This rule prohibits any person from importing into this state, without a permit from DATCP, live fish or fish eggs for any of the following purposes:
⋅ ⋅Introducing them into the waters of the state.
⋅ ⋅Selling them as bait, or for resale as bait.
⋅ ⋅Rearing them at a fish farm, or selling them for rearing at a fish farm.
A copy of the import permit must accompany every import shipment. An import permit may authorize multiple import shipments. There is no fee for an import permit. A person importing a non-native species of fish or fish eggs must also obtain a permit from the department of natural resources.
Import Permit Contents
An import permit must specify all of the following:
⋅ ⋅The expiration date of the import permit. An import permit expires on December 31 of the year in which it is issued, unless DATCP specifies an earlier expiration date.
⋅ ⋅The name, address and telephone number of the permit holder who is authorized to import fish or fish eggs under the permit.
⋅ ⋅The number of each fish farm registration certificate, if any, held by the importer.
⋅ ⋅Each species of fish or fish eggs which the importer is authorized to import under the permit.
⋅ ⋅The number and size of fish of each species, and the number of fish eggs of each species, that the importer may import under the permit.
⋅ ⋅The purpose for which the fish or fish eggs are being imported.
⋅ ⋅The name, address and telephone number of every source from which the importer may import fish or fish eggs under the permit.
⋅ ⋅The name, address, telephone number, and fish farm registration number if applicable, of each person in this state who may receive an import shipment under the permit if the person receiving the import shipment is not the importer.
Applying for an Import Permit
A person seeking an import permit must apply on a form provided by DATCP. The application must include all of the following:
⋅ ⋅All of the information which must be included in the permit (see above).
⋅ ⋅A health certificate for each source from which the applicant proposes to import fish or fish eggs of the family salmonidae.
DATCP must grant or deny a permit application within 30 days after it receives a complete application and, in the case of non-native fish DNR approval.
Denying, Suspending or Revoking an Import Permit
DATCP may deny, suspend or revoke an import permit for cause, including any of the following:
⋅ ⋅Violating applicable statutes or rules.
⋅ ⋅Violating the terms of the import permit, or exceeding the import authorization granted by the permit.
⋅ ⋅Preventing a department employe from performing his or her official duties, or interfering with the lawful performance of his or her duties.
⋅ ⋅Physically assaulting a department employe while the employe is performing his or her official duties.
⋅ ⋅Refusing or failing, without just cause, to produce records or respond to a department subpoena.
Import Records
A person importing fish or fish eggs must keep all of the following records related to each import shipment, and must make the records available to the department for inspection and copying upon request:
⋅ ⋅The date of the import shipment.
⋅ ⋅The name, address and telephone number of the source from which the import shipment originated.
⋅ ⋅The name, address, telephone number, and fish farm registration number if applicable of the person receiving the import shipment, if the person receiving the import shipment is not the importer.
⋅ ⋅The location at which the import shipment was received in this state.
⋅ ⋅The size, quantity and species of fish or fish eggs included in the import shipment.
Salmonidae Import Sources; Health Certificates
DATCP may not issue a permit authorizing any person to import fish or fish eggs of the family salmonidae (including trout, salmon, grayling, char, Dolly Vardon, whitefish, cisco or inconnu) unless a fish inspector or an accredited veterinarian certifies, not earlier than January 1 of the year preceding the year in which the applicant applies for the permit, that the fish and fish eggs from the import source were determined to be free of all of the following diseases:
⋅ ⋅Infectious hematopoietic necrosis.
⋅ ⋅Viral hemorrhagic septicemia.
⋅ ⋅Whirling disease, except that eggs from wild stocks need not be certified free of whirling disease.
⋅ ⋅Enteric redmouth.
⋅ ⋅Ceratomyxosis.
A fish inspector issuing a health certificate must be a fish biologist who is certified, by the American Fisheries Society or the state of origin as being competent to perform health inspections of fish.
The accredited veterinarian or fish inspector must issue a health certificate in the state of origin, based on a personal inspection of the fish farm from which the import shipment originates. In the inspection, an accredited veterinarian or a fish inspector must examine a random statistical sample of fish drawn from each lot on the fish farm. From each lot, the veterinarian or inspector must examine a number of fish which is adequate to discover, at the 95% confidence level, any disease that has infected 5% of the lot.
Publication Date:
March 16, 1998
Effective Date:
March 16, 1998
Expiration Date:
See section 9104 (3xr) 1997 Wis. Act 27
Hearing Date:
April 27, 1998
3. Rules adopted amending s. ATCP 75.015 (7)(c), relating to the retail food establishment license exemption for restaurant permit holders.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) currently licenses and inspects retail food stores (grocery stores, convenience stores, bakeries, delicatessens, etc.) under s. 97.30, Stats., and ch. ATCP 75, Wis. Adm. Code.
The state of Wisconsin department of health and family services (DHFS) currently licenses (permits) and inspects restaurants under subch. VII of ch. 254, Stats., and ch. HFS 196, Wis. Adm. Code.
Recently, many retail food stores have added restaurant operations, and vice versa.
Under current rules, a person who operates a food store and restaurant at the same location may be subject to duplicate regulation by DATCP and DHFS. The operator may be subject to duplicate licensing, duplicate license fee payments, and duplicate inspection based on different (and sometimes inconsistent) rules.
