Statement of Emergency
The Wisconsin Tobacco Control Board finds that an emergency exists and that a rule is necessary for the immediate preservation of the health, safety and welfare of Wisconsin residents, particularly youth and current smokers. A statement of the facts constituting the emergency is as follows:
The health and fiscal impact of tobacco use are well documented. In Wisconsin alone, 7,800 deaths occur each year from tobacco-related disease. In addition, Wisconsin government, residents and health care providers pay over $1.3 billion annually for health care costs associated with tobacco use.
While tobacco's effects are in individuals' futures, immediate action is required to reverse the recent trend toward rising youth addiction and resulting long-term negative health effects of tobacco use. According to the Centers for Disease Control and Prevention, over 3,000 youths begin smoking every day in the United States. In Wisconsin alone, there has been a 19 percent increase in high school tobacco use since 1993, with over 38 percent of high school youth smoking a cigarette in the last month. This increase in youth tobacco use is particularly threatening since over 90 percent of current smokers began smoking before the age of 18. Of the current 1 million smokers in Wisconsin, half will die from tobacco-related diseases such as emphysema, lung cancer, heart disease and stroke.
In addition, tobacco use among specific populations continues to present an ongoing threat to the health of Wisconsin citizens. Wisconsin has a rate of tobacco use among pregnant women that is 30 percent higher than the national average. In addition, the national smoking rate among African-American youth doubled from 14 percent in 1993 to 28 percent in 1997. Finally, the 48% smoking rate of Medicaid recipients is twice the rate of the general population.
The ongoing and emerging health impacts and costs associated with tobacco use necessitate the immediate implementation of the comprehensive initiative to address tobacco use in Wisconsin.
The Board, through this order, is creating chapter TCB 1 relating to the Board's administering and awarding grants for tobacco control and establishing criteria for recipients of the grants. The rule is being promulgated under the authority of s. 255.15 (1m), Stats., for the purpose of establishing criteria, procedures, requirements and conditions for the award of project grants from the appropriation under s. 20.436 (1) (tc), Stats., to organizations that operate or propose to operate programs reducing tobacco use by preventing tobacco use, promoting tobacco use cessation and eliminating environmental tobacco smoke.
Publication Date:
November 7, 2000
Effective Date:
November 7, 2000
Expiration Date:
April 6, 2001
Hearing Dates:
January 10, 2001
Statements of scope of proposed rules
Agriculture, Trade and Consumer Protection
Subject
Cheesemakers Licenses
Description of Policy Issues
Current department rules prescribe the qualifications needed to be eligible to obtain a cheesemaker's license. Section ATCP 69.02, Wis. Adm. Code, specifically requires experience in cheesemaking. These rules have been in effect for many years and need to be updated. The department proposes to modify the rule to allow for an alternative adult learning method to meet the experience requirement. Although the proposed alternative experience requirements would differ from current requirements, these alternative experience requirements will be equivalent in their objectives, content and rigor.
Wisconsin is the only state which requires that cheesemakers be licensed to engage in that occupation. This requirement has been in effect since 1929.
Prices paid for producer milk are volatile and dairy producers would like to be able to pursue direct marketing opportunities. There is increasing consumer demand for specialty and farmstead cheese. For these reasons, milk producers would like to be able to add value to their products on the farm. Some of these milk producers would like to make cheese from their milk and sell it directly to consumers and restaurants. However, the current experience requirements make it impractical for most producers to obtain the cheesemaking experience needed as a prerequisite to processing cheese at a dairy plant located on their farm.
Developing an adult education method for obtaining cheesemaking experience requirements would allow milk producers to meet the requirements by attending approved university level courses while concurrently working as a milk producer. These courses would be prescribed by the rule. The rule would also include a required period of actual cheesemaking experience in a cheese factory.
Policy alternatives:
• Do nothing. This alternative would frustrate the efforts of some milk producers to produce value-added products on their farms. Wisconsin milk producers are effectively prevented from benefiting from increased consumer demand for specialty and farmstead cheese.
