Rule-Making Notices (Hearing Notices)

1681 2nd Ave S

PO Box 8021

Wisconsin Rapids, WI 54495-8021

Eau Claire

Eau Claire State Office Building

Room 139

718 W. Clairemont Ave

Eau Claire, WI 54702

Spooner

WI DNR Northern Region Office

Conference Room

810 West Maple St.

Spooner, WI 54801

The hearing sites are fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that 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 given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments may be submitted at the public hearing or in lieu of attending a public hearing, written comments can be submitted by regular mail or email to the contact person listed below. Written comments may also be submitted to the Department using the Wisconsin Administrative Rules Internet website at the web address listed below.

Deadline for Comment Submission

The deadline for submitting comments is 4:30 p.m., on October 22, 2004.

Analysis Prepared by the Department of Health and Family Services

This order proposes revising ch. HFS 196, relating to restaurants, including its Appendix, known as the Wisconsin Food Code. The operator of every restaurant in the state must have a permit from the Department of Health and Family Services or an agent local health department before the restaurant may open for business and the restaurant must maintain its permit in order for it to continue operating. The permit signifies that the restaurant complies with the requirements in ch. HFS 196, which is intended to protect public health and safety. The requirements of this chapter are enforced either by the Department or a local health department that the Department has designated as the Department's agent.

The Department's current rules for restaurants were established in 1985 and most recently revised in 2001. Through sections one to six of this order, the Department is proposing to make the following revisions in HFS 196:

•change the term “limited term restaurant" to “pre-packaged restaurant;"

•define the terms “caterer," “contract cook" and “pre-packaged restaurant;"

•modify table HFS 196.04 to eliminate reference to the term “limited;"

•clarify that caterers operating from their permitted restaurants need not obtain additional permits for locations where the caterer serves food; and

•specify operating conditions under which contract cooks are not required to obtain restaurant permits.

Section seven of this order pertains to the Wisconsin Food Code Appendix to HFS 196 and contains the bulk of the proposed changes. The existing Wisconsin Food Code is modeled after the 1999 Food and Drug Administration (FDA) Model Food Code, which contains model requirements for safeguarding public health and ensuring food is unadulterated and honestly presented when offered to the consumer. It represents FDA's best advice for a uniform system of provisions that address the safety and protection of food offered at retail and in food service. Over 44 U.S. states and territories have adopted some version of the FDA Model Food Code and 9 states or territories are in the rulemaking process to adopt the FDA Model Food Code. The Department, which regulates Wisconsin restaurants under ch. HFS 196, and the Department of Agriculture, Trade, and Consumer Protection (DATCP), which licenses and inspects retail food establishments, such as grocery stores under ch. ATCP 75, jointly adopted the Wisconsin Food Code in 2001 for their respective regulatory activities. A common Wisconsin Food Code for restaurants and retail food establishments ensures that the same rules will apply to all types of food establishments, including combinations. Although DATCP and DHFS (or their local agents) coordinate their activities so that a combined grocery store and restaurant is regulated by DATCP or DHFS, but not both, joint adoption and updating of the Wisconsin Food Code is still important for consistent regulation.

The FDA revised its Model Food Code in 2001. The Department proposes to update the Wisconsin Food Code to the 2001 FDA Model Food Code, which reflects the most currently available science and trends in food safety. In addition, the Department proposes to clarify or correct areas of the Wisconsin Food Code that do not reflect current Department policy. Revisions to the Wisconsin Food Code will also reflect modifications from both the Wisconsin Conference on Food Protection and the National Conference on Food Protection, as well as mutually agreed upon suggestions derived from two years of field application by both the Department and DATCP.

Initial Regulatory Flexibility Analysis

The proposed changes to ch. HFS 196 will have a minimal effect on restaurants. The proposed rule changes principally clarify rule intent and allow flexibility for restaurant compliance.

Small Business Coordinator

Rosie Greer

Department of Health and Family Services

1 W. Wilson St. Rm. 658

Madison, WI 53702

[e-mail]

608-266-1279

Fax: [phone]

Fiscal Estimate

None of the changes in the Wisconsin Food Code will appreciably, if at all, have a fiscal effect on local government or the private sector. The only costs the Department will incur in implementing this rule will be that of copying and distributing the revised Wisconsin Food Code to affected parties. The Department can absorb this cost in its current budget.

For More Information

A copy of the full text of the rules and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at http://adminrules.wisconsin.gov. At this website you can also register to receive email notification whenever the Department posts new information about this rulemaking and, during the public comment period, you can submit comments on the rulemaking order electronically and view comments that others have submitted about the rule.

Copies of Rule and Contact Person

A copy of the full text of the rule and the fiscal estimate may also be obtained by contacting the Department's representative listed below:

James Kaplanek

Division of Public Health

Bureau of Environmental and Occupational Health

Food Safety and Recreational Licensing Section

1 W. Wilson St. Room #1051

P.O. Box 2659

Madison WI 53701-2659

608-261-8361

[e-mail]

Fax: [phone]

Notice of Hearings
(amended from 8/31/04 Wis. Adm. Register)

Natural Resources

Fish, Game, etc., Chs. NR 1—

[CR 04-091]

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 and 227.11, Stats., interpreting s. 29.014, Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 10, Wis. Adm. Code, relating to deer management unit population goals and boundaries. The proposed rule would modify the boundaries of Deer Management Units 35, 38, 39, 75A and 76. The rule would modify the overwinter deer population goals for Units 3, 4, 15, 28, 29A, 61 and 74A. In addition, based on public comments, the Department may make goal or boundary changes to Units 3, 5, 23, 49A, 51B, 59A, 59B, 61 and 74B.

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. The Department's Small Business Regulatory Coordinator may be contacted at:
[e-mail] or by calling [phone].

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 Department will hold an open house for one-half hour prior to each hearing. Department staff will be available to answer questions regarding the proposed rule.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

Wednesday, September 22, 2004

Bill Lazansky Community Center

13412 Hwy. 32/64, Mountain at 6:30 p.m.

Iron River Community Center

East U.S. Highway 2

Iron River at 7:30 p.m.

Thursday, September 23, 2004

2nd Floor Conference Room

Law Enforcement Center

222 N. Beaumont

Prairie du Chien at 6:30 p.m.

Lower Level Meeting Room

Terminal Building

Rhinelander/Oneida County Airport

Airport Road off U.S. Highway 8 West

Rhinelander at 630 p.m.

Town of Brooklyn Administrative Building