Rule-making notices
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Accounting Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and s.
442.01 (1), Stats., as created by
2001 Wis. Act 16, and interpreting s.
442.01 (1), Stats., the Accounting Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s.
Accy 1.205, relating to auditing standards, standards for accounting and review services, and standards for attestation engagements.
Hearing Date, Time and Location
Date: December 14, 2001
Time: 9:30 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 December 28, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statute interpreted: Section
442.01
In this proposed rule-making order the Accounting Examining Board proposes to, by reference, all of the following:
(a) The statements on auditing standards issued by the Auditing Standards Board of the American Institute of Certified Public Accountants.
(b) The statements on standards for accounting and review services issued by the Accounting and Review Services Committee of the American Institute of Certified Public Accountants.
(c) The statements on standards for attestation engagements issued by the Auditing Standards Board, the Accounting and Review Services Committee, and the Consulting Services Executive Committee of the American Institute of Certified Public Accountants.
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.
The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
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 Hearings
Agriculture, Trade and Consumer Protection
[
CR 01-124]
(reprinted from 11-15-01 Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on all the following:
•
A rule relating to dairy plants and cheesemakers. This rule modifies chs.
ATCP 80 and
69, Wis. Adm. Code.
•
A temporary emergency rule requiring DATCP approval of laboratory analysts who visually read drug residue screening tests on milk. This emergency rule modifies ch.
ATCP 77, Wis. Adm. Code. DATCP will charge laboratories a fee to cover the cost of evaluating analysts. DATCP adopted this temporary emergency rule effective November 15, 2001.
•
A proposal to adopt the above emergency rule as a “permanent" rule. DATCP proposes to do this by incorporating the emergency rule provisions with its “permanent" rules related to dairy plants and cheesemakers (see above).
DATCP will hold four hearings at the time and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rules. Following the public hearing, the hearing record will remain open until December 15, 2001, for additional written comments.
You may obtain a free copy of these rules 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) 224-4700. 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 November 23, 2001, by writing to Debbie Mazanec, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4712. Alternatively, you may contact the department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearings are scheduled:
Thursday, November 29, 2000, 9:30 a.m. until 12:30 p.m.
WDATCP Eau Claire Regional Office
3610 Oakwood Hills Parkway
Eau Claire, WI 54701-7754
Handicapped accessible
Tuesday, December 4, 2001, 9:30 a.m. until 12:30 p.m.
Appleton Public Library
Lower Level Meeting Room
925 So. Oneida Street
Appleton, WI 54911
Handicapped accessible
Wednesday, December 5, 2001, 9:30 a.m. until 12:30 p.m.
Green County Agriculture Bldg.
2841 6th Street
Monroe WI 53566
Handicapped accessible
Thursday, December 6, 2001, 9:30 a.m. until 12:30 p.m.
U. W. Pyle Center
702 Langdon Street
Madison, WI 53706
Handicapped accessible
The hearing in Madison on Thursday, December 6, 2001, will have videoconference connections with three additional locations. The public may participate in the hearing by testifying or registering an appearance at any of the four sites, and see as well as listen to testimony from other persons at all of the sites. Videoconference connections will be available from 9:30 a.m. until 12:30 p.m. at the following locations:
•
LaCrosse State Office Building, Room B-29
3550 Morman Coulee Road
LaCrosse WI 54601
Handicapped accessible
•
Wisconsin Rapids State Office Building
2610 Industrial Street, Conference Room #4
Wisconsin Rapids WI 54495
Handicapped accessible
•
University of Wisconsin – Green Bay
Instructional Services Bldg. Room #1034
Green Bay, WI 54311
Handicapped accessible
Text of Rule
ATCP 80 and 69 (Proposed Rule)
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Overview
The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") regulates dairy plants to protect consumers and facilitate interstate shipment of Wisconsin dairy products. This rule updates current dairy plant rules under chs.
ATCP 69 and
80, Wis. Adm. Code. Among other things, this rule:
Establishes alternative training options for persons who wish to be licensed as cheesemakers.
Updates current standards for dairy plant facilities.
Authorizes a dairy plant operator to use reclaimed water for dairy plant operations, subject to specified conditions.
Clarifies a dairy plant operator's responsibilities related to the receipt of raw milk from dairy farms.
Modifies current dairy product temperature standards.
Modifies current standards for bacteria and coliform in pasteurized dairy products.
Modifies current restrictions related to the reprocessing of packaged dairy products returned to a dairy plant.
Updates current pasteurization standards, and establishes standards for higher-heat shorter-time (HHST) pasteurizers.
Updates current pasteurization record keeping requirements. Among other things, this rule clarifies record keeping requirements related to high-temperature short-time (HTST) and higher-heat shorter-time (HHST) pasteurization.
Updates current standards related to dairy product fortification, dairy product test methods, and grade A audit surveys.
Makes other drafting and organizational changes to update and clarify current rules.
Background
DATCP currently licenses and inspects dairy plants under s.
97.20, Stats., and ch.
ATCP 80, Wis. Adm. Code. DATCP licenses individual cheesemakers under s.
97.17, Stats., and ch.
ATCP 69, Wis. Adm. Code. Dairy plants processing grade A fluid milk products must hold a grade A permit from DATCP. Dairy plants also have important responsibilities related to dairy farm milk procurement under ch.
ATCP 60, Wis. Adm. Code.
All dairy products must be produced under sanitary conditions. Dairy plants producing grade A fluid milk products must also comply with the interstate Pasteurized Milk Ordinance (PMO). Failure to comply with PMO requirements may jeopardize the interstate shipment of Wisconsin dairy products. Current DATCP rules establish standards for all dairy plants, including grade A dairy plants. DATCP rules incorporate PMO standards.
Current DATCP rules spell out requirements related to:
Dairy plant licensing and fees.
Dairy plant facilities and operations.
Dairy product quality standards and testing.
Pasteurization of dairy products.
Dairy plant records and reports.
Inspection and enforcement.
Cheesemaker license qualifications.
Rule Contents
Cheesemaker License Qualifications
Under current rules, individuals must meet certain training and experience requirements in order to be licensed as cheesemakers. Under current rules, an individual may be licensed if the individual does any of the following:
Completes an 18-month apprenticeship under a licensed cheesemaker.
Completes a 12-month apprenticeship, and either completes a university short course in cheesemaking or obtains a dairy-related associate degree at a vocational school.