• Eliminate the requirement to hold a cheesemakers license when making cheese. This alternative would allow milk producers (and anyone else) to make cheese without a license. This alternative may dilute Wisconsin's cheesemaking expertise and ultimately adversely impact the quality and safety of cheese manufactured in Wisconsin.
Statutory Authority
The department proposes to develop cheesemaker license rules under authority of ss. 93.07 and 97.17, Stats. The rules would interpret s. 97.17, Stats.
Staff Time Required
The department estimates that it will require approximately 0.25 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. The department will assign existing staff to develop this rule.
Agriculture, Trade and Consumer Protection
Subject
Plant Inspection and Pest Control
Description of Policy Issues
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) administers plant pest control rules, including Japanese beetle import restrictions. The Japanese beetle has infested over half of all U.S. states. Current DATCP rules restrict imports of certain plants, soil and other materials from infested states. Before a person may import regulated materials to Wisconsin from an infested state, a pest control official from the infested state must inspect and certify that the materials are free of Japanese beetles.
Despite these import restrictions, the Japanese beetle has now infested Wisconsin. Continued import restrictions may therefore serve no useful purpose, and may unnecessarily impede interstate commerce. Wisconsin's current import restrictions are also inconsistent with the U. S. Harmonization Plan on Japanese Beetle Regulations, published by the National Plant Board.
The U. S. Harmonization Plan suggests uniform state regulatory standards for Japanese beetle. Generally speaking, the plan contemplates regulation of shipments from infested states to non-infested states. The plan does not contemplate regulation of shipments to infested states, because those regulations may serve no useful purpose and may impose unnecessary costs on interstate commerce. The plan is a suggested guideline for states, and is not legally binding on them. Wisconsin's current import restrictions, while not prohibited by the U.S. Harmonization Plan, are inconsistent with the plan guidelines.
DATCP proposes to eliminate the current Japanese beetle import restrictions, which may no longer serve a useful purpose. DATCP will continue to provide export certification services to persons who wish to export regulated materials from Wisconsin to non-infested states. DATCP also proposes to make minor or non-substantive technical changes to current pest control rules.
Policy alternative:
• No change. If DATCP takes no action, the current Japanese beetle import restrictions will remain in effect. Since the Japanese beetle has already infested Wisconsin, the current import restrictions may serve no useful purpose and may unnecessarily impede interstate commerce. Technical defects in the current rules will also go unremedied.
Statutory Authority
The department proposes this rule under authority of ss. 93.07(1) and (12) and 94.01(1), Stats.
Staff Time Required
The department estimates that it will use approximately 200 hours of staff time to develop this rule change. This includes research, drafting, preparing related documents, holding public hearings, coordinating advisory council discussions, and communicating with affected persons and groups. The department will assign existing staff to develop this rule.
Health and Family Services
Subject
Birth Defect Prevention and Surveillance System
Description of Policy Issues
1999 Act 114 replaced the Birth Defect Outcome and Monitoring Program with what is known in Act 114 as the Birth Defect Prevention and Surveillance System. The new system has several differences from the previous reporting program:
1. The definitions of reportable conditions under Act 114 differ from the old statute language. The proposed rule recreation must specify the birth defects that are a structural deformation, disruption or dysplasia, or a genetic inherited or biochemical disease.
2. Only infants and defects up to the age of 2 will be required to be reported to the Department.
3. The list of persons required to report a birth defect to DHFS will be expanded beyond physicians to include hospitals and pediatric specialty clinics.
4. The rules will specify the content, format, and procedures for submitting a report to the Department necessary for the Department's establishing and maintaining an up-to-date registry of birth defects.
5. Act 114 creates an entity known as the Council on Birth Defect Prevention and Surveillance for the purpose of making recommendations to the department regarding the establishment of the registry and the Department's administrative rules and the content of the reports required from medical care providers.
