Wisconsin
Administrative
Register
No. 521
Publication Date: May 14, 1999
Effective Date: May 15, 1999
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
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Pages 5 to 16.
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Agriculture, Trade and Consumer Protection:
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Rules relating to grade standards for Colby and Monterey Jack cheese.
Rules relating to fish farms and imports of live fish and fish eggs.
Rule adopted amending s. ATCP 60.19 (3) and (4), relating to drug residues in raw milk. [FIRST APPEARANCE]
Rules adopted revising s. ATCP 100.45, relating to security of dairy plant payments to milk producers. [FIRST APPEARANCE]
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Commerce:
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Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to storage tanks.
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Commerce:
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PECFA Interagency Responsibilities, Ch. Comm 46
Rules relating to interagency responsibilities with PECFA.
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Commerce:
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Rental Unit Energy Efficiency, Ch. Comm 67
Rules relating to rental unit energy efficiency.
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Commerce:
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Resources for Communities, etc., Chs. Comm 105-128
Rules relating to volume cap on tax-exempt private activity bonds.
Rules relating to the Wisconsin Development Zone Program.
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Corrections:
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Rules relating to search and seizure of probationers and parolees.
Rules relating to absconders.
Rules relating to chemical castration of child sex offenders.
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Emergency Response Board:
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Rule adopted relating to reporting requirements for fuel present at 10,000 pounds or more at gas stations.
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Financial Institutions:
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Banking
Rules relating to mortgage banking.
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Financial Institutions:
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Securities
Rules relating to alternative accounting guidelines.
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Health & Family Services:
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Management & Technology, etc., Chs. HFS 1-
Rules relating to reporting and investigating caregiver misconduct.
Rules relating to caregiver background checks.
Rules relating to criminal background checks.
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Health & Family Services:
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Community Services, Chs. HSS/HFS 30-
See emergency rules relating to ch. DWD 55.
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Health & Family Services:
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Health, Chs. HSS/HFS 110-
Rules relating to the Health Insurance Risk-Sharing Plan.
Rules adopted relating to neonatal intensive care training grants.
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Insurance, Commissioner of:
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Rules relating to delaying effective date for NAIC valuation of life insurance policies.
Rules adopted relating to guarantee issue eligibility for Medicare Supplement insurance.
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Natural Resources:
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See also emergency rules relating to Comm 46.
Fish, Game, etc., Chs. NR 1-
Rules relating to sport fishing for yellow perch in Sauk creek.
Rules relating to special closure of sturgeon spearing season.
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Natural Resources:
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Environmental Protection-Water Regulation,
Chs. NR 300-
Rules adopted creating ch. NR 303, relating to determination of navigability in farm ditches. [FIRST APPEARANCE]
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Public Instruction:
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Rule adopted relating to alternative teaching permits.
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Public Service Commission:
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Rules relating to small generating plants.
Rules adopted creating ch. PSC 186, relating to standards for water and sewer service in mobile home parks. [FIRST APPEARANCE]
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Regulation & Licensing:
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Rules relating to regulation of home inspectors.
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Revenue:
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Rule adopted relating to the sales and use tax treatment of machinery and equipment used in waste reduction and recycling activities.
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Workforce Development:
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Economic Support, Chs. DWD 11 to 59
Rules relating to background checks for day care providers.
Rules relating to criminal record background checks in day care.
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Workforce Development:
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Prevailing Wage Rates, Chs. DWD 290 to 294
Rules relating to annual adjustment of estimated project costs.
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Scope Statements.
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Pages 17 to 18.
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Barbering and Cosmetology Examining Board:
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BC Code - Relating to crediting salon visits as theory hours.
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Natural Resources:
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Environmental Protection--General, Chs. NR 100--
Environmental Protection--Water Supply, Chs. NR 800--
Chs. NR 114 and 809 - Relating to public water system capacity development, public notification requirements and operator certification.
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Regulation and Licensing:
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Real Estate Board
RL Code - Relating to licensing and practice of real estate brokers and sales persons.
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Workforce Development:
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SS. DWD 301.01 to 301.07 - Relating to migrant labor.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Page 19.
