Hearing Dates, Times And Locations
Date and Time: Thursday, June 14, 2001
10:00 a.m. – 12:00 noon
Location: Appleton Public Library
Lower Level Mtg. Room
925 S. Oneida Street
Appleton, WI 54911
Handicapped accessible
Date and Time: Friday, June 15, 2001
10:00 a.m. - 12:00 noon
Location: Iowa County Courthouse
County Board Room, 2nd Floor
222 N. Iowa Street
Dodgeville, WI 53533
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (DATCP) licenses and inspects dairy plants under s.
97.20, Stats. Current DATCP rules under s.
ATCP 80.56 (4), Wis. Adm. Code, require dairy plant operators to report to DATCP the results of any microbiological test that confirms the presence of a pathogenic organism in a pasteurized or ready-to-eat dairy product. The current reporting requirement discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from sale.
This emergency and proposed permanent rule repeals this counterproductive reporting requirement, and creates alternative rules that will provide better public health protection and encourage more pathogen testing. Under this rule:
•
A dairy plant operator may not sell or distribute any ready-to-eat dairy product in which a microbiological test has confirmed the presence of a pathogenic organism or toxin.
•
A dairy plant operator must report test results that confirm the presence of pathogens or toxins in ready-to-eat dairy products unless all the following apply:
* The tested product bears a product code or production lot number.
* The operator withholds, from sale or distribution, all ready–to–eat products that bear that product code or production lot number.
Under current rules, a dairy plant operator must keep records of all pathogen and toxin test results. This requirement will continue. DATCP may inspect and copy test records as necessary.
Fiscal Estimate
The Department of Agriculture, Trade and Consumer Protection ("department") licenses and inspects dairy plants under Wis. Stats. ss 97.20. Under s.
80.56 (4), Wis. Admin. Code, the department requires the dairy plant operator to report to the department results of any microbiological test conducted on a pasteurized or ready-to-eat dairy product that confirms the presence of pathogenic organisms in that product. The current reporting requirement discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from sale.
The emergency rule and proposed permanent rule repeals this counterproductive reporting requirement, and creates alternative rules that will provide better public health protection and encourage more pathogen testing.
The emergency rule and proposed permanent rule has no anticipated fiscal impact on the department.
Initial Regulatory Flexibility Analysis
The Department of Agriculture, Trade and Consumer Protection (DATCP) licenses and inspects dairy plants under s.
97.20, Stats. Current DATCP rules under s.
ATCP 80.56(4), Wis. Adm. Code, require dairy plant operators to report to DATCP the results of any microbiological test that confirms the presence of a pathogenic organism in a pasteurized or ready-to-eat dairy product. The current reporting requirement discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from sale.
The proposed rule repeals this counterproductive reporting requirement, and creates alternative rules that will provide better public health protection and encourage more pathogen testing.
The proposed changes are already in effect under an emergency rule which the department adopted. This rule will make the temporary rule changes permanent. Under this rule:
•
A dairy plant operator may not sell or distribute any ready-to-eat dairy product in which a microbiological test has confirmed the presence of a pathogenic organism or toxin.
•
A dairy plant operator must report test results that confirm the presence of pathogens or toxins in ready-to-eat dairy products unless all the following apply:
* The tested product bears a product code or production lot number.
* The operator withholds, from sale or distribution, all ready–to–eat products that bear that product code or production lot number.
Under current rules, a dairy plant operator must keep records of all pathogen and toxin test results. This rule requires no additional recordkeeping or other procedures for dairy plants. Small dairy plants will need no additional professional skills or assistance in order to comply with this rule.
This permanent rule will have minimal financial impact on the dairy industry.
Notice of Hearings
Agriculture, Trade and Consumer Protection
(reprinted from Mid-May, Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed rules
to repeal ch.
ATCP 56, and to repeal and recreate ch.
ATCP 55, relating to meat and meat food products. The department will hold three hearings at the time and places shown below. The department invites the public to attend the hearings and comment on the proposed rules. Following the public hearing, the hearing record will remain open until July 6, 2001, for additional written comments.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-4726. Copies will also be available at the hearings.
Hearing impaired persons may request an interpreter for these hearing. Please make reservations for a hearing interpreter by June 12, 2001, by writing to Carol Winner, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4726. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearings are scheduled at:
Tuesday June 19, 2001, 10:00 a.m. until 2:30 p.m.