Completes a 6-month apprenticeship and obtains a 4-year dairy-related college degree.
This rule creates another option for license applicants. Under this rule, an individual may be licensed as a cheesemaker if the individual completes a 240-hour apprenticeship, and completes DATCP-approved courses in all the following:
Cheesemaking.
Production of safe dairy foods
Hazard analysis critical control point (HAACP) process control.
Milk pasteurization.
Dairy sanitation.
DATCP may license the individual on a conditional basis, and may summarily suspend the license if the license holder fails to meet continuing education and performance standards.
Fluid Milk Products
Fluid milk products must be produced by grade A dairy plants, according to grade A standards. This rule updates the current “fluid milk product" definitions to conform to the interstate Pasteurized Milk Ordinance (PMO).
Dairy Plant Rooms
This rule clarifies, but does not substantially alter, current rules related to room separation in dairy plants. Certain activities must be separated from other activities to prevent contamination of dairy products.
Re-circulated Water; Testing
Under current rules, re-circulated water used in a dairy plant cooler or heat exchanger must be tested semi-annually by DATCP. This rule requires the dairy plant operator, not DATCP, to test semi-annually.
Reclaimed Water
This rule clarifies spells out standards for a dairy plant's use of water reclaimed from the condensation of milk or dairy products. The standards are designed to prevent dairy product contamination that may result from the improper use of reclaimed water. Under this rule:
•
A dairy plant operator may use water reclaimed by means of evaporation, reverse osmosis or ultrafiltration. The water must meet different standards, depending on how it is used.
•
Reclaimed water may not be used for any purpose requiring potable water unless all the following apply:
- DATCP pre-inspects and pre-approves the reclamation system.
- The reclaimed water is free of coliform bacteria.
- The standard plate count of the reclaimed water does not exceed 500 per ml. and meets DNR bacteriological standards.
- The organic content of the reclaimed water is less than 12 mg. per liter.
- The reclaimed water has no off-odors, off-flavors or slime formations. The dairy plant operator must check these things weekly.
- DATCP pre-approves any chemicals used to suppress bacterial growth, tastes or odors in the reclaimed water. Automatic proportioning devices must be used to add chemicals to the water. The dairy plant operator must test at least daily for chemical content. Chemicals may not contain substances that may contaminate dairy products.
- The reclaimed water is stored in properly constructed tanks.
- The dairy plant operator tests the reclaimed water for bacteriological and organic content at least semi-annually, and more often after the reclamation system is initially installed or repaired.
- There are no cross-connections between reclaimed water lines and any public or private water system.
•
Reclaimed water may be used for the limited purposes of producing culinary steam, pre-rinsing food contact surfaces of equipment or utensils, or preparing cleaning solutions if all the following apply:
- The reclaimed water meets all potable water standards, other than bacteriological standards.
- The reclaimed water is used only on the day that it is reclaimed.
- The reclaimed water is automatically maintained at a temperature of not less than 145° F., or is chemically treated to suppress bacterial propagation. Chemical treatments must comply with standards for potable water.
- Distribution lines and hose stations used to distribute the reclaimed water are clearly identified as “limited-use reclaimed water."
- The dairy plant operator posts clear instructions for the use of the reclaimed water. The instructions must limit the purposes for which the reclaimed water may be used.
- Water lines distributing the reclaimed water are not permanently connected to dairy product vessels. Temporary connections must be protected to avoid product contamination.
•
Reclaimed water that does not qualify for any of the above uses may only be used as boiler feed water.
Dairy Plant Personnel; Sanitation
Under current rules, persons with discharging or infected lesions on their hands or arms may not handle unpackaged dairy products. This rule prohibits them from handling unpackaged dairy products unless they have appropriate sanitary protection (including bandages and gloves) specified in this rule.
Equipment and Utensils
Current rules spell out sanitary design and construction requirements for dairy plant equipment and utensils. The current rules incorporate, by reference, “3-A" technical standards published by FDA and the International Association for Food Protection.
Under current rules, persons installing C-I-P (cleaned in place) systems must submit plans for DATCP approval. This rule requires the dairy plant operator, not the installer, to submit the plans. DATCP must act on the plans within 20 business days (currently 30 calendar days).
This rule regulates the use of flexible pipelines in dairy plants, to prevent sanitation hazards. Dairy plant operators may use flexible pipelines, subject to conditions specified in this rule, if rigid pipelines are impractical. This rule also modifies current standards for chlorine sanitizers used to sanitize equipment and utensils.
Milk from Dairy Farms
This rule clarifies a dairy plant operator's responsibilities related to the receipt of raw milk from dairy farms. A dairy plant operator may not collect or receive milk from a dairy farm unless all the following apply:
•
The dairy farm is properly licensed.
•
A licensed milk weigher and sampler collects a sample of the producer's milk (for milk quality testing), and measures and records the temperature and quantity of the producer's milk.
•
The operator complies with applicable milk testing and follow-up requirements under ch.
ATCP 60 (dairy farms).
Bulk Milk Tanker Deliveries
Current rules prohibit a dairy plant operator from receiving a grade A bulk milk tanker delivery unless the bulk milk tanker operator holds a grade A permit for that tanker. This rule also prohibits a dairy plant operator from receiving any bulk milk tanker delivery unless the tanker operator holds a bulk milk tanker license under s.
97.21 (2) (a), Stats., and ch.
ATCP 82.
Product Temperature
Current rules require dairy plant operators to keep dairy products above or below specified temperatures, to prevent hazardous bacterial growth. This rule modifies some of these current temperature requirements.
•
Under current rules, an operator who receives raw grade B milk or grade B dairy products for processing must keep those dairy products at 50º F. or less until they are pasteurized. Under this rule, the operator must keep those grade B dairy products at 45º or less until they are pasteurized (the same temperature currently required for grade A products). There is an exemption for milk received within 2 hours of milking, provided the milk is pasteurized or cooled to 45º within 4 hours.
•
Under current rules, a dairy plant operator may not hold milk or dairy products for more than 4 hours at a temperature that is between 45º F. and 140º F. Certain dairy products are currently exempt. This rule adds some limited exemptions.
•
Under current rules, dairy plant operators must keep certain non-dairy foods (including certain dairy product ingredients) at “safe temperatures" to prevent hazardous bacterial growth. This rule establishes new “safe temperature" requirements for these non-dairy foods, as follows:
- For refrigerated foods: 41º F. (currently 40º F.)
