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
See the Mid-November, 1999 Wisconsin Administrative Register, page 15.
Initial Regulatory Flexibility Analysis
See the Mid-November, 1999 Wisconsin Administrative Register, page 15.
Notice of Hearings
Corrections
Notice is hereby given that pursuant to ss. 227.11 (2) (a), 302.04, 302.07, 302.08 and 302.11 (2), Stats., the Department of Corrections proposes the following rule revising ch. DOC 303, relating to inmate conduct and discipline.
Hearing Information:
Date & Time Location
December 15, 1999 Room 120
Wednesday State Office Building
10:00 A.M. 141 N.W. Barstow Street
Waukesha, WI
December 16, 1999 Secretary's Conference Room
Thursday Department of Corrections
9:00 A.M. 149 East Wilson Street
Madison, WI
December 17, 1999 Room 105
Friday State Office Building
11:00 A.M. 718 West Clairemont
Eau Claire, WI
The public hearing sites are accessible to people with disabilities.
Analysis Prepared by the Dept. of Corrections
Some provisions of the Department of Corrections administrative rule relating to inmate discipline have not been updated since the rule was created in 1980. With over 18 years of experience working with the rule, the Department proposes to update the rule.
This rule governs inmate conduct, describes the conduct for which an inmate may be disciplined, and describes the procedure for the imposition of discipline.
A. This rule generally:
1. Broadens the authority of each institution to make specific substantive disciplinary policies and procedures.
2. Applies the rule to all inmates in the custody of the Department regardless of the inmate's physical custody. The rule does not preclude another jurisdiction that has the physical custody of the inmate from enforcing its rules. The Department may not discipline an inmate for an incident for which the inmate was disciplined in another jurisdiction.
3. Recognizes the right of an inmate to call witnesses outweighs the right of a witness to refuse to testify.
4. Recognizes that any violation of disciplinary rules in an institution is a serious threat to safety and security and removes the elements of “knowingly," “recklessly," “intentionally," and “negligently" from most offenses.
B. This rule makes the following definition changes:
1. Removes the definition of “overt behavior."
2. Adds definitions for “working days," “public," “temporary lock up (TLU)," “institution", “staff", and “adjustment committee".
3. Amends the definition of “discipline" to state what it is and to eliminate that portion of the definition that states what it is not.
4. Amends the definition of “authorized" to eliminate the requirement that policies and procedures be posted and also changes the definition from the “latest order" of a staff member to the “direction" of a staff member.
5. Amends the definition of “administrator" by deleting “division of adult institutions."
6. Amends the definition of “harass" by deleting the word “persistently."
7. Amends the definition of “possession" by adding that the Department considers possession an activity under s. DOC 303.20 (3).
8. Amends the definition of “inmate gang" to eliminate specified activities which define a gang.
9. Changes the definition of “superintendent" to “warden".
10. Amends the definition “without consent" by removing language stating how the actor put the victim in fear.
11. Expands the definition of “contraband" by adding “property that is damaged or altered" and “anything used as evidence for a disciplinary hearing deemed contraband by the adjustment committee or hearing officer."
12. Deletes the definitions relating to state of mind: “intentionally", “knowingly," “recklessly," and “negligently" as these are also removed as elements of most offenses.
13. Deletes the definition of “device" under the offense of “Possession of drug paraphernalia."
14. Deletes “with intent to deprive the owner of it permanently" from the definition of “steals."
C. This rule adds the following offenses for which an inmate may be disciplined:
1. Causing bodily injury by spitting or throwing body fluids, waste, or other unidentified substances.
2. Intentionally causing the death of another.
3. Intentionally causing bodily injury or the unauthorized death of an animal.
4. Clutching, fondling, or touching the inmate's intimate parts for the purpose of sexual arousal or gratification or for purposes of exhibition whether clothed or unclothed.
5. Stating affection or sexual desire, verbally or in writing, whether personally written or commercially written or by drawings to staff members or the family of a staff member, or asks staff members or the family of a staff member for any staff member or the family of staff member's addresses, phone numbers, or favors, or in any manner requests special attention or action from a staff member or the family of staff members that is not appropriate.
6. Possessing any gang literature, creed, signal, or symbol.
7. Showing disrespect to any staff. Staff is defined to mean an employee, an independent contractor, or a volunteer of the Department or an institution or facility where an inmate is housed by order of a court, a warden or the Department.
8. Using a name other than the name by which the inmate was committed to the Department. (deletes the words “unless the name was legally changed")
9. Ordering and buying an item on credit.
10. Possession of a credit card.
11. Misrepresenting facts to another to obtain items of value.
12. Possession of an item which “could" be used in the manufacture of a weapon. The item need not be “designed exclusively" as a weapon.
13. Possession of personal written information relating to any staff of the Department, including a staff's or staff's immediate family home address or telephone number.
14. Causing damage to property by reckless conduct.
15. Altering or erasing a postal cancellation mark or possessing any postage stamp that has been altered.
