Wisconsin Legislature: Register531B

The food code makes a large number of technical changes to current rules.

Fiscal Estimate

This proposal to repeal and recreate ch. ATCP 75, Wis. Adm. Code, Retail Food Establishments, will have minimal fiscal impact. Currently, ch. ATCP 75 includes our licensing and enforcement procedures, as well as regulatory requirements for retail food establishments. The proposed ch. ATCP 75 includes the same licensing and enforcement procedures. However, the sanitary and regulatory requirements are contained in an Appendix that is modeled after the federal Food and Drug Administration (FDA) Model Food Code. The federal Food Code is a model code offered to the states to provide regulatory consistency between states based on the best science currently available to the FDA. The State Legislature gave the department authorization to adopt retail food rules in the format of the federal Food Code in 1999 Wis. Act 9.

The format, style and size of the FDA Model Food Code will cause an initial one-time cost for printing copies of the rule and training the industry and state and local regulatory staff on the format and style changes. The initial printing cost will be significant. It will be necessary to provide copies of the Code to approximately 8000 Retail Food Stores, 80 state inspection staff, and 22 Local Agent Health Departments with an average of 4 inspectors each. We estimate that the initial printing cost would be approximately $1100 per 1000 copies. The initial number of copies needed is 10,000. Total cost of initial printing is estimated to be $11,000.A significant amount of training is necessary to familiarize industry and state and local regulators with the format, style and content of the Food Code. We will absorb these training costs by reallocating current training staff to develop and deliver this training. State and local staff needing training will be reallocated to this training from other training, again absorbing training costs. After the initial training period, we will be able to maintain training as we currently do.

Initial Regulatory Flexibilty Analysis

Retail Food Establishments

Repealing and recreating ch. ATCP 75, Wis. Adm. Code, Retail Food Establishments, will have a minimal fiscal impact on small businesses as defined in s. 227.114 (1)(a), Stats. Approximately 8,000 retail food establishments are currently licensed and inspected by either the department or a local city/county health department that serves as an agent of the department. The retail food establishments range from small establishments that only sell prepackaged food, to large, retail food establishments which process as well as sell large volumes of food.

The proposed retail food establishment rule will include an “Appendix A", Wisconsin Food Code, which will update existing requirements and provide guidance for safe food handling and processing practices. This proposed retail food establishment rule is nearly identical to the rule being proposed by DHFS for restaurants. The proposed rule is based on the 1999 model food code published by the United States food and drug administration (FDA) which is applicable to retail food establishments as well as restaurants. The FDA has recommended that state and local governments adopt the model food code to provide more regulatory uniformity between retail food establishments and restaurants and across local, state & federal jurisdictions.

The proposed changes to ATCP 75, which may impact on small businesses are:

• The food code includes management and personnel standards. Management must have knowledge of principles necessary for the prevention of foodborne disease or illness and the use of a Hazard Analysis Critical Control Point (HACCP) program. Additional personnel standards address employee health, personal cleanliness and hygienic practices.

• This rule expands and clarifies the current rules regarding sanitation standards for personnel in retail food establishments.

• This rule expands from the current rule on the procedures of how, when and where to wash your hands and the maintenance of fingernails.

• Under this rule, no retail food establishment may acquire food from an unlicensed, unapproved source.

• This rule adds the United States Food And Drug Administration (FDA) national shellfish safety program regulations regarding the handling of shellfish in retail food establishments.

• Temperatures required for the preparation, storage, holding and reheating of potentially hazardous foods have been changed to be consistent with national food safety standards. New temperature requirements for raw animal foods, cooked plant foods, wild game species, and exotic games species are provided.

• Cooling requirements for potentially hazardous foods are changed to allow longer cooling times.

• Requirements related to handling of ready-to-eat food have been changed to specifically prohibit touching of such foods with bare hands, unless otherwise approved by the department.

• New in the code is the requirement for date marking ready-to-eat potentially hazardous food held in a food establishment for more than 24 hours.

• The proposed rule allows the use of time, as the only factor, rather than time in conjunction with temperature, as a public health control measure.

• A variance from the department will be required for specialized processing methods as a method of food preservation; such as smoking food, curing food, brewing alcoholic beverages, using food additives, using reduced oxygen packaging methods and similar specialized processing methods will require.

• The model food code requires the operator of a food establishment to inform consumers of the increased risk associated with eating certain animal foods that may be served raw, undercooked or not otherwise processed to eliminate pathogens.

• The proposed rule includes special requirements for food establishments that restricts the serving of certain foods to highly susceptible populations.

• The proposed rule, as does the current rule, includes food equipment standards, and requirements for utensils, linens and other equipment. It also includes requirements for mobile and temporary food establishments, public toilet rooms, and food manager certification requirements for restaurant or food service operations.

With the exception of “Demonstration of Knowledge", this rule does not propose major changes which will impact businesses in the State of Wisconsin.

