Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the July 31, 2001 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(CR 99-151)
An order affecting ch.
ATCP 81 relating to cheese grading, packaging and labeling.
Effective 8-1-01
Final Regulatory Flexibility Analysis
Under this rule, cheese manufacturers will be permitted to use electronic code labeling as an alternative method to list any or all of the items of information required on the manufacturer's label for bulk cheese, as long as the cheese remains under the control and custody of the manufacturer. The decision to label bulk cheese in this manner will be fully voluntary. Coding methods will not be standardized under one uniform system from company to company. Therefore, the manufacturer must provide a scanner or other appropriate device where the cheese is located that enables an employee or agent of the department to decode the information into a readable format. If the cheese is stored in public warehouse facilities, the warehouse may need to make adjustments in its recordkeeping and warehousing operations.
Bulk cheese must be labeled by the manufacturer with a standard, uncoded label format if the cheese will be sold in bulk form at a later date. Bulk cheese is often sold to other cheese packaging plants, manufacturers of processed or cold pack cheese, retail stores, and restaurants that have a need for product label information in a readily understandable format. Standard formats may also be necessary for interstate shipments to comply with labeling laws in other states.
In this rule, Wisconsin grade labeling is prohibited on cheese manufactured in other states or foreign countries. Protection of the “added value" attributable to Wisconsin grade labels for Wisconsin-made cheese will be expected to enhance the marketshare of our state's dairy industry.
Under the rule, licensed cheese graders must maintain and make their grading records available for inspection. Recordkeeping requirements will now include the name of the cheese, identification of the state and dairy plant where the cheese was manufactured, the date of manufacture and the vat identification of each grade lot. Many graders already record and keep this information on a voluntary basis. The required manufacturing information will enable traceback in dairy plant records to ascertain fat and moisture content for each lot of cheese if the fat or moisture content is measured. This requirement has the potential to decrease the need for official sampling when monitoring compliance with standards of identify and the need to place a product under temporary holding order. It will also enable the department to confirm that out-of-state cheese is not grade-labeled with a Wisconsin grade mark.
At the request of industry, this rule eliminates the weight and size requirements for Swiss cheese rindless blocks to provide greater flexibility for our manufacturers to meet the demand of their customers. Other rule changes are minor and technical in nature and are not expected to require any additional reporting or recordkeeping, knowledge or professional skills, nor increase costs to small businesses.
Legislative Committee Action
On March 22, 2001, the department transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Labor and Agriculture on March 28 and the Assembly Committee on Agriculture on April 2, 2001. No action was taken by the Senate Committee on Labor and Agriculture during the review period. The Assembly Committee on Agriculture requested a meeting with the department and a 30-day extension of the initial review period. No action was taken during the extended review period.
Agriculture, Trade and Consumer Protection
(CR 00-183)
An order affecting ch.
ATCP 97 relating to public warehouse keeper license fees.
Effective 8-1-01
Final Regulatory Flexibility Analysis
This rule regulates public warehouse keepers to protect depositors. The regulatory program is funded entirely by license fees. Current fees are not adequate to sustain the program. License fees were last increased in 1994.
This rule increases annual license fees for public warehouse keepers, many of whom are small businesses. The fee increases range from 20% to 25%, depending upon the square footage of space used for storage of property of others, with a maximum increase of $100.
Summary of Comments of Legislative Standing Committees
On April 4, 2001, this department transmitted the above rule for legislative committee review. On April 12, the rule was assigned to the Assembly Committee on Small Business and Consumer Affairs. On April 11, it was assigned to the Senate Committee on Judiciary, Consumer Affairs, and Campaign Finance Reform.
Neither committee took any action on the rule during its review period.
Agriculture, Trade and Consumer Protection
(CR 01-015)
An order affecting ch.
ATCP 161 relating to payments to ethanol producers.
Effective 8-1-01
Final Regulatory Flexibility Analysis
199 Wis. Act 55 created an ethanol payment program under s.
93.75, Wis. Stats. Under this program, the department is authorized to make payments to certain ethanol producers. The legislation requires the department to adopt rules for the program.
To be eligible for a payment, the ethanol producer must produce at least ten million gallons of ethanol per year. The legislation requires the department to pay ethanol producers (who meet the requirements in the statue and rule) .20 cents per gallon for not more than 15 million gallons.
Ethanol producers may only apply if they have been in business for sixty months or less. Furthermore, the entire program is scheduled to sunset on July 1, 2006.
There is little chance that any ethanol producer who can produce the minimum ten million gallons per year would also meet the state's definition of a “small business" contained s.
227.114 (1) (s), Stats. In that statutory section, “small business" means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs fewer than twenty-five full time employees or which has gross annual sales of less than $2,5000,000. Consequently, the department expects this program to have minimal impact on small business in the ethanol production industry.
The program is expected to have a major positive impact on the prices of agricultural products used in the production of ethanol. By providing another market for these agricultural crops, the prices for those crops will likely increase ad this increase in prices will benefit Wisconsin farmers. Since the payment program is designed to promote the purchase or crops grown in Wisconsin, there will be a benefit to Wisconsin small businesses derived from this program and rule.
Legislative Committee Actions
On April 20, 2001, DATCP transmitted the above rule for legislative committee review. On April 23, the rule was referred to the Assembly Committee on Agriculture. On April 25, the rule was referred to the Senate Committee on Labor and Agriculture.
Both committees allowed the review period to expire without taking any action.
An order revising ch.
DOC 306, relating to security.
Effective 8-1-01
Final Regulatory Flexibility Analysis
There is no impact on small business.
Summary of Comments of Legislative Standing Committees
No comments were reported.
An order revising ss.
ETF 10.31 and
10.35, relating to participation in the variable trust funds.
Effective 8-1-01
Final Regulatory Flexibility Analysis
This rule does not affect small businesses.
Summary of Comments of Legislative Standing Committees
No comments were reported.
An order revising chs.
ETF 10 and
20, relating to creditable service.
Effective 8-1-01
Final Regulatory Flexibility Analysis
This rule concerns a retirement program open exclusively to qualifying employees of the state, counties (except Milwaukee County) and municipalities which have elected to participate in the Wisconsin Retirement System, as provided in Wis. Stat. 40.21. The Department therefore anticipates that the provisions of this proposed rule will have no direct adverse impact on small businesses.
Summary of Comments of Legislative Standing Committees
No comments were reported.
Financial Institutions-Securities
(CR 01-025)
