Under this rule, as under current law, an authorized DATCP employee may issue an order requiring a person to correct unsanitary conditions and other law violations related to meat. DATCP may also prohibit the use of unsanitary equipment and utensils. An authorized DATCP employee may “tag" unsanitary equipment or utensils to prohibit their use.
Investigation and Enforcement
This rule refers to, but does not change, DATCP's current enforcement authority. DATCP may conduct inspections and other investigations to determine compliance with this rule. DATCP may exercise its authority under chs.
93 and
97, Stats., in support of its inspections and investigations. DATCP may deny, suspend or revoke a license or registration certificate for cause. DATCP may also prosecute violators in court (penalties are provided by statute).
Administrative Appeals
A person may ask DATCP to reconsider any of the following actions:
• The denial of any application for a license or registration certificate.
• Ante mortem or post mortem inspection findings.
• A holding order, condemnation order or correction order.
• A decision to deny, limit or withdraw slaughter inspection services.
• Slaughter inspection billings.
Whenever DATCP receives a request for reconsideration, DATCP must hold a prompt informal conference with the requester. Alternatively, if the matter concerns a slaughter inspection finding by an inspector who is not a veterinarian, DATCP may have a veterinarian review the inspector's finding. If the requester's dispute is not resolved, the requester may seek a “contested case" hearing under ch.
227, Stats., and ch.
ATCP 1.
Fiscal Estimate
This proposed rule change merges two existing rules and incorporates changes made in ch.
97, Stats. by 1999 Assembly Bill 133 which incorporated several sections of 9 CFR, the USDA Meat and Poultry Inspection rules and requirements. These changes include the following: eliminate prior approval for most labels, retain prior approval for formulas, include requirements for SSOP and HACCP, incorporate existing policies on game birds and animals as well as ratites, and eliminate language made redundant or conflicting with language adopted from 9 CFR into ch.
97, Stats.
The department anticipates no adverse financial impact on either the department or the regulated industry since the requirements for HACCP plans, SSOPs, and the associated records have already been implemented since January 2000, by the change to ch.
97, Stats. There should be no additional costs incurred by this proposed rule merger, since it only reflects and clarifies the situation that exists and will require only the one-time costs associated with the rulemaking of approximately $1000, consisting of printing, mailing and costs associated with holding hearings.
Initial Regulatory Flexibility Analysis
This rule will not, by itself, have a major impact on small business. This rule merely implements state and federal law changes that have already been enacted. This rule also recodifies existing requirements, so they will be easier to read and understand. DATCP currently licenses, registers, and inspects about 500 meat and poultry establishments, mobile slaughterers, mobile processors and meat distributors. The establishments range from very small one and two-person operations to multi-product operations that manufacture and wholesale substantial amounts of meat and poultry products.
This rule incorporates current federal requirements under 9 CFR sections 307 to 311, 313 to 315, 317 to 319, 416, 417, and 381 subparts G, H, I, K, L, O and P. This is required by s.
97.42 (4m), Wis. Stats. and federal law, so that Wisconsin's meat inspection program will be “equal-to" the federal program.
These federal requirements will have negligible impact at this time because most have already been implemented in Wisconsin meat establishments. This rule does not require any additional plans, procedures or records.
This rule does all the following:
• Incorporates federal rules requiring hazard analysis and critical control point (HACCP) plans and pathogen testing at meat establishments.
• Updates current rules and eliminates obsolete rules.
• Eliminates the need for prior approval of most meat labels.
• Continues to require prior approval of meat product formulations.
• Clarifies the requirements for the slaughter and processing of ratites, captive game birds and captive game animals.
These federal requirements have already been implemented in Wisconsin, and this rule imposes no additional testing or recordkeeping requirements. The department has already provided training to Wisconsin meat establishments to help them implement the new federal requirements that are incorporated, by reference, in this rule.
This rule will have a negligible impact on small business. It should not be necessary for licensed establishments to retain the services of a HACCP consultant, a bookkeeper or an attorney to comply with this rule.
Notice of Hearings
Commerce
(Fire Department Safety and Health, Ch.
Comm 30)
NOTICE IS HEREBY GIVEN that pursuant to s.
101.055 (3), Stats., the Department of Commerce announces that it will hold public hearings on proposed rules relating to fire department safety and health.
The public hearings will be held as follows:
Date and Time
|
Location
|
Tuesday, June 5, 2001
|
Room 3B, Thompson
Commerce Center
201 W. Washington Avenue
Madison
|
Friday, June 8, 2001
|
Room 105, Eau Claire State Office Building
718 W. Clairemont Avenue
Eau Claire
|
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until June 22, 2001, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings
Division website at:
www.commerce.state.wi.us/SB/SB-HomePage.
Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Analysis of Proposed Rules
The Department of Commerce is responsible for adopting standards to protect the safety and health of public employees in the state of Wisconsin. The adopted standards must provide protection at least equivalent to that afforded to private sector employees under standards administered and enforced by the federal Occupational Safety and Health Administration (OSHA).
Chapter
Comm 32 currently contains general safety and health standards for all public sector employees, and ch.
