An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by December 2, 1999 either by writing to Debbie Mazanec, Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, PO Box 8911, Madison, WI 53708-8911, (608-224-4712), or by contacting the message relay system (TTY) at 608-224-5058. Handicap access is available at the hearing locations.
Hearing Information
Three (3) hearings are scheduled. The hearings will be held simultaneously by video conferencing at the following locations on Thursday, December 9, 1999, from 1:00 p.m. – 3:00 p.m.
Wis. Dept. of Agriculture, Trade & Consumer Protection
Room 472
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible
State of Wisconsin Office Building
Room 618
200 North Jefferson St.
Green Bay, WI 54301
Handicapped accessible
State of Wisconsin Office Building
Room 139
718 West Clairemont Ave.
Eau Claire, WI 54701
Handicapped accessible
Analysis Prepared by the Dept. of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07 (1), 97.09 (4) and 97.177 (4)
Statute interpreted: s. 97.177
The Department of Agriculture, Trade and Consumer Protection (DATCP) regulates the grading, packaging and labeling of cheese in this state. This rule modifies current rules related to cheese grading, packaging and labeling. The current rules are contained in ch. ATCP 81, Wis. Adm. Code.
Wisconsin Cheese; Manufacturer's Label
Under current rules, a cheese manufacturer must label all bulk cheese with the name of the cheese, state identification, dairy plant identification, vat identification and date of manufacture. The labeling must remain on the bulk cheese until the cheese is used in the manufacture or processing of another food, or until the cheese is relabeled by a buyer who cuts and repackages the bulk cheese into consumer size packages.
This rule permits a cheese manufacturer to use electronic code labeling to display any or all of the required bulk cheese label information. Conventional labeling (not just electronic code labeling) must appear on all bulk cheese that leaves the manufacturer's custody and control. If a cheese manufacturer uses electronic code labeling, the manufacturer must provide a scanner or other device that enables a DATCP employee or agent to decode the information into a readable format at the place where the manufacturer keeps the cheese.
Under current rules, the bulk cheese label must disclose the month, date and year of manufacture. Under this rule, the labeler may abbreviate the date of manufacture using an alphanumeric or all numeric format. The abbreviation shall clearly identify the month, date and year, or a Julian calendar date consisting of a 2-digit designation for the year of manufacture followed by a 3-digit Julian date. A Julian calendar date is the numerical designation for a specified day of the year using consecutive numbers between “001" for January 1 and “365" for December 31.
Cheese from other States or Countries; Wisconsin Grade Labeling Prohibited
Under current rules, cheese from other states or countries may be identified with a Wisconsin grade mark or grade label if it is graded by a Wisconsin licensed cheese grader and labeled to identify the state or country of origin. This rule prohibits the use of Wisconsin grade labeling on cheese originating from other states or countries, even if that cheese is graded by a Wisconsin licensed grader.
Age Labeling of Cheese
Under current rules, if a manufacturer labels cheese as “aged" or “cured," the manufacturer's label must also disclose the minimum length of time that the cheese has been aged or cured. This rule applies the same requirement to any cheese (including retail cheese packages) labeled “aged" or “cured," regardless of who labeled that cheese.
Grade Labeling Retail Cheese Packages
Under current rules, DATCP may authorize a licensed food processing plant or retail food establishment to grade label retail packages of cheese. This rule clarifies that a licensed dairy plant may also cut, wrap and grade label cheese for retail distribution. A Wisconsin licensed cheese grader must grade the cheese, and the grade labeling must comply with applicable DATCP rules.
Swiss Cheese
This rule eliminates current weight and size requirements for rindless blocks of Swiss cheese. This change will give Wisconsin manufacturers greater flexibility to meet customers' demands. The Food Safety Task Force subcommittee recommended this change.
Recordkeeping
Under current rules, a licensed cheese grader must keep records showing the name of each person for whom cheese is graded, the quantity graded, the grading date, and the grade of each graded lot. This rule also requires the grader to keep fat and moisture records for each lot of cheese if the fat or moisture content is measured.
Fiscal Estimate
Assumptions Used in Arriving at Fiscal Estimate
Rules relating to cheese grading, packaging and labeling are contained in ch. ATCP 81, Wis. Adm. Code. These rules prevent fraud and deception, and assist wholesale and retail purchasers of cheese in making informed value comparisons and purchase decisions. Grade standards contained in the rules set the benchmarks for determining cheese quality.
Under current rules, all bulk cheese manufactured in Wisconsin must be labeled at the dairy plant or cheese factory with the name of the cheese, state identification, dairy plant identification, vat identification, and date of manufacture for the cheese. This rule amends ch. ATCP 81 to permit an electronic code labeling method for these items on the manufacturer's label for bulk cheese if a scanner or other appropriate device is provided where the cheese is located that enables an employe or agent of the Department to decode the information into a readable format. The use of electronic code labeling as the exclusive format for any required label information will be limited to cheese while it remains under the custody and control of the manufacturer. However, DATCP is unable to project how widely this method will be used. DATCP anticipates that some additional time will be needed during inspections or investigations to convert the coded information into a readable format for product identification. Currently, DATCP believes that the increased time and costs will be able to be absorbed by the Department.