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Agriculture, Trade and Consumer Protection:
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Ch. ATCP 60 - Relating to drug residues in raw milk.
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Agriculture, Trade and Consumer Protection:
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Ch. ATCP 77 - Relating to certification of laboratories engaged in public health testing of milk, water and food.
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Public Instruction:
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Ch. PI 19 - Relating to the school age parent program.
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Revenue:
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S. Tax 11.51 - Relating to taxable and exempt sales by grocers.
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Notices of Hearings or of Proposed Rules.
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Pages 20 to 26.
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Agriculture, Trade & Consumer Protection:
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Hearing to consider an emergency rule amending ch. ATCP 100, relating to dairy plant security.
Hearings to consider revision fo ch. ATCP 160, relating to county and district fairs.
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Revenue:
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Proposed creation of s. Tax 1.12, relating to electronic funds transfer.
Proposed revision of ch. Tax 11, relating to governmental units, meals, food products and beverages and transportation charges.
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Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
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Page 27.
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Agriculture, Trade and Consumer Protection:
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Chiropractic Examining Board:
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( CR 98-192) - Chs. Chir 1 to 4 and 7 and ss. Chir 6.02
and 9.04
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Wisconsin Emergency Management:
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Financial Institutions--Banking:
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Financial Institutions--Banking:
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Financial Institutions--Banking:
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Funeral Directors Examining Board:
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Health and Family Services:
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( CR 99-4) - SS. HFS 119.07 and 119.15
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Health and Family Services:
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Hearings and Appeals, Division of:
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Public Service Commission:
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Regulation and Licensing:
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Transportation:
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Transportation:
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( CR 99-49) - SS. Trans 276.07 and 276.09
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 28.
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Agriculture, Trade and Consumer Protection:
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Agriculture, Trade and Consumer Protection:
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Agriculture, Trade and Consumer Protection:
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Agriculture, Trade and Consumer Protection:
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( CR 98-182) - SS. ATCP 81.50, 81.51 and 81.52
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Health and Family Services:
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Natural Resources:
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Psychology Examining Board:
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Veterans Affairs:
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Veterans Affairs:
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Workforce Development:
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E m e r g e n c y R u l e s N o w I n E f f e c t
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
EMERGENCY RULES NOW IN EFFECT (4)
Agriculture, Trade & Consumer Protection
1. 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
Extension Through:
May 3, 1999
2. Rules were adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish.
Finding of Emergency
(1) This emergency rule implements s. 95.60, Stats., which was created by 1997 Wis. Act 27.
(2) Under s. 95.60, Stats., a person who operates a fish farm must register annually with the Wisconsin department of agriculture, trade and consumer protection (DATCP). A person who imports live fish or fish eggs into Wisconsin must meet fish health requirements and obtain an import permit from DATCP. DATCP must establish registration and import permit standards by rule.
(3) On December 9, 1998, the Board of Agriculture, Trade and Consumer Protection (DATCP Board) approved final draft “permanent” rules to implement s. 95.60, Stats. Among other things, the rules establish fish farm registration standards and fish import standards. Before DATCP may adopt these final draft “permanent” rules, it must submit them for legislative committee review under s. 227.19, Stats. DATCP must then adopt and file the rules under s. 227.20, Stats., and publish them under s. 227.21, Stats. As a result, the final draft “permanent” rules will not take effect for several months.
(4) Current fish farm registration certificates will expire on December 31, 1998, before the final draft “permanent” rules take effect. The department must adopt a temporary emergency rule so it can process registration renewals pending the effective date of the final draft “permanent” rules. This emergency rule adopts, on a temporary basis, registration provisions contained in the department's proposed final draft “permanent” rules.
(5) This emergency rule also adopts, on a temporary basis, rules to prevent imports of diseased live fish and fish eggs that threaten the health of fish in Wisconsin fish farms and the Wisconsin natural environment. These temporary import requirements are based on requirements previously administered by the Wisconsin department of natural resources (DNR). The final draft “permanent” rules, when adopted, will expand upon these interim requirements.
