Scope statements
Agriculture, Trade and Consumer Protection
Subject
Food and Dairy License Fees. Objective of rule: Provide adequate funding for state food safety programs. This rule could increase license fees for any or all of the following:
• Food processing plants
•Food warehouses
•Retail food establishments
•Dairy plants
•Dairy farms
Policy Analysis
The Department of Agriculture, Trade and Consumer Protection enforces Wisconsin's food safety laws. Among other things, the department licenses and inspects food processing plants, retail food establishments, food warehouses, dairy plants and dairy farms. These programs are designed to safeguard public health, and ensure a safe and wholesome food supply. They also facilitate the sale of Wisconsin dairy and food products in interstate and international markets.
Wisconsin's food safety programs are funded by general tax dollars (GPR) and industry license fees (PR). In 1991, license fees funded about 40% of program costs. The 1993-95 biennial budget act reduced GPR funding, and required a higher percentage (50%) of license fee funding. Annual program costs increase due to external factors, such as inflation and statewide pay increases which are not under the department's control. Because of these factors, fees were raised again in 1998. Currently, annual expenditures exceed annual revenues due to the rising costs. The department estimates a balance at the end of FY 2002-2003 that is equivalent to two months operating expenses. In FY 2003-2004, a new fee schedule will need to be in place to ensure the account has sufficient revenues and is not in a deficit.
In order to maintain current food safety inspection services, the department is considering the need to increase license fees by rule. The department has not yet determined whether, or to what extent, specific license fees may be increased.
Policy Alternatives
•Keep food and dairy license fees at their current levels. If the department continues to inspect food and dairy establishments at the current frequency, this will produce a deficit in the food safety program revenue account beginning in FY 2003-04.
• Reduce the current frequency of food safety inspection. This could have the following consequences:
• Increased food safety risks. In 1990, a Food Safety Task Force found that the department was not inspecting food establishments with adequate frequency, and recommended increased inspection for food safety. (This finding was limited to food, not dairy, establishments.) As a result, during the past decade, as the number of dairy farms has decreased, inspection resources have been reallocated to other, higher risk food inspection activities (e.g., food processors and food retail establishments that process potentially hazardous food).
• Interstate sales of milk and dairy products would be jeopardized. Wisconsin sells approximately 85 percent of its dairy output in interstate commerce. Dairy inspection frequency is dictated by the interstate Pasteurized Milk Ordinance (PMO), and cannot be unilaterally altered by the State of Wisconsin. If the department fails to inspect at the frequency dictated by the PMO, the federal Food and Drug Administration will decertify the state, and other states will refuse to accept shipments of grade A milk and dairy products from Wisconsin. This will cripple Wisconsin's dairy industry.
Statutory authority
• The department licenses and inspects food processing plants under s.
97.29, Wis. Stats., and ch.
ATCP 70, Wis. Adm. Code. Under s.
97.29 (3), Wis. Stats., the department may adjust license fees by rule.
•The department licenses and inspects food warehouses under s
. 97.27, Wis. Stats., and ch
. ATCP 71, Wis. Adm. Code. Under s
. 97.27 (3), Wis. Stats., the department may adjust license fees by rule.
• The department licenses and inspects retail food establishments under s.
97.30, Wis. Stats., and ch.
ATCP 75, Wis. Adm. Code. Under s.
97.30 (3), Wis. Stats., the department may adjust license fees by rule.
• The department licenses and inspects dairy plants under s.
97.20, Wis. Stats., and ch.
ATCP 80, Wis. Adm. Code. Under s.
97.20 (2), Wis. Stats., the Department may adjust license fees by rule.
• The department licenses and inspects dairy farms under s.
97.22, Wis. Stats., and ch.
ATCP 60, Wis. Adm. Code. Under s.
97.22 (2), Wis. Stats., the department may adjust license fees by rule.
Staff Time Required
The department estimates that it will use approximately 0.5 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, consulting with stakeholders, holding public hearings, and communicating with other affected persons and groups. The department will assign existing staff to develop this rule.
Barbering and Cosmetology Examining Board
Subject
Regulation of barbers, cosmetologists, aestheticians, electrologists and manicurists. Objective of the Rule. To make changes relating to laser hair removal, microdermabrasion and chemical skin peels; tattooing, body piercing and tanning booths; limitations on the use of lancets; massages for cosmetic purposes; and non-evasive cutting.
Policy Analysis
The current law does not clearly address issues pertaining to laser hair removal, microdermabrasion and chemical skin peels.
The law pertaining to body piercing, tattooing and tanning booths is clearly stated in statutes and rules enforced by the Department of Health and Family Services.
The law permits the use of lancets; it does not adequately address the sterilization and disposal of lancets.
The law defines “manicuring" to include “massaging that is limited to the hands, feet or nails of the human body.
The law defines “manicuring" to include “cutting" that is limited to the hands, feet or nails of the human body.
The proposed rules would identify procedures, such as laser hair removal services, microdermabrasion and certain chemical skin peels, that may only be done as directed, supervised and inspected by a physician who has the power to direct, decide and oversee the implementation of the client services provided. The proposed rules would prescribe formal written protocols.
The proposed rules would provide references to the regulation of body piercing, tattooing and tanning booths by the Department of Health and Family Services.
The proposed rules would limit the use of lancets and prescribe how they would be disposed of.
The proposed rules would define “massaging" and “cutting," as these terms are used in certain subsections under s.
454.01, Stats.
Statutory authority
Staff Time Required
100 hours.
Commerce
Subject
Mine safety fees.
Objective of the rule. To revise the provisions of the Department's administrative rules, Chs.
Comm 2 &
8 relating to the mine safety fees charged by the Division of Safety and Buildings. This revision is intended to provide a more equitable fee structure for those people receiving mine safety services from the Department.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives.