Under this rule, Wisconsin grade labeling is prohibited on cheese manufactured in other states or foreign countries. Requirements related to age labeling will apply to any cheese label on which a claim is made. Weight and size requirements for Swiss cheese rindless blocks will be eliminated. These and other minor technical changes are not anticipated to have any long-range fiscal effect on the Department.
A one-time cost of approximately $5700 will be incurred by the Department for permanent rule development.
Long - Range Fiscal Implications
A small decrease in efficiency and increase in costs for Department activities are anticipated with the use of electronic code labeling of bulk cheese. However, DATCP believes the increase in costs will be able to be absorbed by the Department if the use of electronic code labeling is limited in scope to bulk cheese while it remains under the custody and control of the manufacturer.
Initial Regulatory Flexibility Analysis
This proposed rule modifies current rules under ch. ATCP 81, Wis. Adm. Code, related to cheese grading, packaging and labeling.
Under this rule, cheese manufacturers will be permitted to use electronic code labeling as an alternative method to list any or all of the items of information required on the manufacturer's label for bulk cheese, as long as the cheese remains under the control and custody of the manufacturer. The decision to label bulk cheese in this manner will be fully voluntary. Coding methods will not be standardized under one uniform system from company to company. Therefore, the manufacturer must provide a scanner or other appropriate device where the cheese is located that enables an employe or agent of the Department to decode the information into a readable format. If the cheese is stored in public warehouse facilities, the warehouse may need to make adjustments in its recordkeeping and warehousing operations.
Bulk cheese must be labeled by the manufacturer with a standard, uncoded label format if the cheese will be sold in bulk form at a later date. Bulk cheese is often sold to other cheese packaging plants, manufacturers of processed or cold pack cheese, retail stores, and restaurants that have a need for product label information in a readily understandable format. Standard formats may also be necessary for interstate shipments to comply with labeling laws in other states.
In this rule, Wisconsin grade labeling is prohibited on cheese manufactured in other states or foreign countries. Protection of the “added value" attributable to Wisconsin grade labels for Wisconsin-made cheese will be expected to enhance the marketshare of our state's dairy industry.
Under this rule, licensed cheese graders must maintain and make available to inspection any records of test results for fat and moisture content of any lot of cheese for which fat and moisture was measured. This rule does not require any additional testing, but simply requires that any results of tests conducted be made available for inspection to help ensure that the cheese meets the applicable standard of identity.
At the request of industry, this rule eliminates the weight and size requirements for Swiss cheese rindless blocks to provide greater flexibility for our manufacturers to meet the demand of their customers. Other rule changes are minor and technical in nature and are not expected to require any additional reporting or recordkeeping, knowledge or professional skills, nor increase costs to small businesses.
Notice of Proposed Rule
Elections Board
Notice is hereby given that pursuant to ss. 5.05 (1) (f), 5.93 and 227.11 (2) (a), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the State of Wisconsin Elections Board will adopt the following rule as proposed in this notice without public hearing unless within 30 days after publication of this notice on November 15, 1999, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis Prepared by the State Elections Board
Statutory authority: ss. 5.05 (1) (f), 5.93 and 227.11 (2) (a)
Statutes interpreted: ss. 11.01 (3), (6), (7) and (16), 11.05, 11.25, 11.29, 11.30 and 11.36
This amended rule interprets ss. 11.01 (3), (6), (7) and (16), 11.05, 11.25, 11.29, 11.30 and 11.36, Stats. The amendment attempts to define more specifically those communications that are considered to be express advocacy subject to regulation by ch. 11 of the Wisconsin Statutes. The rule codifies the express advocacy test set forth by the U.S. Supreme Court in 1976, in Buckley v. Valeo, 424 U.S. 1, and reiterated in 1999 by the Wisconsin Supreme Court in WMC IMC, Inc., v. State Elections Board, (Case No. 98-0596), by establishing a nonexclusive list of terms that are considered to expressly advocate. The rule also extends express advocacy to the functional equivalents of those terms.
Text of Rule
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss. 5.05 (1) (f), 5.93, and 227.11 (2) (a), Stats., the Elections Board hereby amends s. ElBd 1.28 (2) (c), interpreting ss. 11.01 (3), (6), (7) and (16), 11.05, 11.25, 11.29, 11.30 and 11.36, Stats., as follows:
SECTION 1. Section ElBd 1.28 (2) (c) is amended to read:
ElBd 1.28 (2) (c) Make expenditures for the purpose a communication containing terms such as the following or their functional equivalents with reference to a clearly identified candidate that expressly advocating advocates the election or defeat of an identified that candidate and that unambiguously relates to the campaign of that candidate:
1. “Vote for;"
2. “Elect;"
3. “Support;"
4. “Cast your ballot for;"
5. “Smith for Assembly;"
6. “Vote against;"
7. “Defeat;"
8. “Reject."
Initial Regulatory Flexibility Analysis
The amendment of this rule does not affect business.
Fiscal Estimate
The amendment of this rule has no fiscal effect.
Copies of Rule and Contact Information
Copies of this proposed rule are available upon request to:
George A. Dunst, Legal Counsel
State Elections Board
132 East Wilson St.
P.O. Box 2973
Madison, WI 53701-2973