- For heated foods: 140º F. (currently 150º F.)
- For frozen foods: 0º F. (same as now)
Reprocessing Returned Products
Current rules prohibit a dairy plant operator from reprocessing grade A packaged dairy products returned to a dairy plant. There are certain exemptions. This rule prohibits a dairy plant operator from reprocessing any packaged dairy products (not just grade A products) returned to the dairy plant, except that it does not prohibit any of the following:
The use, as ingredients, of packaged dairy products that are specifically manufactured and packaged for use as ingredients in other dairy products.
Reprocessing packaged dry milk and dry milk products, if the inner package is intact.
Reprocessing packaged cheese or butter returned for failure to meet grade or color standards, if the inner package is intact and there is no evidence of product or temperature abuse.
Reprocessing dairy products collected from a packaging defoamer system, or drained from processing equipment at the end of a run, if the products are handled in a sanitary manner and repasteurized.
Reprocessing specifically authorized by DATCP in writing, under terms and conditions specified by DATCP.
Bacteria, Coliform, Yeast and Mold
This rule establishes more comprehensive bacteria and coliform standards for pasteurized dairy products. Under this rule, bacteria counts may not exceed 20,000 per ml. for most pasteurized dairy products. This standard does not apply to cultured dairy products (such as yogurt). Bacteria counts for the following products may not exceed the following levels:
30,000 per ml. for condensed milk, whey, dried whey and nonfat dry milk.
50,000 per gram for frozen desserts, except that the bacteria count for frozen dessert mixes may not exceed 20,000 per gram.
Under this rule, coliform counts in pasteurized dairy products may not exceed 10 per ml., except that coliform counts for pasteurized cheese, cheese products, butter and butter products may not exceed 100 per gram. If pasteurized cheese is manufactured from unpasteurized dairy products, its coliform count may not exceed 1,000 per gram.
Under this rule, the yeast and mold count in pasteurized cottage cheese may not exceed 10 per gram.
Fortified Dairy Products
This rule updates current standards for fortified dairy products. This rule incorporates the latest PMO standards (1999). DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate these standards by reference in this rule.
Milk Quality and Milk Component Test Methods
This rule updates current milk quality and milk component test methods. Milk test methods must be those prescribed in “Standard Methods for the Examination of Dairy Products," 16th edition (1992), or in the “Official Methods of Analysis of the Association of Analytical Chemists (AOAC) International, 17th edition (2000). DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate the updated AOAC standards by reference in this rule. DATCP may approve other test methods.
Pasteurization Standards
This rule establishes standards for higher-heat shorter-time (HHST) pasteurizers, including minimum temperature and hold times This rule also updates standards for conventional batch pasteurizers and high-temperature short-time (HTST) pasteurizers. HTST and HHST pasteurizers must meet technical standards published jointly by FDA, the International Association of Food Industry Suppliers and the International Association of Food Protection. DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate the updated standards by reference in this rule.
DATCP periodically tests pasteurizers according to procedures specified in the PMO. This rule updates current procedures to meet current PMO standards. DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate the updated PMO standards by reference in this rule.
When DATCP determines that a pasteurizer is operating correctly, it seals the pasteurizer to prevent alterations that might allow unpasteurized product to flow through the system. A dairy plant operator must immediately notify DATCP whenever a pasteurizer malfunctions or the operator breaks the seal (to repair a malfunctioning pasteurizer, for example). The dairy plant operator may not resume pasteurizer operations until certain safety requirements are met. This rule expands and clarifies those safety requirements. This rule extends, by 5 days, the current 5-day deadline for resealing the pasteurizer.
Pasteurization Records
This rule expands and updates current pasteurization record keeping requirements. Among other things it expands current record keeping requirements related to HTST and HHST pasteurization. Records must document that pasteurization met minimum standards designed to ensure dairy product safety.
Dairy Plant Records
Under current rules, a dairy plant operator must keep certain records and make those records available for inspection and copying by DATCP. This rule expands and clarifies current record keeping requirements. This rule:
Authorizes a dairy plant operator to keep cleaning and sanitizing records for C-I-P (“cleaned in place") systems in electronic form, with or without a hard copy. Electronic records must be accessible by a DATCP inspector.
Requires a dairy plant operator to keep records related to vitamin fortification of fluid milk products, including inventory records and vitamin assay records.
Grade A Audit Surveys
Under the PMO, current state statutes and current DATCP rules, the Department of Health and Family Services (DHFS) must audit grade A dairy plants and dairy farms for compliance with PMO requirements. DHFS also audits DATCP's compliance program for compliance with the PMO. This rule updates current audit standards to meet current PMO requirements. DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate the updated PMO standards by reference in this rule.
Drafting and Organizational Changes
This rule makes a number of drafting and organizational changes to clarify and update current rules.
ATCP 77 (Emergency Rule and Proposed Rule) Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutes interpreted: ss.
93.12, Stats.
Background
The Department of Agriculture, Trade and Consumer Protection (DATCP) certifies laboratories that test milk, food and drinking water for compliance with public health standards. Laboratory certification helps ensure that public health lab tests are accurate and reliable. DATCP has adopted laboratory certification rules under ch.
ATCP 77, Wis. Adm. Code.
Under current rules, DATCP certifies laboratories and approves analysts who conduct confirmatory drug residue tests on milk samples. But DATCP does not currently approve analysts who conduct “visual read" drug residue screening tests. The U. S. Food and Drug Administration (FDA), recently required states to approve laboratory analysts who conduct “visual read" screening tests. Analysts must be approved by March 1, 2002, or dairy plants may no longer be able to ship milk in interstate commerce.
This emergency rule implements the new FDA mandate. Under this emergency rule, DATCP will immediately begin to evaluate and approve analysts performing “visual read" screening tests, so that approvals will be in place by the March 1, 2002 deadline. DATCP will charge fees to cover the cost of the new program.
The emergency rule will expire after 150 days, unless extended. In order to continue the new program, DATCP also proposes to adopt the emergency rule as a “permanent" rule. This will ensure continued compliance with grade A interstate milk shipment requirements.
Rule Contents
Under this rule, analysts conducting drug residue screening tests on milk must be approved by DATCP. DATCP will evaluate and approve laboratory analysts who conduct “visual read" tests. DATCP will evaluate analysts who work for certified laboratories. Analysts at an approved laboratory will be authorized to conduct “visual read" tests for which the laboratory is also approved. Analysts will be approved to conduct those tests at that laboratory, but will not be approved to conduct the same tests at a different laboratory.