The impact of requiring food service management to have knowledge of principles necessary for the prevention of foodborne disease (Demonstration of Knowledge) at licensed retail food establishments would be minimal. Currently most retail food establishments have managers that are required to maintain a Food Managers Certification. This certification covers the knowledge of food safety principles. The only additional cost would involve providing an appropriate level food safety training of all staff who handles food.

The overall impact of the proposed ATCP 75 rule change on small business is minimal. It would not be necessary for licensed food establishments to retain additional professional services to comply with this rule.

Notice of Hearing

Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board

[CR 00-50]

Notice is hereby given that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting ss. 443.04 (1) (b), (c) and (d) and 443.06 (2) (am), Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to renumber s. A-E 6.04 (1) and (2); to renumber and amend s. A-E 6.04 (intro.); to amend ss. A-E 4.05 (1) (b), (2) (a), (3) (a) and (4) (b), 6.05 (1) and (3) (a) and (b); and to create ss. A-E 2.02 (8), 6.04 (2) and 6.05 (3) (c) (intro.), 1., 2., 3., 4. and (d) (intro.), 1., 2., 3. and 4., relating to registration seals, experience requirements for professional engineers, and educational requirements for land surveyors.

Hearing Information

April 12, 2000 Room 179A

Wednesday 1400 East Washington Ave.

1:30 p.m. MADISON, WI

Written Comments

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by April 28, 2000 to be included in the record of rule-making proceedings.

Analysis Prepared by the Dept. of Regulation and Licensing

Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2)

Statutes interpreted: ss. 443.04 (1) (b), (c) and (d) and 443.06 (2) (am)

In this proposed rule-making order, the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors contains amendments which relate to use of registration seals, experience requirements for professional engineers, and educational requirements for land surveyors.

The Board creates s. A-E 2.02 (8) to clarify what a registrant must do in situations where plans and specifications are to be submitted for state approval by a licensee who did not do the original design work. This rule would allow Wisconsin registrants to finish projects in which the original design person because of death or dismissal is unable to finish it.

The Board amends s. A-E 4.05 (1) (b), (2) (a) and (4) (b) to require that an applicant for professional engineer registration must complete their experience within 10 years preceding his or her application for registration and under s. A-E 4.05 (3) within 15 years preceding his or her application for registration. The Professional Engineers Section believes it is in the best interest of the health, safety and welfare of the citizenry of Wisconsin for an applicant's experience to be within 10 to 15 years immediately preceding their application, to assure that the applicant can apply the current professional engineering procedures.

The Board amends s. A-E 6.04 to identify the educational requirements for becoming a land surveyor, which becomes effective July 1, 2000. The requirement will increase the educational requirement from a two-year degree to a four-year college or university degree.

Text of Rule

SECTION 1. A-E 2.02 (8) is created to read:

A-E 2.02 (8) Plans, specifications and calculations for buildings and structures not exempt under s. 443.15, Stats., which have been prepared by an architect or professional engineer other than the Wisconsin registered architect or engineer who is submitting the plans, specifications and calculations for filing as public documents, may be submitted provided the following conditions are satisfied:

(a) The plans, specifications and calculations shall bear the signature and seal or stamp of the architect or professional engineer who prepared them or under whose supervision and control they were prepared.

(b) A certificate, dated, signed and sealed by the Wisconsin registered architect or engineer who is submitting the plans, specifications and calculations for filing as public documents, shall be attached to the plans, specifications and calculations. The certificate shall indicate that the plans, specifications and calculations were prepared by an architect or professional engineer other than the submitting registered architect or registered engineer; shall describe the work performed by the submitting registered architect or registered engineer; and shall include statements to the effect that the plans and specifications have been reviewed and comply with all applicable local and state building codes, and that the reviewing registered architect or registered engineer will be responsible for the supervision of construction in accordance with the requirements of the state, and of the county and municipality where the building or structure is to be erected.

SECTION 2. A-E 4.05 (1) (b), (2) (a), (3) (a) and (4) (b) are amended to read:

A-E 4.05 (1) (b) Not less than 4 years of experience within the 10 years preceding the application in engineering work of a character satisfactory to the board indicating that the applicant is competent to practice engineering. Experience gained in obtaining a master's degree in engineering and experience gained in obtaining a Ph.D. in engineering or in an engineering related program shall each be deemed equivalent to one year of qualifying experience.

(2) (a) A specific record of 8 or more years of experience within the 10 years preceding the application in engineering work of a character satisfactory to the board indicating that the applicant is competent to be placed in responsible charge of the work, or a combination of engineering experience and equivalent education totaling 8 years.

(3) (a) A specific record of not less than 12 years experience within the 15 years preceding the application in engineering work of a character satisfactory to the board indicating that the applicant is competent to practice engineering, or a combination of experience and equivalent education totaling 12 years.