Green Bay State Office Building
200 North Jefferson Street
Room 152-A
Green Bay, WI 54301
Handicapped accessible
Wednesday, June 20, 2001, 10:00 a.m. until 2:30 p.m.
WDATCP Regional Office
3610 Oakwood Hills Parkway
Eau Claire, WI 54701-7754
Handicapped accessible
Friday, June 22, 2001, 10:00 a.m. until 2:30 p.m.
Dept. of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53718
Handicapped accessible
Analysis Prepared by the Dept. of Agriculture, Trade and Consumer Protection
This rule repeals and recreates Wisconsin's current meat inspection rules. This rule incorporates major federal law changes affecting Wisconsin's meat inspection program, and repeals current rule provisions made obsolete by the new federal requirements. It also updates, reorganizes and clarifies current state rules.
Background
The United States department of agriculture (“USDA") administers the federal meat inspection program, which is designed to ensure that meat used for human food is safe, wholesome and properly labeled. The Wisconsin department of agriculture, trade and consumer protection (“DATCP") administers a similar meat inspection program for the state of Wisconsin. USDA provides 50% funding for Wisconsin's program. Under federal law, Wisconsin's program must be “at least equal to" the federal program.
Federal and state meat inspection programs have traditionally regulated the production and sale of meat from domesticated food animals such as cattle, swine and poultry. In recent years, they have also begun to regulate the production and sale of meat from other animals, such as farm-raised deer, ratites, captive game animals and captive game birds. The federal program regulates meat sold in interstate commerce. The state program focuses on meat produced and sold within Wisconsin, often by smaller meat establishments.
Animals must be slaughtered subject to state or federal inspection if their meat is sold for human consumption. Slaughter inspection includes ante mortem inspection of live animals and post mortem inspection of carcasses. Slaughter and processing operations must comply with sanitation standards. Meat must bear official inspection marks or legends, and must comply with other labeling requirements.
Federally inspected meat may be sold between states. State-inspected meat may be sold in Wisconsin, but federal law prohibits the sale of state-inspected meat to other states. This prohibition does not apply to state-inspected meat from captive game.
Congress and USDA recently overhauled the entire federal meat inspection program. They replaced the old system, based mainly on visual inspection, with a new “hazard analysis critical control point" (HACCP) system that includes pathogen testing. Wisconsin's meat inspection program must conform to the new federal standards. In the last biennial budget act (
1999 Wis. Act 9), the Wisconsin legislature incorporated the new federal standards by reference under s.
97.42 (4m), Stats.
This rule repeals and recreates DATCP's current meat inspection rules, based on the new federal requirements. It also reorganizes and clarifies current rules. This rule updates current rules related to meat establishment licensing, slaughter inspection, slaughter and processing standards, custom slaughter and processing, mobile custom slaughter and processing, meat labeling, and the production of meat from non-traditional sources such as captive game animals and captive game birds.
Rule Contents
Coverage
This rule applies to persons who slaughter animals for human consumption, or who process, store, transport, sell or distribute meat for human consumption. But this rule does not apply to any of the following:
• Restaurants, vending machine commissaries or catering establishments, regulated by the Wisconsin department of health and family services or its agents, that sell meat only in meals that they serve.
•Federally inspected slaughter or processing establishments.
• Persons slaughtering their own animals, or processing or transporting their own meat, for their own personal or household consumption.
Definitions
This rule defines some important terms used in the rule, including the following:
• “Food animals" means all the following:
□ “Domesticated food animals." This includes cattle, swine, poultry (domesticated chickens, turkeys, geese, ducks, guinea fowl and squab), sheep, goats, farm-raised deer (not captive white-tail deer) and horses.
□“
Ratites." This includes ostriches and emus.
□
“Captive game animals." This includes bison, white-tail deer and other animals of a normally wild type that are produced in captivity for slaughter and consumption. It does not include farm-raised deer, ratites, captive game birds, fish, or game animals kept solely for hunting purposes at a hunting preserve.
□
“Captive game birds." This includes farm-raised game birds, such as pheasants, quail, wild turkeys, waterfowl and exotic birds, which are produced in captivity for slaughter and consumption. It does not include poultry or ratites. Nor does it include game birds kept solely for hunting purposes in a hunting preserve.
•“Meat" means the edible muscle and other edible parts of a food animal.