Policy Analysis
Section
101.19, Stats., requires the Department to fix and collect fees by rule which shall, as closely as possible, equal the cost of providing services. The Department's current fees for the mine safety program in chapter Comm 2 basically consist of an annual safety service fee based on aggregate production and do not accurately relate to the level of services provided. The proposed rule would reduce the production-based fees and create a more equitable fee-for-service mechanism. A fee more closely related to the cost of the mine safety courses conducted by the Department will be instituted. Concern has been expressed about the mine safety program not operating under a fee-for-service concept similar to other programs within the Division. The alternative of not revising the fees would result in the continued payment of fees by some people for services not received from the Department.
Statutory authority
Staff Time Required
The Department estimates that it will take approximately 100 hours to develop this rule. This time includes meeting with an advisory council, then drafting the rule and processing the rule through public hearings and legislative review. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Commerce
Subject
Mechanical Refrigeration.
Objective of the rule. The objective of the rule is to update ch.
Comm 45 to current national standards and to compare that chapter with the International Mechanical Code (IMC).
Policy Analysis
Chapter
Comm 45 establishes minimum technical standards for the safe design, construction, installation, operation and inspection of mechanical refrigeration systems. The chapter closely follows a national standard issued by the American Society of Heating, Refrigerating and Air-Conditioning Engineers. This rule project will update the chapter and it will evaluate adopting by reference the IMC to replace some of the provisions in chapter Comm 45.
The alternative of not revising the chapter would result in the Administrative Code not being up-to-date with current national standards.
Statutory authority
Staff Time Required
The department estimates that it will take approximately 400 hours to develop this rule. This time includes forming and meeting with an advisory council, then drafting the rule and processing the rule through public hearings and legislative review. The department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Natural Resources
Subject
Chapter
NR 18, Falconry. A) Establishment of falconry fee for resident and nonresident falconers. The proposed fee is $75 for a 3-year resident license and $100 for a 1-year nonresident license. B) Elimination of restrictions on type of raptor used for educational purposes. Resident and nonresident falconers will be affected by the proposed rule.
Policy Analysis
The proposed rule represents a change from past policy. The facts that necessitate the proposed change include the following: 1) Currently there is no fee associated with the practice of falconry for resident falconers and there is no fee associated with a nonresident trapping permit. Nonresidents currently must purchase a valid small game or general hunting license when hunting with a raptor. 2) Currently, a permittee may use only buteos, falcons and great horned owls for educational programs.
Statutory authority
Staff Time Required
28 hours.
Natural Resources
Subject
Amend ch.
NR 115 - Wisconsin's Shoreland Management Program. Pursuant to ss.
59.692 and 281. 31 Wis. Stats., ch.
NR 115 provides that shoreland zoning regulations shall: “further the maintenance of safe and healthful conditions; prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses, and reserve shore cover and natural beauty." Chapter
NR 115 contains the statewide minimum standards for the shoreland zoning in unincorporated areas. With the exception of the wetland provisions added in the early 1980's, the basic county shoreland zoning standards have essentially remained unchanged since ch.
NR 115 was created. However, a number of the provisions found in ch.
NR 115 are outdated and/or difficult to enforce. In addition, development pressures have increased, more property owners want to improve nonconforming structures, are seeking variances, and the resulting impacts need to be addressed.
Groups likely to be impacted by these issues include a) property owners; b) zoning administrators and county officials; c) realtors; d) contractors, and others who provide land alteration services; e) members of the public who recreate on or near navigable waters.
Policy Analysis
The county shoreland zoning standards found in ch.
NR 115 were established in the late 1960's based on a combination of the best available scientific information, professional judgment, and the feasibility of implementation. The standards for minimum lot widths, restrictions on vegetative cutting, and the building setback distances were intended to create a buffer to minimize disturbances to aquatic resources and preserve the natural beauty of our lakes, rivers and streams.
Current development pressures pose major challenges to the Shoreland Management Program, primarily because the state standards in ch.
NR 115 have not been amended to keep pace with the changing times. Waterfront development is booming across the state, with property values increasing up to 400% in the early 1990s for some northern counties. In southeast Wisconsin, most lakes larger than 10 acres have developed shorelines. Many homeowners and visitors seek out lakes and rivers as havens to enjoy natural beauty in a quiet setting, yet the sheer number of users and owners can create user conflicts and put pressure on limited resources. The scarcity of prime waterfront lands means that areas once passed over for residential development are now being developed.
The rule will contain new minimum standards for local shoreland zoning ordinances indirectly affecting polluted runoff, but the rule will not directly address pollution prevention or waste minimization.
Statutory authority
Staff Time Required
820 hours.
Natural Resources
Subject
Creation of ch.
NR 353 relating to the regulation of wetland conservation and management activities.
Wetland conservation (restoration, establishment, enhancement, protection/maintenance) and management activities are both a national and state priority. These activities have become an important and significant program component of many of the natural resource agencies and non-governmental organizations operating in Wisconsin The use of existing waterway and wetland regulations for wetland conservation and management activities has caused frustration, delays and lost opportunities in a number of cases. The major interest groups will be the Natural Resources Conservation Service, U.S. Fish and Wildlife Service, Wisconsin Waterfowler Association, Wetlanders, Wisconsin Wetlands Association, Sierra Club, Ducks Unlimited and a number of private wetland restoration consultants.
Policy Analysis
The department's wetland strategy, “Reversing the Loss" and s. NR. 1.95, “Wetland Policy", recognize the need to both encourage wetland conservation and management activities that meet a full range of ecological concerns and multiple purposes while allowing, in certain cases, the restoration, establishment, enhancement, protection/maintenance and management of wetlands for a single purpose.
Statutory authority
Staff Time Required
485 hours.