An approved laboratory may not employ unapproved analysts to conduct “visual read" tests. Before DATCP approves an analyst to perform a “visual read" test, DATCP will observe and evaluate the analyst's competency to perform that test. An approval expires on December 31 of each year unless, by that date, the laboratory documents to DATCP that the analyst has completed an annual proficiency test and has correctly identified both positive and negative samples.
Under this rule, a laboratory conducting “visual read" drug residue screening tests must pay the following fees:
•
$500 for initial approval of up to 3 analysts, and $25 for approval of each additional analyst during the same initial laboratory visit.
•
$150 for any subsequent visit to approve analysts, regardless of the number of analysts approved on that visit.
•
$100 for the annual renewal of analyst approvals. A $100 annual renewal covers all analysts currently approved to perform milk drug residue screening tests at that laboratory.
No site visit is required for an annual renewal. An annual renewal does not cover new analysts, nor does it cover analysts performing tests that they have not yet been approved to perform.
Fiscal Estimate
(see p. 19, 11-15-01 Wis. Adm. Register)
Initial Regulatory Flexibility Analysis
(see p. 19, 11-15-01 Wis. Adm. Register)
Notice of Hearings
Agriculture, Trade and Consumer Protection
[
CR 01-125]
(reprinted from 11-15-01 Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed rule to revise ch.
ATCP 60, relating to dairy farm standards. The department will hold four 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 December 15, 2001, for additional written comments.
You may obtain a free copy of these rules 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) 224-4700. 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 November 23, 2001, by writing to Debbie Mazanec, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4712. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearings are scheduled at:
Thursday, November 29, 2000, 9:30 a.m. until 12:30 p.m.
DATCP Eau Claire Regional Office
3610 Oakwood Hills Parkway
Eau Claire, WI 54701-7754
Handicapped accessible
Tuesday, December 4, 2001, 9:30 a.m. until 12:30 p.m.
Appleton Public Library
Lower Level Meeting Room
925 So. Oneida Street
Appleton, WI 54911
Handicapped accessible
Wednesday, December 5, 2001, 9:30 a.m. until 12:30 p.m.
Green County Agriculture Bldg.
2841 6th Street
Monroe WI 53566
Handicapped accessible
Thursday, December 6, 2001, 9:30 a.m. until 12:30 p.m.
U. W. Pyle Center
702 Langdon Street
Madison, WI 53706
Handicapped accessible
The hearing in Madison on Thursday, December 6, 2001, will have videoconference connections with three additional locations. The public may participate in the hearing by testifying or registering an appearance at any of the four sites, and see as well as listen to testimony from other persons at all of the sites. Videoconference connections will be available from 9:30 a.m. until 12:30 p.m. at the following locations:
• LaCrosse State Office Building, Room B-29
3550 Morman Coulee Road
LaCrosse WI 54601
Handicapped accessible
• Wisconsin Rapids State Office Building
2610 Industrial Street, Conference Room #4
Wisconsin Rapids WI 54495
Handicapped accessible
• University of Wisconsin - Green Bay
Instructional Services Bldg. Room #1034
Green Bay, WI 54311
Handicapped accessible
Analysis prepared by the Department of Agriculture, Trade and Consumer Protection
Overview
The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") regulates dairy farms to protect consumers and facilitate interstate shipment of Wisconsin dairy products. This rule updates current dairy farm rules under ch.
ATCP 60, Wis. Adm. Code. Among other things, this rule:
• Requires out-of-state dairy plant operators to test milk procured in this state from Wisconsin producers, and report test results.
• Authorizes milk producers to ship milk to 2 or more dairy plant operators. Each operator must comply with testing, reporting and other requirements related to milk shipped to that operator. One of the operators must take responsibility for producer licensing functions. That operator must pay the producer's license, grade A permit and re-inspection fees, and must perform initial dairy farm inspections and biennial water supply tests required for licensing purposes. Operators must report producer transfers.
• Authorizes milk producers (such as grazers) to discontinue milk shipments temporarily, without jeopardizing their license or permit status.
• Extends current rules to cover farms producing milk from sheep (current rules apply to cows and goats).
• Modifies current hot water capacity requirements for dairy farms.
• Authorizes the use of re-circulated water in plate coolers, subject to conditions specified in this rule.
• Authorizes milk producers to milk directly to bulk transport containers, subject to standards specified in this rule.
• Clarifies milk testing and reporting requirements.
• Requires dairy plant operators to respond immediately if the bacteria count in a producer's milk is more than 750,000 bacteria per ml. (the current “immediate response" level is 1,000,000 per ml.).
•Authorizes electronic reporting of milk test records. Dairy plant operators are encouraged, but not required, to implement electronic reporting by July 1, 2002.
•Requires a dairy plant operator to recover, from producers who contaminate milk with drug residues, the full amount of the operator's loss related to that milk. Under current rules, an operator must test bulk loads of milk, reject contaminated loads, and recover at least part of the loss from offending producers. This rule requires the operator to recover the full value of each rejected load (not just part), plus disposal costs.
•Tightens the current test standard for beta lactam drug residues in milk, and modifies current standards for Neomycin, Chlortetracycline and Oxytetracycline, per federal standards.
•Requires milk laboratories and laboratory analysts to be certified by DATCP, not the Department of Health and Family Services (DHFS). The Legislature recently transferred dairy, food and water lab certification responsibilities from DHFS to DATCP.
• Codifies DATCP's current program of performance- based dairy farm inspection. Under this program, DATCP inspects different farms with different frequency, depending on their performance.
•Updates current sanitation requirements for dairy farms.
• Updates current DATCP administrative procedures.
•Make drafting and organizational changes to clarify and modernize current rules.
Background
DATCP currently licenses and inspects dairy farms under ss.
97.22 to
97.24, Stats., and ch.
ATCP 60, Wis. Adm. Code. All dairy farms must be licensed. Grade A dairy farms must also hold a grade A permit. Only grade A milk may be sold as fluid milk. Grade B milk (and grade A milk) may be used to produce cheese and other non-fluid milk products. Grade A milk typically commands a higher price.