The current duplication is unnecessary, confusing, and wasteful of public and private resources. This temporary emergency rule is needed to eliminate duplication, and protect public welfare, during the food store license year that begins on July 1, 1998. DATCP also plans to adopt a permanent rule according to normal rulemaking procedures under ch. 227, Stats.
This emergency rule applies to food store licenses issued by DATCP, but does not apply to food store licenses issued by agent cities and counties under s. 97.41, Stats. DATCP plans to adopt permanent rules for all food store licenses, whether issued by DATCP or by agent cities or counties, effective July 1, 1999.
Publication Date:
July 1, 1998
Effective Date:
July 1, 1998
Expiration Date:
November 28, 1998
4. Rules adopted amending ss. ATCP 81.50 (2), 81.51 (2), and 81.52 (2), relating to grade standards for colby and monterey (jack) cheese.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that an emergency rule is necessary for economic reasons to protect the public welfare of the citizens of Wisconsin. The facts constituting the emergency are as follows:
(1) DATCP has adopted standards for grades of cheese manufactured and sold in Wisconsin under s. 97.177, Stats., and ch. ATCP 81, Wis. Adm. Code. Any cheese which carries a state grade mark must conform to the standards and characteristics of the labeled grade.
(2) Under current rules, colby and monterey (jack) cheese must contain numerous mechanical openings in order to be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand).
(3) Changes in cheese manufacturing technology, packaging and equipment have made it extremely difficult for many processors and packagers to achieve the numerous mechanical openings or open body character required by these top two grade categories. A majority of today's wholesale buyers and packagers prefer a closed body cheese for a variety of reasons, including ease of shredding and the ability to package “exact-weight” pieces with minimal variation and waste.
(4) Currently, a closed body cheese may be labeled or sold as Wisconsin grade B or “not graded.” It cannot be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand), nor can it command the premium price associated with these top two grade categories.
(5) Wisconsin is the only state with its own grade standards for colby and monterey (jack) cheese. The United States Department of Agriculture modified its grade standards for colby and monterey jack cheese in 1995 and 1996, respectively, in response to industry requests to allow an open or closed body. Buyers who cannot obtain the desired graded product in Wisconsin will likely switch to suppliers from other states. Once customers are lost they are difficult to regain.
(6) Wisconsin's dairy industry plays a major role in our state's economy. Approximately $3 billion or 90% of Wisconsin's milk production goes into the manufacture of cheese. Lost business revenues harm the dairy industry, cause increased unemployment, and have a negative impact on the state's economy.
(7) Pending the adoption of rules according to the normal administrative rulemaking procedures, it is necessary to adopt emergency rules under s. 227.24, Stats. to protect the public welfare based on an economic emergency for the state's dairy industry and the subsequent impact on the general economy and citizens of this state.
Publication Date:
August 8, 1998
Effective Date:
August 8, 1998
Expiration Date:
January 4, 1999
Hearing Date:
September 14, 1998
EMERGENCY RULES NOW IN EFFECT
Commerce
(Petroleum Environmental Cleanup Fund,
Ch. ILHR 47)
Rules adopted revising ch. ILHR 47, relating to the petroleum environmental cleanup fund.
Finding of Emergency and Rule Analysis
The Department of Commerce finds that an emergency exists and that adoption of a rule is necessary for the immediate preservation of public health, safety and welfare.
The facts constituting the emergency are as follows. Under ss. 101.143 and 101.144, Stats., the Department protects public health, safety, and welfare by promulgating rules for and administering the Petroleum Environmental Cleanup Fund (PECFA fund). The purpose of the fund is to reimburse property owners for eligible costs incurred because of a petroleum product discharge from a storage system or home oil tank system. Claims made against the PECFA fund are currently averaging over $15,000,000 per month. Approximately $7,500,000 per month is allotted to the fund for the payment of claims. The fund currently has a backlog of $250,000,000 representing almost a 30-month backlog of payments to be made to claimants. Immediate cost saving measures must be implemented to mitigate this problem.
The rules make the following changes to manage and reduce remediation costs:
Administrative Elements.
These changes include updating the scope and coverage of the rules to match current statutes, clarifying decision making for remedial action approvals and providing new direction to owners, operators and consulting firms.
Progress Payments.
Progress payments are proposed to be reduced for some owners and sites. The criteria that trigger payments will now also be based on outcomes. The timing of payments from the fund is designed to benefit those that get sites successfully remediated and to create incentives for the use of the flexible closure tools and natural attenuation tools that were created by the Department of Natural Resources. Applications submitted before the effective date of the new rules would still be subject to the current rules.
Remedial Alternative Selection.
These provisions would create two different paths for funding for sites. Through the use of a group of environmental factors, the risk of a site will be determined. Active treatment systems that use mechanical, engineered or chemical approaches would not be approved for a site without one or more environmental factor present. Approved treatments for sites without environmental factors would be limited to non-active approaches, excavation, remediation by natural attenuation and monitoring of the contamination. The five environmental factors are:
· A documented expansion of plume margin;
· A verified contaminant concentration in a private or public potable well that exceeds the preventive action limit established under ch. 160;
· Soil contamination within bedrock or within 1 meter of bedrock;