(6) This emergency rule is needed to protect the public peace, health safety and welfare. Without this rule, DATCP would not be able to process fish farm registrations for 1999, or issue permits for live fish imports. Without the protections afforded by this emergency rule, Wisconsin fish farms and wild fisheries would also be exposed to an unnecessary risk of disease.
Publication Date:
December 28, 1998
Effective Date:
December 28, 1998
Expiration Date:
May 27,1999
Hearing Date:
February 3, 1999
3. Rules were adopted amending s. ATCP 60.19 (3) and (4), relating to drug residues in raw milk.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that the following emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
(1) Milk from Wisconsin dairy farms may not contain drug residues. Current rules under ch. ATCP 60, Wis. Adm. Code, require every dairy plant operator to perform a drug residue screening test on every bulk load of raw milk received by that operator. If the bulk load tests positive for any drug residue, the operator must test a milk sample from each producer milk shipment included in that bulk load. Current rules do not require a dairy plant operator to perform a confirmatory test if a producer sample tests positive on an initial test.
(2) If a producer sample tests positive for drug residue, the dairy plant operator may hold that producer financially responsible for contaminating the bulk load. In some cases, the cost of a contaminated tanker load of milk may be $5,000 or more. The department may also take enforcement action against the milk producer. Enforcement may result in financial penalties or suspension of the milk producer's license.
(3) In several enforcement actions, producers have argued that dairy plant drug residue tests were inaccurate. Producers claimed that there was no confirmatory testing, and no opportunity to confirm the accuracy of the dairy plant operator's test findings. Inaccurate findings may unfairly penalize affected producers, and result in severe financial losses to those producers. The lack of a confirmatory test aggravates conflicts between dairy plant operators and milk producers.
(4) Confirmatory testing of test-positive producer samples would provide greater assurance of fairness for milk producers, and would help avoid conflicts between dairy plant operators and producers. Dairy plant operators can perform confirmatory tests at reasonable cost. An emergency rule requiring confirmatory testing of producer samples is necessary to protect milk producers, and to promote the efficient operation and economic well-being of Wisconsin's dairy industry.
(5) Confirmatory testing of test-positive producer samples will enhance, and not reduce, the safety of Wisconsin milk supplies. Dairy plant operators will still be required to test bulk tanker loads of milk, and dispose of tanker loads that test positive for drug residues.
(6) This emergency rule will strengthen public health protection by requiring dairy plant operators to dispose of contaminated loads, or denature contaminated loads before transferring them to the custody of another person. Denaturing ensures that persons receiving custody of contaminated loads will not redirect them to human food use.
(7) Pending the adoption of rules according to normal administrative rulemaking procedures, it is necessary to adopt this emergency rule to do both of the following:
(a) Protect the public milk supply against drug residue contamination by assuring proper disposal of contaminated milk.
(b) Provide additional assurance that milk producers will not be subjected to serious penalties or financial losses based on inaccurate drug residue tests.
Publication Date:
April 30, 1999
Effective Date:
April 30, 1999
Expiration Date:
September 27, 1999
4. Rules adopted revising s. ATCP 10.45, relating to security of dairy plant payments to milk producers.
Finding of Emergency
(1) Section 100.06, Stats., is designed to provide “reasonable assurance” that dairy farmers will be paid for the milk they produce. Under ss. 97.20(2)(d)2. and l00.06, Stats., a dairy plant must, as a condition to licensing, comply with applicable security requirements under s. 100.06, Stats., and department rules under ch. ATCP 100, Wis. Adm. Code. Since dairy plant licenses expire on April 30 annually, dairy plants must comply with applicable security requirements in order to qualify for license renewal on May 1 of each year.
(2) Under s. 100.06, Stats., and ch. ATCP 100, a dairy plant operator who purchases milk from producers must do one of the following:
(a) File with the department of agriculture, trade and consumer protection (“department”) audited financial statements which show that the operator meets minimum financial standards established by s. 100.06, Stats.
(b) File security with the department in an amount equal to at least 75% of the operator's ”maximum liability to producers,” as calculated under s. ATCP 100.45(5).
(c) Enter into a dairy plant trusteeship under ch. ATCP 100, Subch. V.
