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:
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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.
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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
Commerce
(Ch.
Comm 32, Public Employee Safety and Health)
NOTICE IS HEREBY GIVEN that pursuant to s.
101.055 (3) and
(7), Stats., the Department of Commerce announces that it will hold public hearings on proposed rules relating to public employee safety and health.
The public hearings will be held as follows:
Date and Time:
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Location:
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July 24, 2001
Tuesday
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Room 105
Eau Claire State Office Building
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11:00 a.m.
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718 W. Clairemont Avenue
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Eau Claire
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July 25, 2001
Wednesday
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Room 3B
Thompson Commerce Center
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10:00 a.m.
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201 W. Washington Avenue
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Madison
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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 August 8, 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) 261-6546 or TTY at (608) 264-8777 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.
Analysis Prepared by the Department of Commerce
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 employees through the incorporation by reference of several OSHA standards. Chapter
Comm 32 also contains requirements that add to or modify the OSHA standards.
The proposed rules consist of revisions in chapter Comm 32. In accordance with s.
101.055 (7) (a), Stats., the proposed rules contain a new requirement for public employers to report work-related injuries and illnesses to the Department. Beginning January 1, 2003, the report must be submitted by March 1 of each year. The proposed rules modify the OSHA standards by removing the governmental agency exemption from compliance with the OSHA regulations covering diving operations. The proposed rules also incorporate by reference 3 new OSHA standards relating to needlesticks/bloodborne pathogens, steel erection and recordkeeping.
The proposed rules have been developed with the assistance of the Public Safety Advisory Council. At the time the proposed rules were developed, the members of that citizen advisory council were as follows:
Name
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Representing
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Sheri Ackley
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State Risk Management
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Ken Blomberg
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Wisconsin Rural Water Association
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Jose Bucio
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Wisconsin State AFL-CIO
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Vance Forrest
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Wisconsin Counties Association
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David Hanneman
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Wisconsin Education Association Council
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Ron Kent
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American Federation of State, County & Municipal Employees
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Dave Kodel
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Wisconsin Alliance of Cities
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James Kropp
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Wisconsin Department of Administration
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Ned Paschke
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Madison Metropolitan Sewerage District
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Thomas Rowe
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City of Milwaukee
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Richard Stadelman
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Wisconsin Towns Association
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Ernest Stracener
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University of Wisconsin System
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Dennis Tweedale
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League of Wisconsin Municipalities
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The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site 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.
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 exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
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.
Fiscal Estimate
The Safety and Buildings Division currently administers and enforces the provisions of ch.
Comm 32 as part of the public sector safety and health program. The proposed rules update the existing administrative rules now being enforced, and the new requirements should not significantly affect costs or revenues. Therefore, the proposed rules will not have any fiscal effect on the Division.
At the local government level, there should be no significant fiscal effect. Some of the new requirements may result in additional costs in time and equipment for some local governments; however, these costs should be minimal.
Notice of Hearing
Funeral Directors Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Funeral Directors Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and interpreting ss.
445.03 (1) (b),
445.095 and
445.10, Stats., the Funeral Directors Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber s.
FD 1.07; to amend s.
FD 4.03 (5); and to create ss. FD 107 (2), 4.03 (4m) and 4.045, relating to apprenticeship credit and continuing education.
Hearing Date, Time and Location
Date: July 17, 2001
Time: 10:30 A.M.
Location: 1400 East Washington Avenue
Room 180
Madison, Wisconsin
Appearances at the Hearing
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 August 1, 2001 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
The current rule on apprenticeships does not state that a certain number of embalmings must be performed at various periods during the apprenticeship. In this proposed rule-making order the Funeral Directors Examining Board creates s.
FD 1.07 (2) that specifies the number of embalmings that must be performed at various times during an apprenticeship, and the number of embalmings an apprentice must complete at the conclusion of the apprenticeship.
The current rules on continuing education describe the number of continuing education hours that are required in four content areas. It also describes the procedures for approval of continuing education programs. However, it does not list instructor qualifications. In this rule-making order the board amends its rules to better address the contents of continuing education courses and the qualifications of instructors and specifies the number of continuing education hours that may be obtained from the funeral establishment that employs a funeral director. Section
FD 5.01 (6) is created to establish criteria for instructor approval.
Text of Rule
SECTION 1. FD 1.07 is renumbered FD 1.07 (1).
SECTION 2. FD 1.07 (2) is created to read:
FD 1.07 (2) An apprentice may receive credit for no more than 9 embalmings in any one quarter of his or her apprenticeship. At the conclusion of an apprenticeship, an apprentice shall have completed a total of 25 embalmings.
SECTION 3. FD 4.03 (4m) is created to read:
SECTION 4. FD 4.03 (5) is amended to read:
FD 4.03 (5) No more than
3 7 hours of the 15-hour requirement may be in approved programs in the subject area specified in s.
FD 4.04 (1) (a) 3 (7).
SECTION 4. FD 4.045 is created to read:
FD 4.045 Qualifications for continuing education instructors. Instructors for continuing education shall possess the following minimum qualifications:
(1) Be an instructor of funeral directing who is or has been engaged in the practice of teaching at an accredited institution of higher education.
(2) Be a properly licensed or certified person for the past 5 years.
(3) Be a person who, in the judgment of the board, is qualified by experience or education, or both, to supervise a course of study.
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 Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Optometry Examining Board