All milk must be produced under sanitary conditions. Grade A milk production must also comply with the Interstate Pasteurized Milk Ordinance (PMO). Failure to comply with PMO requirements may jeopardize Wisconsin interstate milk shipments. Current DATCP rules establish standards for grade A and grade B dairy farms. DATCP rules incorporate PMO standards.
A milk producer typically ships milk to a single dairy plant operator, although this industry custom is changing. DATCP licenses dairy plants located in this state. DATCP does not license out-of-state dairy plants, although it does have authority to regulate out-of-state dairy plants that procure milk in this state from Wisconsin producers. DATCP currently regulates dairy plants under ch.
ATCP 80, Wis. Adm. Code. ATCP 60 also spells out dairy plant responsibilities related to milk procurement from dairy farms.
Under current law, a dairy plant operator must submit milk producer license applications, license fees, and grade A permit applications on behalf of the milk producers who ship milk to that operator. A dairy plant operator must also test producer milk shipments for drug residues, bacteria, somatic cells and other adulterants, and must report test results to DATCP. A dairy plant operator must reject milk that fails to meet critical minimum standards.
Bulk milk haulers collect milk shipments from dairy farms, and transport those shipments to dairy plants. Each bulk tanker load typically includes milk shipments from several producers, although some large producer shipments may fill an entire tanker. The milk hauler weighs and measures the milk at the farm (for payment purposes), and collects a sample of each producer's milk before that milk is commingled with milk from other producers.
The milk hauler transmits producer milk samples to the dairy plant operator's laboratory for testing. The operator tests samples for drug residues, bacteria and somatic cells, and reports test results to DATCP. DATCP regulates milk haulers under ch.
ATCP 82, Wis. Adm. Code, and certifies milk testing laboratories under ch.
ATCP 77, Wis. Adm. Code.
Under current rules, a dairy plant operator must also screen each bulk load of milk before the operator commingles that load with any other loads. If a bulk load tests positive for drug residues, the dairy plant operator must reject it and test the individual producer samples for that bulk load. If a producer sample tests positive for drug residues, the dairy plant operator may charge that producer for the cost of the bulk load.
DATCP inspects currently inspects dairy farms, and monitors milk quality test reports. DATCP inspects grade A dairy farms at a specified frequency, based on dairy farm performance. DATCP inspects grade B farms less frequently. DATCP may suspend or revoke a producer's license or grade A permit for cause, including violations of farm sanitation or milk quality standards. Current rules spell out compliance procedures, including notice and appeal procedures.
Rule Contents
Out-of-State Dairy Plants
Current rules require licensed dairy plants to file license and permit applications for milk producers, pay producer license and reinspection fees, test producer milk shipments, and report test results to DATCP. Current rules do not apply to out-of-state dairy plants, which are not licensed by DATCP, although most out-of-state plants perform these functions voluntarily when procuring milk from Wisconsin producers. This rule requires out-of-state dairy plants to perform these functions when they procure milk in this state from Wisconsin producers. But this rule does not require out-of-state dairy plants to be licensed in this state.
Producer Shipping to 2 or More Dairy Plants
A milk producer typically ships milk to a single dairy plant operator, although this industry custom is changing. Some large producers concurrently ship milk to 2 or more dairy plant operators. This rule allows a producer to ship to 2 or more dairy plant operators if all the following apply:
•Each operator tests milk shipments shipped to that operator, and reports test results. The operator must also comply with other requirements related to those shipments.
•One of the operators files license and permit applications for the milk producer, and pays producer license and reinspection fees. Under this rule, as under current rules, the operator must charge producer reinspection fees back to the producer.
Producer Transferring Between Dairy Plants
A dairy plant operator must notify DATCP if a producer transfers to that operator, or if the operator assumes license and fee payment responsibilities for that producer.
Milk Shipments Discontinued
This rule authorizes a producer (such as a grazer) to discontinue milk shipments for up to 180 days without jeopardizing the producer's license status, and for up to 60 days without jeopardizing the producer's grade A permit status. A dairy plant operator must report to DATCP when the producer stops and resumes shipments.
If a dairy plant operator terminates a milk producer, the operator must report the termination to DATCP. DATCP will revoke the producer's license 30 days after the termination unless the producer is shipping milk to another operator.
Dairy Sheep
Current dairy farm rules apply to cattle and goats. This rule extends current rules to include sheep.
Lighting in Barns, Milking Parlors and Milkhouses
This rule increases the minimum lighting standard in barns, milking parlors and milkhouses. This rule requires at least 30 foot-candles of illumination in milking parlors and milkhouses (current rules require 20 foot-candles).
Water Supply
Under current rules, a dairy plant operator must biennially sample a milk producer's water supply. The water sample must be tested at a certified laboratory. The Legislature recently transferred water lab certification responsibilities from the Department of Health and Family Services (DHFS) to DATCP. DATCP has adopted laboratory certification rules under ch.
ATCP 77, Wis. Adm. Code. This rule updates current dairy farm rules to require lab certification by DATCP, not DHFS.
Hot Water
This rule modifies current capacity requirements for hot water supply systems. This rule eliminates a number of specific capacity requirements, but requires adequate hot water for all milkhouse operations (with a minimum of 10 gallons to clean equipment and utensils). DATCP may approve alternative systems, including heat recovery and continuous flow systems that provide adequate hot water.
Re-Circulated Cooling Water
Current rules prohibit the use of re-circulated water to cool milk. This rule permits the use of re-circulated water in plate coolers if all the following apply:
•The re-circulated water originates from a safe source that complies with DNR rules.
•The re-circulated water is bacteriologically safe, and is protected from contamination. The milk producer must test for bacteria at least twice a year. Test results must meet minimum standards specified in this rule.
•The re-circulating system uses non-toxic coolants.
If a re-circulating water system becomes contaminated, the milk producer must stop using the system until the producer does all the following:
•Eliminates the contamination source and treats the re-circulated water.
•Re-tests the re-circulated water, and determines that the water meets the bacteriological test standards under this rule.
Toilet Facilities
This rule re-states, but does not substantially alter, current standards for toilets on dairy farms. Toilets must comply with applicable DNR and Department of Commerce rules.
Milking Directly to Bulk Transport Containers
Most farmers milk to a permanent bulk tank in the milkhouse, where milk is cooled and stored for shipment. A milk hauler then collects the milk from the bulk tank, and transports it in a bulk milk tanker to a dairy plant. However, some large farmers propose to cut costs by milking directly to the bulk transport container (tanker) in which the farmer then transports the milk to the dairy plant. This rule authorizes producers to milk directly to a bulk transport container if all the following apply:
•The producer controls the operation and maintenance of the bulk transport container. The producer may not collect milk from other producers unless the producer operates as a licensed as a milk hauler under ch.
