Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the August 31, 2002, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(CR 01-058)
An order affecting ch.
ATCP 80, relating to pathogen tests on ready-to-eat dairy products.
Effective 9-1-02
Summary of Final Regulatory Flexibility Analysis
The Department of Agriculture, Trade and Consumer Protection (DATCP) licenses and inspects diary plants under s.
97.20, Stats. Current DATCP rules under s.
ATCP 80.56 (4), Wis. Adm. Code, require dairy plant operators to report to DATCP the results of any microbiological test that confirms the presence of a pathogenic organism in a pasteurized or ready-to-eat diary product. The current reporting requirement discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from sale.
This proposed rule repeals this counterproductive reporting requirement, and creates alternative rules that will provide better public health protection and encourage more pathogen testing. The proposed changes are already in effect under an emergency rule which the department adopted. The rule will make the temporary rule changes permanent. Under this rule:
• A dairy plant operator may not sell or distribute any ready-to-eat dairy product in which a microbiological test has confirmed the presence of a pathogenic organism or toxin.
•A dairy plant operator must report test results that confirm the presence of pathogens or toxins in ready-to-eat dairy products unless all the following apply:
- The tested product bears a product code or production lot number.
- The operator withholds, from sale or distribution, all ready-to-eat products that bear that product code or production lot number.
Under current rules, a dairy plant operator must keep records of all pathogen and toxin test results. This rule requires no additional recordkeeping or other procedures for dairy plants. Small diary plants will need no additional professional skills or assistance in order to comply with this rule.
This permanent rule will have minimal financial impact on the dairy industry.
Summary of Comments of Legislative Standing Committees
On February 15, 2002, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform and to the Assembly Committee on Agriculture.
•The Senate committee took no action on this rule during the review period.
•The Assembly committee took no action on this rule during the review period.
Financial Institutions - Credit Unions
(CR 02-034)
An order affecting ch.
DFI-CU 72, relating to member business loans.
Effective 9-1-02
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.19 (3m), a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
No comments were received.
Financial Institutions - Division of Securities
(CR 02-041)
An order affecting ch.
DFI-Sec 4, relating to bank sales of certificates of deposit of third-party banks.
Effective 9-1-02
Summary of Final Regulatory Flexibility Analysis
No final regulatory flexibility analysis is included on the basis that the Division of Securities has determined, after complying with s.
227.016 (1) to
(5), Stats., that the rules will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
NR 326, relating to the regulation of swim rafts and the definition of “impoundment" and “similar conveyance".
Effective 9-1-02
Summary of Final Regulatory Flexibility Analysis
The primary manufacturer, Rave Sports of St. Paul, Minnesota, does not qualify as a small business as it is dominant in its field within the meaning of s.
227.114, Stats. Department staff have worked with them to minimize significant economic impacts.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Insurance, Tourism and Transportation. On April 10, 2002, the Assembly Committee on Natural Resources held a public hearing. Following that hearing, the Committee asked the Department to consider modifications to the proposed rule. As a result of negotiations with the Committee, s.
NR 326.08 (2) (a) and
(b) was revised. The exception created for swim rafts which are completely removed from the water on a daily basis or placed in a swim area will be only from the finding in sub. (1) and not the entire section. This will clarify that the exemption in sub. (2) (b) for protective covers, diving boards, ladders and slides also applies to swim rafts that are pulled out of the water or placed in swim areas. In addition, the reference to the height requirement in s.
NR 326.08 (2) (b) is changed to height limitation to more accurately reflect the intent of the provision.
An order affecting ch.
Psy 2, relating to the scheduling of examinations.
Effective 9-1-02
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
PI 35, relating to the Milwaukee parental choice program.
Effective 9-1-02.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
PSC 116, relating to the cost of fuel for electric public utilities.
Effective 9-1-02
Summary of Final Regulatory Flexibility Analysis
The proposed rule would apply to electric public utilities as defined by s.
196.20 (4) (a) (2), Stats. The proposed rule will not affect small businesses as defined in s.
227.114, Stats.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
DWD 15, relating to child support cooperation for Wisconsin works.
Effective 9-1-02
