Wisconsin
Administrative
Register
No. 527
Publication Date: November 14, 1999
Effective Date: November 15, 1999
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
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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 3 to 10.
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Agriculture, Trade and Consumer Protection:
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Rule relating to drug residues in raw milk.
Rules relating to security of dairy plant payments to milk producers.
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Commerce:
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PECFA Interagency Responsibilities, Ch. Comm 46
Rules adopted creating ch. Comm 46, relating to Petroleum Environmental Cleanup Fund interagency responsibilities. [FIRST APPEARANCE]
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Commerce:
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Resources for Communities, etc., Chs. Comm 105-128
Rules relating to certified capital companies.
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Crime Victims Rights Board:
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Rules relating to review of allegations of crime victims rights violations.
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Employment Relations Commission:
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Rules relating to calculation of minimum qualified economic offers for school district employes.
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Geologists, Hydrologists & Soil Scientists Examining Board:
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Rules relating to registration and regulation of geologists, hydrologists and soil scientists.
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Health & Family Services:
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Management, etc., Chs. HFS 1--
Rule relating to caregiver background checks.
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Health & Family Services:
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Medical Assistance, Chs. HFS 100-108
Rules relating to operation of the BadgerCare health insurance program.
Rule relating to certification of specialized medical vehicle providers.
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Health & Family Services:
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Health, Chs. HFS 110-
Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP).
Rules relating to distribution of closed nursing home beds to a veterans' nursing home.
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Higher Educational Aids Board:
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Rules relating to the Minority Teacher Loan Program.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1-
Rules relating to the 1999 migratory game bird season.
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Natural Resources:
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Environmental Protection-Water Regulation,
Chs. NR 300-
Rules relating to determination of navigability in farm ditches.
Rules relating to ski jumps and platforms.
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Natural Resources:
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Environmental Protection-Investigation & Remediation, Chs. NR 700--
Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
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Revenue:
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Rule relating to sales and use tax treatment of machinery and equipment used in waste reduction and recycling activities.
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Scope Statements.
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Page 11.
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Natural Resources (Fish, Game, etc., Chs. NR 1--):
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NR Code - Relating to fishing regulation changes through the (Spring 2000) Fish and Wildlife Hearings.
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Psychology Examining Board:
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Psy Code - Relating to defining the terms “working day” and “in this state” for the purposes of the temporary practice provision found at s. 455.03, Stats.
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Workforce Development (Labor Standards, Chs. DWD 270-279):
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SS. DWD 270.085 and 272.086 - Relating to student activities that do not constitute employment.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 12 to 13.
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Agriculture, Trade and Consumer Protection:
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Ch. ATCP 81 - Relating to cheese grading, packaging and labeling.
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Crime Victims Rights Board:
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Ch. CVRB 1 - Relating to the review of complaints alleging violations of the rights of crime victims.
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Psychology Examining Board:
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SS. Psy 2.08 and 3.10 - Relating to re-examinations.
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Transportation:
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Ch. Trans 320 - Relating to calculation of fees for special events, security, traffic enforcement and escort services.
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Notices of Hearings or of Proposed Rules.
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Pages 14 to 20.
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Agriculture, Trade and Consumer Protection:
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Hearings to consider revision to ch. ATCP 81, relating to cheese grading, packaging and labeling.
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Elections Board:
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Proposed amendment to s. El Bd 1.28, relating to advocacy advertisements.
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Health and Family Services:
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Community Services, Chs. HFS 30--
Hearings to consider the revision of ch. HFS 61 and creation of chs. HFS 32, 33 and 35, relating to standards for mental health inpatient treatment, adult day treatment and clinic programs.
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Psychology Examining Board:
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Hearing to consider ss. Psy 2.08 and 3.10, relating to re-examinations.
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Transportation:
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Hearings to consider ch. Trans 320, relating to calculation of fees for special events, security, traffic enforcement and escort services.
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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 21.
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Chiropractic Examining Board:
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Health and Family Services:
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Medical Examining Board:
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( CR 99-128) - SS. Med 1.06, 1.08, 2.02 and 2.04
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Public Service Commission:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 22.
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Employment Relations, Dept. of:
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( CR 99-110) - Ch. ER 18 and ss. ER 1.02, 29.03
and 29.04
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Employment Relations --Merit Recruitment and Selection:
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( CR 99-111) - SS. ER-MRS 1.02, 11.03, 16.025, 16.035,
16.04, 22.11 and 34.08
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Professional Geologists, Hydrologists and Soil Scientists Examining Board:
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Medical Examining Board:
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Medical Examining Board:
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( CR 99-98) - Chs. Med 6, 13 and 21 and ss. Med 10.02
and 17.02
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Natural Resources:
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( CR 99-23) - Ch. NR 20 and ss. NR 21.04, 23.05
and 26.26
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Natural Resources:
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( CR 99-47) - Chs. NR 6, 8, 50 and 64 and s. NR 60.09
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Natural Resources:
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Natural Resources:
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( CR 99-97) - SS. NR 10.01, 10.06, 10.12 and 10.31
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Public Notice.
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Page 23.
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Workforce Development:
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Public notice relating to the Temporary Assistance for Needy Families (TANF) caseload reduction credit methodology.
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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 (2)
Agriculture, Trade & Consumer Protection
1. 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
Hearing Date:
June 18, 1999