6. Beginning in April 2002, the Council is to biennially report to the legislature on the effectiveness of the registry.
7. Create a mechanism to assure confidentiality by requiring parental or guardian written consent before reporting or releasing an infant's name and address.
Statutory Authority
Sections 253.12 and 227.11 (2), Stats.
Staff Time Required
Estimated 60 hours of Department staff time to draft and submit to the Legislative Counsel Rules Clearinghouse a rulemaking order and associated materials. A statutorily-required Council on Birth Defect Prevention and Surveillance is to make recommendations concerning the rule promulgation.
Health and Family Services
Subject
Permit fees for vending of food and beverages, bed and breakfast establishments, restaurants, hotels/motels and tourist rooming houses, swimming pools, campgrounds, and recreational and educational camps.
Description of Policy Issues
The Department and agent local government health departments regulate campgrounds, recreational and educational camps, the operation of swimming pools that serve the public, restaurants, hotels and motels, tourist rooming houses, bed and breakfast establishments and food vending operations under the authority of Chs. 254 and 250 Stats., to ensure that these facilities comply with health, sanitation and safety standards established by the Department by rule. The Department's rules are in Chs. HFS 172, 175, 178,195, 196, 197, and 198, Wis. Adm. Code. None of these facilities may operate without receiving a permit from the Department or an agent local government health department. A permit is evidence that a facility complies with the Department's rules on the date of issuance of the permit. Under the rules, a facility is charged a permit fee. The restaurant, lodging, and recreational facility regulation and licensing program is 100% funded by licensing revenue. Current budget projections indicate a deficit in the upcoming fiscal year. License fees need to be increased to fully fund the program. Significant investment in technology – licensing and inspection software – have stressed the regulation and licensing program budget. The major expenditures in technology are behind us, however, the workload of staff continues to be very heavy, with each staff member providing consultation and inspection services to approximately 550 facilities. Also, with the anticipated promulgation of the new food rule (HFS 196), the Department is committing to inspect every full service restaurant (approximately 9,000 facilities) at a minimum of once per year. This will require that we fill every authorized position and provide for LTE support during our busy summer months, where inspections include food festivals and fairs.
To minimize the impact of fee increases on small facility owners and operators, the Department will propose in this rule a revised license fee schedule for restaurants that is based upon gross annual receipts for the facility.
Alternatives to increasing fees include:
1. Allowing the regulation and licensing program budget to end in deficit for SFY 01 and future years.
2. Reducing the costs associated with the program. (Note: personnel costs represent approximately 70% of the budget. A reduction in staffing would extend the frequency of facility inspections beyond the current average of approximately once every 18 months.)
Statutory Authority
Chapter 250, Stats., and ss. 254.47 (4) and 254.68, Stats.
Staff Time Required
40 hours.
Natural Resources
Subject
Department's intent to convene a group of Department technical experts and representatives outside the agency to develop a strategy for regulating mercury releases from wastewater.
Description of Policy Issues
With EPA's recent approval of a new ultra-sensitive test method for mercury, and the department's approach of disregarding effluent tested as a viable tracking mechanism is no longer appropriate. Limited available low-level data indicates many permittees will not be able to achieve effluent limitations called for by rules protecting water quality. We need a new approach that recognizes the widespread distribution of mercury in the environment, continues to emphasize pollution prevention as a control strategy and provides a rational mechanism that allows permittees to work toward achieving water quality based effluent limitations.
The department's current approach for mercury in wastewater is authorized by a provision in ch. NR 106, Wisconsin Administrative Code, promulgated in 1997. The newly approved test method changes the condition such that mercury is no longer covered under this provision. Rulemaking that provides an expedited water quality standards variance has been suggested by department staff as one possible solution to the potential that a significant number of permittees will be unable to meet effluent limitations for mercury. Other solutions that may present themselves will also be investigated.
Statutory Authority
Chapter 283
Staff Time Required
348 hours
Submittal of rules to legislative council clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