(4) (b) Not less than 8 years of experience in engineering work within the 10 years preceding application of a character satisfactory to the board indicating that the applicant is competent to practice engineering. Experience gained in obtaining a master's degree in engineering and experience gained in obtaining a Ph.D. in engineering or in an engineering related program shall each be deemed equivalent to one year of qualifying experience.

SECTION 3. A-E 6.04 (intro.) is renumbered A-E 6.04 (1) (intro.) and, as renumbered, amended to read:

A-E 6.04 Educational requirements for land surveyors. (1) To meet the educational requirements of s. 443.06 (2) (a) and (bm), Stats., requiring “a course in land surveying of not less than 2 years duration approved by the section" an applicant for registration as a land surveyor shall have satisfactorily completed at least 60 semester credits in a civil engineering or land surveying curriculum including no less than 12 semester credits in land surveying granted by a college or university accredited by a regional accrediting agency approved by the state board of education in the state in which the college or university is located. Credits in land surveying which shall be in the following categories of study:

SECTION 4. A-E 6.04 (1) and (2) are renumbered A-E 6.04 (1) (a) and (1) (b).

SECTION 5. A-E 6.04 (2) is created to read:

A-E 6.04 (2) To meet the educational requirements of s. 443.06 (2) (am), Stats., an applicant for registration as a land surveyor shall have:

(a) Received a bachelor's degree in a course of study in land surveying of not less than 4 years duration from a college or university accredited by a regional accrediting agency approved by the state board of education in the state where the college or university is located; or

(b) Received a bachelor's degree in civil engineering of not less than 4 years duration from a college or university accredited by a regional accrediting agency approved by the state board of education in the state where the college or university is located. The curriculum shall include no less than 12 credits in courses concentrating on the legal principles of land surveying and the technical aspects of land surveying. These courses shall include areas of study such as research of public and private records, principles of evidence and the interpretation of written documents used in boundary determination, the study of the legal elements of land surveying including those involving resurveys, boundary disputes, defective descriptions, riparian rights and adverse possession, the study of the professional and judicial functions of a land surveyor, the study of surveying methods for measuring distance and angular values, note keeping, computation and writing descriptions and the study of the Wisconsin statutes and local ordinances relating to the preparation of subdivision maps and plats.

SECTION 6. A-E 6.05 (1) and (3) (a) and (b) are amended to read:

A-E 6.05 (1) LAND SURVEYOR EXAMINATION REQUIRED. Applicants for registration as a land surveyor other than applicants under s. 443.06 (2) (c), Stats., shall take and pass an examination. The examination parts are the fundamentals of surveying examination and the principles and practice examination. The principles and practice examination is divided into 2 sections, a “national" and a “state" section which are scored separately.

(3) REQUIREMENTS FOR ENTRANCE TO EXAMINATIONS. (a) To Prior to July 1, 2000, to be eligible to take the “fundamentals of land surveying" examination, an applicant shall have complied with s. A-E 6.04 (1), or have at least 4 years of practice in land surveying, or a combination of work and training in a course in land surveying and practice in land surveying which totals at least 4 years.

(b) To Prior to July 1, 2000, to be eligible to take the “principles and practice of land surveying" examination, an applicant shall have complied with s. A-E 6.04 (1) and have at least 2 years of approved practice in land surveying, or have at least 5 years of approved practice in land surveying, or a combination of at least 5 years of approved work and training in a course in land surveying and practice in land surveying.

SECTION 7. A-E 6.05 (3) (c) (intro.), 1., 2., 3. and 4. and (d) (intro.), 1., 2., 3. and 4. are created to read:

A-E 6.05 (3) (c) After June 30, 2000, to be eligible to take the “fundamentals of land surveying" examination, an applicant shall have done one of the following:

1. Complied with s. A-E 6.04 (2).

2. Complied with s. A-E 6.04 (1).

3. Have at least 5 years of practice in land surveying, or a combination of work and training in a course in land surveying and practice in land surveying which totals at least 5 years.

4. Have completed an apprenticeship training course in land surveying prescribed by the department of industry labor and job development, and engaged in a period of additional land surveying of a satisfactory character that, when added to the period of apprenticeship, totals at least 6 years of land surveying practice.

(d) After June 30, 2000, to be eligible to take the “principles and practice of land surveying" examination, an applicant shall have done one of the following:

1. Complied with s. A-E 6.04 (2) and have at least one year of approved practice in land surveying.

2. Complied with s. A-E 6.04 (1) and have at least 3 years of approved practice in land surveying.

3. Have at least 9 years of approved practice in land surveying, or a combination of at least 9 years of approved work and training in a course in land surveying and practice in land surveying.

Fiscal Estimate

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

Initial Regulatory Flexibility Analysis

These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of Rule and Contact Information

Copies of this proposed rule are available without cost upon request to:

Pamela Haack

Dept. of Regulation and Licensing