Tuesday 809 West Clairmont Ave.
1:00 p.m. to 4:00 p.m. EAU CLAIRE, WI
July 30, 1997 Ramada Inn
Wednesday 200 North Perkins St.
1:00 p.m. to 4:00 p.m. APPLETON, WI
July 31, 1997 Board Room
Thursday WDATCP
1:00 p.m. to 4:00 p.m. 2811 Agriculture Dr.
MADISON, WI
Written Comments
The public is invited to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until August 15, 1997 for additional written comments.
Copies of Rule
A copy of this rule may be obtained, free of charge, from:
Agricultural Resource Management Division
Telephone (608) 224-4539
Wis. Dept. of Agriculture, Trade & Consumer Protection
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
Copies will also be available at the public hearings.
An interpreter for the hearing-impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by July 18, 1997 either by writing to Kristina Gordon, 2811 Agriculture Drive, Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4537 or by contacting the message relay system (TTY) at (608) 224-5058. Handicap access is available at the hearings.
Analysis by the Dept. of Agriculture, Trade & Consumer Protection
This rule amends the Department's current rules related to commercial feed under ch. ATCP 42, Wis. Adm. Code.
Commercial Feed Labeling; General:
The current rules establish specific labeling requirements for commercial feed, including label contents and format. Under the current rules, commercial feed other than “custom-mixed feed” and dog and cat food must be labeled with all of the following information:
q The product name.
q Drug information if the feed contains any drug.
q A statement of purpose.
q A guaranteed analysis.
q An ingredient statement.
q Use directions and precautionary statements, if required.
q The name and address of the manufacturer or distributor.
q A declaration of net quantity.
“Custom-Mixed Feed”:
The current rules spell out different and less rigorous labeling requirements for “custom-mixed feed.” Under the current rules, a “custom-mixed feed” is a commercial feed which a manufacturer prepares at the request of a retail purchaser according to a formula provided by the retail purchaser. This rule expands the definition of “custom-mixed feed” so that it also includes commercial feed made from ingredients provided, in significant part, by the retail purchaser.
“Mill Formulated Feed”:
Under the current rules, a “mill formulated feed” means a commercial feed manufactured, on an individual basis, according to a formula provided by the feed manufacturer or labeler for the customer of that feed manufacturer or labeler. A “labeler” includes a person, other than the final retail purchaser, who retains proprietary rights to the feed formula.
Under the current rules, “mill formulated” feed must comply with general feed labeling requirements, and may not be labeled according to the less rigorous labeling standards for “custom-mixed” feed. Under this rule, a “mill formulated” feed may be labeled in the same manner as a “custom-mixed” feed unless the purchaser requests otherwise.
Bulk Feed Labeling:
Under current rules, packaged commercial feed must be labeled on the feed package. If commercial feed is sold in bulk rather than packaged form, label information may be provided on a delivery slip that accompanies the bulk delivery. This rule clarifies that when bulk deliveries of commercial feed are bagged at retail at the request of the purchaser, label information need not appear on the individual bags if each bag is clearly identified as part of a bulk delivery for which a bulk delivery slip is provided. If the bulk commercial feed contains one or more drug, the identification on each bag shall include the word “medicated.”
Fiscal Estimate
State government:
The rule will be administered by the Agricultural Resource Management Division of the Department of Agriculture, Trade and Consumer Protection. The Department anticipates no fiscal effect on state or local governments.
The proposed rule requires labeling changes which will require review of new labels by Department staff; however, labels are already reviewed periodically.
Initial Regulatory Flexibility Analysis
(See pages 16-17 of the June 30, 1997 Wis. Adm. Register.)
Notice of Hearing
Commerce
(Fee Schedule, Ch. Comm 2
Credentials, Ch. Comm 5
Elevators, Ch. Comm 18)
Notice is given pursuant to ss. 101.02, 101.12 and 101.17, Stats., the Department of Commerce proposes to hold a public haring to consider the revision of chs. Comm 2, 5 and 18, Wis. Adm. Code, relating to inspection of elevator's and mechanical lifting devices.
