Notice is hereby given that, pursuant to ss.
254.47 (4) and
254.68, Stats., the Department of Health and Family Services will hold public hearings to consider the proposal to repeal HFS 196 Appendix chapter 12, subpart, 12-202.11 (C); to amend HFS 196 Appendix chapter 12, subpart 12-101.12 (A), (C), and (D), 12-201.11 (A) to (D), 12-202.11 (B) and (Note), 12-202.12, 12-401.11 (A) and (Note); to repeal and recreate HFS 196 Appendix chapter 12, subparts12-201.12 and 12-201.13, 12-301.11 and (Note), 12-401.11 (B) and (C), and 12-402.11 and (Note); to create HFS 196 Appendix chapter 12, subpart 12-302.11, relating to certification of food managers.
Hearing Information
The public hearings will be held:
Wednesday, June 4, 2003
Beginning at 11:00 a.m.
Public Health Regional Office
200 North Jefferson Street, Room 152 B
Green Bay, WI 54301
Thursday, June 5, 2003
Beginning at 11:00 a.m.
Marathon County Health Department
Lakeview Professional Plaza
1200 Lakeview Drive, West Conference Room
Wausau, WI 54403
Friday, June 6, 2003
Beginning at 11:00 a.m.
Wilson Street State Office Building
1 West Wilson Street, Room B145
Madison, WI 53701
The hearing sites are fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
Chapter
12 of
HFS 196 Appendix, establishes the requirements for certification of food managers. Section
254.71, Stats., and HFS 196 Appendix, commonly known as the Wisconsin Food Code, require an operator or at least one manager of a food establishment to have achieved a minimum proficiency in food safety through classroom training and examination. The classroom session and examination are administered by independent organizations such as the Tavern League of Wisconsin and the Wisconsin Restaurant Association, or by technical colleges utilizing an examination approved by the Department. In order for an individual to be certified, proof of passing the examination is required to be submitted to the Department along with a $10 certification fee. The certificate may be renewed, within 6 months of the expiration date, by completing a Department-approved recertification training course and payment of a $10 recertification fee. Certification and recertification is valid for a period of 5 years.
1. Increase the certification fee and the recertification fee from $10 for 5 years to $25 for 5 years, with an additional increase to $30 for 5 years effective July 1, 2004.
2. Revise the recertification requirements to be equal to the requirements of the initial certification.
3. Grant automatic approval to create and administer written examinations on food protection practices to testing service organizations that are accredited by the National Conference for Food Protection (NCFP), the recognized authority for setting national standards in food safety.
Justification:
1. Fee Increase: The current fee of $10 for certification and the current fees of $10 for recertification was established at the conception of the certified food manager program in 1994. The cost of maintaining and verifying the registry of certified food managers has increased since then. Health inspectors and certificate holders frequently contact the Department to check on the status of a misplaced certificate, to request duplicates, or to determine when renewal is due. The Department estimates that central office support staff spend 46 hours per week on the certification program. Additional costs related to the program are incurred at each annual inspection. The Department estimates that a 5-year certificate issued for $10 costs the state more than $70 over its 5-year life. The additional revenue generated from these fee increases will enable the Department to maintain the current registry, and to respond in a timely manner to information requests regarding CFMs. Neighboring states currently charge up to $35 for 5-year certificates or renewals.
2. Recertification Requirements: The current recertification requirement is 3 hours of classroom instruction and an examination on the information presented. There are no requirements concerning the content of the examination, nor are individuals required to achieve a passing grade on the examination. The Department believes that recertification requirements that are at least as stringent as the initial certification requirements will increase the level of food safety in each food service operation by reminding the CFM of processes or procedures that may have been forgotten, as well as addressing new trends and problems.
3. Change in Examination Approval: The Department believes it is more appropriate for course materials and examinations to be approved by the NCFP. The NCFP has more expertise and knowledge in this field. Additionally many states are moving in this direction, resulting in improved consistency and uniformity from one jurisdiction to another.
Contact Person
To find out more about the hearings or to request a copy of the rulemaking order, write or phone:
Greg Pallaske
Food Safety and Recreational Licensing Section
Division of Public Health
P. O. Box 2659
Madison, WI 53701-2659
608-266-8351 or, if you are hearing impaired, 608-266-1511 (TTY)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at a hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rules received at the above address no later than June 13, 2003, will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
It is estimated that the Department will receive approximately 12,400 applications for the certification or recertification of food managers in FY04. Increasing the certification and recertification fee from $10 to $25 dollars will increase revenues by $186,000. In FY05 it is estimated that the Department will receive approximately 14,000 applications for the certification or recertification of food managers. Increasing the certification and recertification fee from $25 to $30 in FY05, plus the $15 increase in FY04, will generate an additional $280,000 in revenues.
Due to the 5-year recertification cycle revenues vary from year to year. Assuming on average 12,000 certifications and recertifications per year, this rule will increase program revenues by $240,000 per year.
Initial Regulatory Flexibility Analysis
The Department expects that the proposed increase in certification and recertification fees will impact small businesses where the owner is the certified manager. The Department estimates that the proposed recertification fee of $30 and the $25 fee for the national recertification examination will cost that operator $11 per year. Initial certification will cost an operator $55.