ATCP 82.
•The bulk transport container is constructed and maintained according to bulk milk tanker standards under ch.
ATCP 82.
•The bulk transport container has an access port that can be sealed.
•The bulk transport container, while parked at the dairy farm, is kept on a pad of concrete other impervious material. The pad must be located next to the milkhouse, to minimize the length of the transport hose between the milkhouse and the bulk transport container.
•All permanent pipelines connecting the bulk transport container to the milk handling system terminate in the milkhouse.
•The milk producer cools all milk to a temperature of 45° F. (7° C.) or lower before the milk enters the bulk transport container. The producer may use a plate cooler, tube cooler or bulk tank to cool the milk. The producer must measure and record milk temperatures.
• The bulk transport container outlet valve is close-coupled and protected with an effective dust cover.
•The producer keeps the bulk milk cooling device, transport hose and bulk transport container outlet valve in clean and sanitary condition.
•The dairy plant operator collects a milk sample, screens for drug residues, and records the temperature and quantity of milk before unloading the bulk transport container.
•The dairy plant operator cleans and sanitizes the bulk transport container after each milk shipment, just as the operator would clean and sanitize a bulk milk tanker under ch.
ATCP 82.
Milk Testing and Reporting
Under current rules, dairy plant operators must test milk from dairy farms and report test results to DATCP. This rule clarifies current reporting requirements and authorizes electronic reporting. Dairy plant operators are encouraged, but not required, to implement electronic reporting by July 1, 2002.
Under this rule, as under the current rule, milk tests must be performed at certified laboratories. Under this rule, milk laboratories and analysts must be certified by DATCP, not the Department of Health and Family Services (DHFS). The Legislature recently transferred dairy, food and water lab certification responsibilities from DHFS to DATCP.
This rule updates current milk test methods. Milk test methods must be those prescribed in “Standard Methods for the Examination of Dairy Products", 16th edition (1992), or in the “Official Methods of Analysis of the Association of Analytical Chemists (AOAC) International", 17th edition (2000). DATCP will ask the Attorney General and the Revisor of Statutes for permission to incorporate these updated technical standards by reference in this rule. DATCP may approve other test methods.
Bacteriological Testing; “Immediate Response" Levels
Under current rules, dairy plant operators must take immediate steps if a producer's milk is found to contain more than 1,000, 000 bacteria per ml. This rule lowers the “immediate" response level to 750,000 bacteria per ml.
Drug Residue Testing
Under current rules, a dairy plant operator must screen each bulk load of milk for drug residues, before the operator commingles that load with any other loads. If a bulk load tests positive for drug residues, the dairy plant operator must reject it and test the individual producer samples for that bulk load. If a producer sample tests positive for drug residues, the dairy plant operator may charge that producer for the cost of the bulk load. Under current rules, the operator must recover at least part of the operator's loss from the offending producer.
Under this rule, the dairy plant operator must recover the full value of each rejected load (not just part) from the offending producer. The operator must also recover any additional transportation, testing and disposal costs caused by the contamination. If there are 2 or more offending producers, the operator must recover pro rata from those producers based on the relative size of their milk shipments in the contaminated bulk load.
This rule tightens current test standards for beta lactam drug residues in milk, and modifies current standards for Neomycin, Chlortetracycline and Oxytetracycline, per federal standards.
Performance-Based Dairy Farm Inspection
This rule codifies DATCP's current program of performance-based dairy farm inspection. Under this program, DATCP inspects different grade A dairy farms with different frequency, depending on their performance. The terms of the performance-based inspection are consistent with the requirements of the Interstate Pasteurized Milk Ordinance (PMO).
Under this rule, DATCP must evaluate each grade A dairy farm every 3 months, based on inspection reports, milk quality tests and department compliance actions during the preceding 12 months. Based on this evaluation, DATCP must place the dairy farm in one of the following categories:
Twelve-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 12 months. DATCP must place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months:
•All of the producer's standard plate counts (SPC) are less than 25,000, except one SPC may exceed 25,000 if it is not more than 100,000.
•All of the producer's somatic cell counts (SCC) are less than 500,000.
•DATCP has not issued any warning for drug residue violations or “key" farm inspection violations.
•No dairy farm inspection report shows more than 5 violations.
•DATCP has not suspended the producer's grade A dairy farm permit or milk producer license.
•The producer's latest water supply test complies with this rule.
Six-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 6 months. DATCP must place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months:
•The dairy farm fails to qualify for the 12-month inspection category.
•DATCP has not issued more than one warning for violations of bacteria or somatic cell test standards.
•DATCP has not issued any warning for drug residue violations or “key" farm inspection violations.
•No dairy farm inspection report shows more than 5 violations.
•DATCP has not suspended the producer's grade A dairy farm permit or milk producer license.
•The producer's latest water supply test complies with this rule.
Four-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 4 months. DATCP must place a dairy farm in this category if the dairy farm does not belong in the 12-month, 6-month or 3-month inspection category, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months.
Three-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 3 months. DATCP must place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months:
The dairy farm does not qualify for the 12-month or 6-month inspection category.
DATCP has done any of the following:
* Issued more than one warning for violations of bacteria or somatic cell test standards.
* Issued more than one warning for drug residue violations.
* Issued more than one warning for “key" farm inspection violations.
* Conducted more than one re-inspection of the dairy farm.
* Suspended the producer's dairy farm license or grade A permit.
Compliance Procedures
This rule clarifies DATCP compliance procedures related to dairy farms. This rule does not make significant changes in current procedures, except that it extends the deadline for holding an informal hearing on a contested drug residue finding. Under current rules, DATCP must hold the informal hearing within 3 business days after the producer requests the hearing, unless the producer requests a later hearing date. Under this rule, DATCP must hold the informal hearing within 10 business days after the producer requests the hearing, unless the producer requests a later hearing date. This new deadline is consistent with the current deadline for holding informal hearings on other contested dairy farm violations.
Fiscal Estimate
(see p. 23, 11-15-01 Wis. Adm. Register)
Initial Regulatory Flexibility Analysis
(see p. 23, 11-15-01 Wis. Adm. Register)
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss.
961.11 (1),
961.16 and
961.19, Stats., and interpreting s.