Hearing Information
July 29, 1997 Madison
Tuesday Room 103 Conf. Room
10:00 a.m. GEF #1, State Office Bldg.
201 E. Washington Ave.
A copy of the rules to be considered may be obtained from the Department of Commerce, Division of Safety and Buildings, P.O. Box 7969, Madison, Wisconsin 53707, by calling Margaret Slusser at (608) 261-6546/voice or (608) 264-8777/TTY, or at the appointed times and places the hearings are held.
Interested persons are invited to appear at the hearings and will be afforded the opportunity of making an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from persons unable to attend the public hearings, or who wish to supplement testimony offered at the hearings, may be submitted no later than August 15, 1997, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Diane Meredith at the address noted above. Written comments will be given the same consideration as testimony presented at the hearings. Persons submitting comments will not receive individual responses.
These hearings are held in accessible facilities. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call Diane Meredith at (608) 266-8982/voice 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 on request by a person with a disability.
Analysis of Proposed Rules
Statutory Authority: ss. 101.02, 101.12 and 101.17
Statutes Interpreted: ss. 101.02, 101.12 and 101.17
The purpose of chapter Comm 18, Elevator Code, is to protect the safety of the general public and employes using elevators and other mechanical lifting devices in public buildings and places of employment.
The following proposed changes are necessary to ensure that elevators and mechanical lifting devices are installed in accordance with the elevator code and are safe for people to use.
1. Amend chapters Comm 5, Credentials Code, and Comm 18, Elevator Code, to allow a person with proof of certification as an American Society of Mechanical Engineers (ASME) Qualified Elevator Inspector.
2. Amend fees as specified in chapter Comm 2, Fee Schedule, to match Department expenses. Plan review fees and certificate of operation fees specified in chapter Comm 2 will be reduced. Inspection fees will be raised.
Due to the increased number of elevators and mechanical lifting devices installed in new construction, the Department has not been able to keep up with all of its required inspections. To ensure that the citizens of Wisconsin are safe when using elevators and other mechanical lifting devices, the Department is adopting these rules as permanent rules to replace the emergency rules which took effect on June 1, 1997.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter ILHR 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Small architectural, engineering and small elevator manufacturing and supply firms will be affected by the proposed rules. If a small business operator is remodeling or altering an existing building or constructing a new building with an elevator or other mechanical lifting device, the elevator and mechanical lifting device will be inspected in accordance with the proposed rules.
Small elevator inspection firms may be affected by these rules, if they contract with the Department to perform elevator inspections.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Individuals who perform elevator inspections for the Department must follow Department procedures for completing and filing of the inspection reports and invoicing for work performed.
3. Types of professional skills necessary for compliance with the rules.
Individuals who will perform the inspections must be certified by the Department. An owner of a small business will not require any special skills.
Fiscal Estimate
The Division of Safety and Buildings has a backlog in elevator inspections of 7,490. New elevators continue to be installed at the rate of about 600 per year. Inspecting a new elevator takes from two to three times longer than an annual inspection. Assuming that 1.0 FTE inspector can manage about 900 elevators and few elevators are decommissioned, the additional units translate into an 0.67 FTE workload increase annually. Due to the increased complexity of elevator installations, the elevator inspection staff have been spending much of their time inspecting new elevators, while not conducting annual inspections, which results in a greater backlog. There are approximately 13,500 elevators that are required to be inspected annually. In FY `96, 6,000 elevators were inspected. The number of elevators inspected in FY `96 was low due to the extended illness of an employe and two unfilled vacancies.
The Division currently has 80 inspectors and 11 staff people providing support functions for its various inspection programs. The Department proposes to increase its fees to fund 7 additional inspectors to perform annual elevator inspections and 1 additional program support position. The projected annual cost for the 8 additional FTEs will be $538,100.
The elevator inspection revenue for FY `96 was $352,500 for 9 FTE elevator inspector positions. With the proposed changes, the projected revenue for 16 FTE elevator inspector positions and the additional program support position will be $872,700, an increase of $520,200 over FY' 96.
Notice of Hearing
