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.