Comm 30 contains additional safety and health standards for public sector fire department employees. The proposed rules consist of revisions in ch.
Comm 30.
The purpose, scope and application of ch.
Comm 30 are revised in order to clarify the coverage of the chapter and the relationship of ch.
Comm 32. All of the NFPA standards incorporated by reference in ch.
Comm 30 are updated to the current editions, and the rules for protective clothing and equipment are revised to reflect the new NFPA standard on protective ensemble for structural fire fighting.
The rule for the rescue of members is revised by clarifying the activities that the back-up team members may perform at the fire scene. The rule relating to the physical and medical capabilities of fire fighters is revised by requiring the employer, rather than the fire chief, to assure that fire fighters are physically capable of performing assigned duties. The proposed rules also include a new subchapter in order to clarify the ch.
Comm 32 requirements that apply to several miscellaneous emergency operations performed by fire departments.
The proposed rules have been developed with the assistance of the Fire Department Safety and Health Advisory Council. The members of that citizen advisory council are as follows:
Name
|
Representing
|
Todd Blaser
|
Fire & EMS Legislative Leadership Coalition
|
Michael Drury
|
Professional Fire Fighters of Wisconsin
|
John W. Fulcher
|
Wisconsin Society of Fire Service Instructors
|
Steven Krause
|
Wisconsin State Fire Fighters Assn.
|
Tim McGrath
|
Wisconsin State Fire Chiefs Assn. (Career Dept.)
|
Randy Pickering
|
Wisconsin State Fire Chiefs Assn. (Combination Dept.)
|
Carl Weber
|
Wisconsin State Fire Chiefs Assn. (Volunteer Dept.)
|
NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with ch.
Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exists. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will not affect any small businesses as defined in section
227.114 (1)(a), Stats. The proposed rules apply to public sector employers and employees.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Not applicable.
3. Types of professional skills necessary for compliance with the rules.
Not applicable.
Fiscal Estimate
The Safety and Buildings Division currently administers and enforces the provisions of ch.
Comm 30 as part of the public sector safety and health program. The proposed rules update and clarify the existing administrative rules now being enforced, and there are no new requirements to affect costs or revenues. Therefore, the proposed rules will not have any fiscal effect on the Division or on local governments.
Notice of Hearing
Health and Family Services
(Community Services, Chs.
HFS 30-)
NOTICE IS HEREBY GIVEN that, pursuant to ss.
46.056 (1) and
227.11 (2), Stats., the Department of Health and Family Services will hold a public hearing on the proposed order of the department creating ch.
HFS 95 relating to the use of force to prevent escapes and to capture escaped persons under ch.
980, Stats., and to provide security at facilities housing such persons.
Hearing Information
The public hearing will be held:
Date and Time
|
Location
|
May 30, 2001
Wednesday
Beginning at 10:30 a.m.
|
Conference Room B-145
State Office Building
1 West Wilson Street
Madison, WI
|
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Dept. of Health and Family Services
This order creates rules to guide the use of force to prevent escapes and capture escaped persons under ch.
980, Stats., and to provide security at facilities housing such persons.
1999 Wisconsin Act 9 created s.
46.058, Stats. That law requires the department to establish rules to define the use of "necessary and appropriate force" in relation to preventing escapes and in pursuing and capturing persons detained at or committed under ch.
980, Stats., who have escaped. This order complies with that statutory requirement.
In addition to defining the use of force in such circumstances, this order sets forth standards for the appropriate use of force in order to provide security at facilities housing such persons. Use of force is sometimes required to prevent injuries, regain control of parts of a facility, control disruptive persons, or prevent property damage. This order requires the adoption of policies and procedures to ensure that only so much force is used as is necessary under the circumstances.
This order also sets forth criteria for the use of firearms and incapacitating agents. Proper and ongoing training is required.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, please write or phone:
Linda Harris
Division of Care and Treatment Facilities
P.O. Box 7851, Room 850
Madison, WI 53707-7851
(608) 267-7909 or,
if you are hearing impaired, (608) 266-1511 (TTY)
To comment on or discuss the content of the proposed rule, please e-mail or phone:
James Yeadon
Division of Care and Treatment Facilities
P.O. Box 7851, Room 850
Madison, WI 53707-7851
(608) 266-5525 or,
if you are hearing impaired, (608) 266-1511 (TTY)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rule received at the above address no later than June 6, 2001, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
This rule governs the use of force to prevent escapes or to capture escaped persons under ch.
980, Stats., and to provide security at facilities housing such persons. This affects the Wisconsin Resource Center and the Sand Ridge Secure Treatment Center. The affected facilities will be required to use force under certain circumstances, with or without this rule, and any costs associated with the use of force will be absorbed within existing resources at Wisconsin Resource Center and Sand Ridge Secure Treatment Center. This rule merely sets parameters for the use of force under certain circumstances and for other security matters. Any fiscal effect as a result of this rule will be positive rather than negative. By having rules in place for the use of force, when such use becomes necessary, the state's potential civil liability will likely be reduced.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Nursing