961.14 (5) (ag), Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create s.
CSB 2.27, relating to the scheduling of certain drugs under ch.
961, Stats., the Uniform Controlled Substances Act.
Hearing Date, Time and Location
Date: February 6, 2002
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
179A
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 February 13, 2002, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Gamma-butyrolactone (GBL) is currently classified under state law as a schedule I drug, s.
961.14 (5) (ag), Stats. This chemical is only classified by DEA as a list one chemical. GBL is legitimately used for industrial, scientific research, food industry uses and other uses. GBL is currently classified as a schedule I controlled substance under state law, but is classified by the Drug Enforcement Administration (DEA)
as a list one chemical. Legitimate uses for gamma-butyrolactone exist for industrial, scientific research, food industry uses and other uses. The Controlled Substances Board has received information that currently the federal Environmental Protection Agency (EPA) has approved the use of GBL as an industrial solvent. The objective of the rule is to delete the schedule I listing of GBL which will obviate the need for obtaining a special use authorization under s.
961.335, Stats.
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Currently, persons having otherwise legitimate possession of GBL for legitimate uses are at risk of prosecution under the Wisconsin Controlled Substances Act in Chapter
961, Wis. Stats. Distributors of GBL located outside of this state and end users located within this state do not currently have the benefit of a limited industrial use exemption for the possession and use of GBL. With the delisting of GBL, the illicit use of GBL would still be prohibited since it is a violation of federal law as GBL is classified as a list one chemical. However, the mere possession and legitimate use of GBL in the state will no longer be a violation of the Uniform Controlled Substance Act.
Text of Rule
SECTION 1. CSB 2.27 is created to read:
CSB 2.27 Deletion of gamma-butyrolactone from schedule I. Section
961.14 (5) (ag), Stats., is amended to read:
Section
961.14 (5) (ag) Gamma-hydroxybutyric acid (commonly known as gamma hydroxybutyrate or “GHB") and gamma-butyrolactone.
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
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.039 (2),
29.319 and
227.11 (2), Stats., interpreting ss.
23.09,
23.11,
29.011,
29.014 and
29.041, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch.
NR 18, Wis. Adm. Code, relating to falconry. Currently there is no permit fee for resident and nonresidents engaging in the sport of falconry, except that nonresidents must obtain a valid small game or general hunting license when hunting with a raptor. Section
29.319, Stats., now provides statutory authority to the department to establish a permit fee by rule. The proposed rule establishes a fee of $75 for a 3-year permit for residents and an annual fee of $100 for nonresidents engaging in the sport of falconry, clarifies definitions and modifies restrictions on the types of raptors used for educational purposes.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, December 11, 2001 at 6:30 p.m.
Lowell Center
610 Langdon Street, Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Sumner Matteson at (608) 266-1571 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal estimate
Based on an estimated 110 resident falconers and an estimated 5 nonresident falconers annually, the annual revenue from the new permit system is expected to amount to $3,250, which will be deposited into the Fish and Wildlife account of the conservation fund. Since a permit system is currently in place for resident and nonresident falconers, there is no major workload increase anticipated that is associated with processing applications.
Written comments on the proposed rule may be submitted to Mr. Sumner Matteson, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 no later than December 21, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [ER-32-01] and fiscal estimate may be obtained from Mr. Matteson.
Notice of Hearings
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.733 (2) (f) and
227.11 (2) (a), Stats., interpreting s.
29.733, Stats., the Department of Natural Resources will hold public hearings on revisions to subch.
II of ch. NR 16, Wis. Adm. Code, relating to fish farms. The proposed rule will:
1. Modify the definition of “natural body of water" to reflect existing water law regulation of “private" ponds and to expand the types of private ponds that are exempt from regulation.
2. Add an exemption for department permitted wetland ponds to the definition of natural body of water consistent with the exemption of waterways considered private under chs.
30 and
31, Stats.
3. Clarify the criteria the department will use to assess permit renewals after the 10-year permit expires.
4. Make minor housekeeping changes including updating permit application deadlines, clarifying statutory enforcement provisions and how multiple waterways on a contiguous parcel of property are permitted, and adding a definition for “department hatching and rearing facilities".
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Fish farms
b. Description of reporting and bookkeeping procedures required: No new procedures
c. Description of professional skills required: No new skills
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, December 18, 2001 @ 6:00 p.m.
Conference Rooms 1 & 2
DNR South Central Region Headquarters
Fish Hatchery Road, Fitchburg
Thursday, December 20, 2001 @ 6:00 p.m.
LMC Room, John Muir Middle School
1400 W. Stewart Ave., Wausau
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Steve Hewett at (608) 267-7501 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal estimate
The minor revisions to the rule will not significantly affect the number of permits, workload, or fees associated with the permitting of natural bodies of waterused as fish farms.
Written comments on the proposed rule may be submitted to Mr. Steve Hewett, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than December 21, 2001. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FH-16-01] and fiscal estimate may be obtained from Mr. Hewett.
Notice of Hearing
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11 (2) (a), Stats., interpreting ss.
292.11 and
292.31 and ch.
160, Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 700,
714,
722,
726 and
749, Wis. Adm. Code, relating to deed restrictions on contaminated lands and soil GIS registry. The rule changes proposed to ch.
NR 726 are needed to clarify the criteria and process for applying deed restrictions and deed notices to contaminated properties where residual soil contamination remains after case closure. The rule changes authorize the creation of a soil geographic information system (GIS) registry that will be available on the Internet to replace the use of most soil deed notices. The rule changes in ch.
NR 749 establish a fee of $200 to enable the Department to recover its costs in managing the GIS Registry. The fee will be charged at the time closure is requested. The soil GIS registry will be analogous to the groundwater GIS registry which will be available on the Internet. Sites closed with residual soil contamination will be placed on the soil GIS registry as a means of notifying future owners/users of the property of the existence of soil contamination.
Because the GIS registry will provide public access to information about residual contamination at properties, this rule repeals s.
NR 714.07(5) which previously required responsible parties to publish a legal notice in a local newspaper when they proposed a performance standard to address residual soil contamination. The rule specifies when deed restrictions are to be placed on properties with soil contamination remaining after site closure. The new rules will help ensure consistent application of deed restrictions by staff at the Department of Natural Resources and the Department of Commerce. The rule change will allow the owners of contaminated properties and other responsible parties to anticipate what restrictions on land use are likely to be required as a condition of case closure by clearly establishing the type of institutional controls that will be required by the agencies at the time of closure in various fact situations.
