for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
DATCP Board Authorization
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. Before DATCP holds public hearings on this rule, the department must prepare an economic impact analysis and the Board must approve the hearing draft. The Governor and the Board must also approve the final draft rule before the rule can be adopted.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # FR-18-11)
This statement of scope was approved by the governor on July 14, 2011.
Subject
Revision of Chapter
NR 46, Wis. Admin. Code relating to the administration of the Managed Forest Law (MFL) Program.
Objective of the Rule
Revision of NR 46 provisions related to administration of the MFL program is being requested to (1) streamline processing of MFL entries, transfers, and withdrawals, (2) increase efficiencies and reduce staff time, (3) provide greater flexibility in meeting landowner and program goals, and (4) meet addition needs and desires of the public.
The Division of Forestry is working through its Strategic Direction and must find enough efficiency in administering all of its programs in order to adequately provide service to Wisconsin's citizens with reduced budgets and personnel. A critical analysis of the administration of the MFL program may help the Division of Forestry to succeed in providing forestry service now and into the future.
Policy Analysis
Wisconsin's Managed Forest Law (MFL) was created in 1986 for the purpose of promoting sound forestry practices on privately owned woodlands. Since 1986 the MFL program has been amended many times to balance the incentive for private landowners to enroll in MFL program with the public willingness to support it. The sum of these changes had made the MFL program complex and difficult to explain, enter and enforce.
Recent changes to MFL as a result of
2009 Wisconsin Act 365 have made many improvements to streamlining the administration of the MFL program. Additional streamlining changes are needed to continue reducing customer approval time and DNR and cooperating foresters' time in review and establishment of management practices. Changes may also allow for greater flexibility in meeting landowner goals and program requirements.
Statutory Authority
Statutory authority for creation of this new rule can be found in ch.
77, Wis. Stats.
Comparison with Federal Regulations
There are no existing or proposed federal regulations to compare with Wisconsin's Managed Forest Law or Forest Crop Law programs.
Entities Affected by the Rule
DNR Forestry personnel, cooperating foresters, certified plan writers, Wisconsin Woodland Owner's Association, Wisconsin Wildlife Federation, forest industries and loggers, Wisconsin Counties Association, Wisconsin Towns Association, and Wisconsin Treasurers Association are some of the groups that will be impacted or interested in changes to NR 46.
Estimate of Time Needed to Develop the Rule
The department estimates that approximately 200 hours of existing staff time will be needed to develop this rule. The time includes meeting with department staff and partners to collect information on streamlining measures, drafting the rule, taking the rule to statewide public hearing, preparation for meetings with the Natural Resources Board, legislative review, and rule adoption.
Agency Contact
Kathy Nelson
Forest Tax Policy Chief
Wisconsin Department of Natural Resources
101 S. Webster Street
P.O. Box 7921
Madison, WI 53707-7921