Other related changes to ch.
NR 700 and
726 are included to define the term “industrial land use", to specify the contents of the required deed instruments and to make the rules that were recently adopted to implement a groundwater GIS registry consistent with these new soil GIS registry rules.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department?s consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Wednesday, January 16, 2002 @ 10:00 a.m.
Video conference participation will be available at:
•Room 021, GEF 2 Bldg, 101 South Webster St., Madison
•Room 139, State Office Bldg, 718 W. Clairemont Ave.,
Eau Claire
•Room 618, State Office Bldg, 200 N. Jefferson St., Green Bay
•Room 542, State Office Bldg, 819 N. 6th Street, Milwaukee
•Room 3, DNR Regional Headquarters, 107 Sutliff Avenue, Rhinelander
•Lower Level Conf. Room, DNR Regional Hdqrs., 810 W. Maple St., Spooner
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dale Ziege at (608) 267-7533 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal estimate
The rule package proposes a change in the ch.
NR 749 fee schedule to enable the department to recover costs in maintaining the soild GIS registry. The fee is $200 per site added to the registry. It is estimated that 500 sites per year will be closed with residual soil contamination and will therefore be required to participate in the soil GIS registry.
Written comments on the proposed rule may be submitted to Mr. Dale Ziege, Bureau of Remediation and Redevelopment, P.O. Box 7921, Madison, WI 53707 no later than February 1, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [RR-9-01] and fiscal estimate may be obtained from Mr. Ziege.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and s.
450.03 (1) (g), Stats., as created by
2001 Wis. Act 16, and s.
450.04 (3) (b), Stats., as amended by
2001 Wis. Act 16, and interpreting ss.
450.03 (1) (g) and
450.04 (3) (b), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order revising chs.
Phar 1 and
2, relating to a pharmacy internship program.
Hearing Date, Time and Location
Date: December 11, 2001
Time: 9:15 A.M.
Location: 1400 East Washington Avenue
Room 179A
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 December 28, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
In this proposed rule-making order the Pharmacy Examining Board creates rules relating to a pharmacy internship program to reflect statutory amendments to s.
450.04 (3) (b), Wis. Stat. effective December 31, 2001. Currently, no board rules exist to specify the requirements for the implementation and administration of a pharmacy internship program and establish necessary procedural and substantive guidelines for such a program.
SECTION 1 defines an “intern." This is necessary to maintain the distinction between the interns and technicians encompassed in Wis. Admin. Code ch.
Phar 7. Interns, with limitations, practice pharmacy. Technicians do not practice pharmacy. Five classes of interns are created.
The first class of intern, s.
Phar 1.02 (4e) (a), defines an intern as a student who is practicing as part of a practical experience program sponsored by the student's school or college of pharmacy.
The second class of intern, s.
Phar 1.02 (4e) (b), defines a student who practices under the direct supervision of a pharmacist. This type of intern typically engages in the practice of pharmacy within the context of summer internships for no credit under a practical experience program.
The third class of intern, s.
Phar 1.02 (4e) (c), defines foreign graduates applying for original licensure who may not have completed a traditional pharmacy internship therefore needing a means to complete an internship in the practice of pharmacy in this state.
The fourth class of intern, s.
Phar 1.02 (4e) (d), defines recent graduates from an approved pharmacy school who have filed an application for licensure with the board and are awaiting board action. This class of intern may need either to obtain additional hours of internship credit to qualify for original licensure, or may be working under the direct supervision of a pharmacist while awaiting final board action on their application.
The fifth class of intern is a statutory creation, restating in the rule for clarity the provisions of s.
450.03 (1) (g), Wis. Stat. These persons have applied for a license under s.
450.05, Wis Stat. (out-of-state licensees) and their practice of pharmacy is limited to performing duties under the direct supervision of a person licensed as a pharmacist by the board and during the period before which the board takes final action on the person's application. This class of intern is not included within the definition of “internship" because this intern does not need to satisfy an internship requirement for licensure under s.
450.05, Wis. Stat. However, a definition as an “intern" is still necessary to place such persons and their supervising pharmacists on notice of the requirements and distinctions between interns and technicians created by Wis. Admin. Code ch.
Phar 7.
An internship in the practice of pharmacy is defined to mean the completion of 1,500 hours in aggregate in the practice of pharmacy in the delineated categories. Not all of the required 1,500 hours need to be completed in any one category, yet a minimum of 1,500 hours must be earned and certified. There are five types of categories of internship experience.
The first category is the practice of pharmacy in a practical experience program consisting of the practice of pharmacy sponsored by a professional Bachelor's of Science degree in pharmacy or Doctor of Pharmacy degree granting institution located in this or another state.
The second category is the practice of pharmacy by a qualified student under the direct supervision of a pharmacist. The hours earned in this category may not count as a part of a practical experience program if previously credited therein. Hours earned in this second category are therefore considered in addition to the hours earned in the practical experience program.
The third category allows foreign graduate applicants applying for original licensure to earn internship credits to qualify for original licensure. This internship is limited to a maximum of 2,000 hours of credit earned at which time the internship is deemed ended. The applicant may not then further engage in the practice of pharmacy until such time a license is granted by the board.
The fourth category allows applicants for original licensure awaiting board action on their application to practice pharmacy under the direct supervision of a pharmacist during the pendency of their application. This internship is limited to a maximum of 1,500 hours of credit earned at which time the internship is deemed ended. The applicant may not then further engage in the practice of pharmacy until such time a license is granted by the board.
The fifth category is created by statute at s.
450.04 (3) (b), Wis. Stat. The statute allows the board to grant credit for practical experience acquired in another state which is comparable to include in an internship and which is approved and verified by the board or by the agency which is the equivalent of the board in the state in which the practical experience was acquired. In determining comparable practical experience the board shall consider the duties performed constituting the practice of pharmacy as described in s.
450.01 (16), Wis. Stat.
SECTION 3 creates the definition of a “supervising pharmacist" who supervises an intern in the practice of pharmacy.
SECTION 4 amends the requirement for original licensure removing the statutory reference to Wis. Stat. s. 450.045, which was repealed.
SECTIONS 5 and 6 amend the required proofs necessary to evidence the successful completion of an internship in the practice of pharmacy and the payment of fees under that section.
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
