Rule-Making Notices (Hearing Notices)

DATCP is working to deliver effective food safety protection as efficiently as possible. DATCP's bureau of food safety and inspection currently has 88 staff -- 12.75 fewer than in 1997 and 15.5 fewer than in 1991. Dairy farm inspection frequency is based on milk quality tests and past inspection performance (DATCP is exploring ways to expand this risk-based approach). DATCP is also working with other agencies to share resources and minimize duplication. For example:

• DATCP works with local government to license and inspect retail food establishments. Twenty-seven local entities license and inspect on behalf of DATCP, compared to 15 in 1997. Local entities now license and inspect 3,800 retail food establishments, and DATCP licenses and inspects the remaining 4,700 establishments.

• DATCP coordinates dairy plant inspection with the United States Department of Agriculture, Agricultural Marketing Service, to avoid duplicate inspection.

• Since 1997, DATCP has worked with the Wisconsin Department of Health and Family Services (DHFS) to eliminate duplicate licensing and inspection of grocery stores, restaurants, and combination grocery-restaurants. DATCP and DHFS have adopted uniform rules for grocery stores and restaurants, to avoid conflicting standards. Standards are based on the federal model food code.

Local Fiscal Effect

DATCP currently provides administrative support to local governments that license and inspect retail food establishments as agents of DATCP. Local governments establish their own license fees, and reimburse DATCP for administrative services costs. The reimbursement amount equals 10% of the license fee that DATCP would charge local license holders, if DATCP licensed them directly. An increase in DATCP license fees therefore increases local reimbursement payments.

In FY 2004, local governments made a total of $50,005 in reimbursement payments. If DATCP adopts the fee increases proposed in this rule, the reimbursement rate will remain at 10%, but the total reimbursement amount will increase to $61,505. This rule thus increases local costs by $11,500 (statewide total). Local governments can (and likely will) pass this increased cost on to retail food businesses. Local governments can set license fees to recover up to 100% of their reasonable operating costs.

Business Impact

This rule increases current license fees for milk producers, dairy plants, food processing plants, food warehouses, milk distributors, retail food stores, dairy, food or water testing laboratories, milk haulers, buttermakers, cheesemakers and butter or cheese graders licensed by DATCP. Many of these licensed entities are “small businesses."

The proposed fee increase is necessary to prevent a deficit in Wisconsin's food safety program revenue account. Fees have not been increased since 1998. The proposed fee increase will have an impact on the affected businesses, but not a dramatic impact. DATCP has worked to maintain a fair and equitable license fee schedule.

Fees are based on actual food safety costs related to each license sector. Fees are also based on business size, food product type, and type of food handling operations. Smaller businesses generally pay lower fees than large businesses, and lower-risk businesses generally pay lower fees than higher-risk businesses.

This rule increases food safety license fees, but does not change other license requirements. This rule requires no additional recordkeeping, and no added professional services to comply. A complete small business analysis (“initial regulatory flexibility analysis") is attached.

Under 2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but will propose a separate rule on that subject. Food and dairy businesses must pay required license fees in order to obtain a license from DATCP.

Federal Regulation

There are no existing or proposed federal regulations related to license fees for food and dairy businesses operating in Wisconsin.

Surrounding State Programs

All of the surrounding states charge license fees to food and dairy businesses. License structure and fees vary between states. Differences in license fees may partly reflect differences in general tax dollar support for food and dairy programs in different states.

Minnesota

Minnesota has a license and fee structure that is similar, but not identical to, Wisconsin's structure:

Dairy Fees – Minnesota
Grade A pasteurizing plant	$500
Grade A farm	$50
Grade A farm reinspection fee	$45
Manufacturing plant	$140 per pasteurizer unit
Manufactured farm	$25
Manufactured farm reinspection fee	$45
Processor assessment	$.07 per cwt for fluid milk products sold for retail sale in Minnesota
Farm bulk milk pick-up tanker	$25
Milk procurement fee	$.0071 per cwt of raw milk purchased

Food Fees – Minnesota
Retail food handler	$50-$2,001 based on sales volume
Wholesale food handler	$57-$1,502 based on sales volume
Food broker	$150
Wholesale food processor or manufacturer	$169-$2,571 based on sales volume

Michigan

Michigan has a license and fee structure that is similar, but not identical to, Wisconsin's structure“

Dairy fees – Michigan
Milk plant	$175
Farms sending milk to plant	$5-$10
Receiving or transfer station	$50
Milk tank truck cleaning facility	$50
Milk transportation company	$20
Milk tank truck	$10
Grade A milk distributor	$50
Single service container and closure plant	$50
Bulk milk hauler/sampler	$40 for 2 years

Food Fees – Michigan
Retail food establishment	$70
Limited wholesale food processor	$70
Food warehouse	$70
Extended retail food establishment	$175
Wholesale food processor	$175
Mobile food establishment	$175
Temporary food establishment	$28
Bottled water manufacturer	$25 for each product registered and $25 for each water dispensing machine

Iowa

Iowa has a license and fee structure that is similar, but not identical to, Wisconsin's structure:

Dairy Fees – Iowa
Milk plant	$2,000 for 2 years
Transfer station	$400 for 2 years
Receiving station	$400 for 2 years
Milk hauler	$20 for 2 years
Milk grader	$20 for 2 years
Bulk milk tanker permit	$50 for 2 years
Reinspection fee	$40
Resealing pasteurizer fee	$100 per reseal
Purchaser of milk fee - Grade A	$.015 per cwt of raw milk purchased
Purchaser of milk fee - Grade B	$.005 per cwt of raw milk purchased

Food Fees – Iowa
Mobile food unit or pushcart	$20
Temporary food establishment	$25
*Food establishment	$30-$225 based on sales volume
*Food service establishment	$50-$225 based on sales volume
Food processing plant	$50-$250 based on sales volume
Egg handler	$15-$250 based on cases sold

*If one establishment must hold both a food establishment and a food service establishment license, each license fee is 75% of the established fee.

Illinois

Illinois has a license and fee structure that is substantially different from the Wisconsin structure:

Dairy Fees – Illinois
Milk plant permit	$100
Receiving or transfer station	$50
Cleaning and sanitizing facility	$50
Milk hauler-sampler	$25
Milk tank truck	$25
Certified pasteurizer sealer	$100

Illinois does not license or charge a fee to most food establishments. The following are fees charged to Illinois food establishments:

Food Fees
Salvage Operator	$100 plus inspection fee based on size
Bottled water manufacturer or distributor	$150
Egg handlers, distributors and breakers	$15-$200 plus inspection fee per case of eggs sold

Notice of Hearing

Commerce
(Fee Schedule)

[CR 05-038]

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (15) (h) to (j), and 101.19, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 2, relating to miscellaneous fee schedule changes.

The public hearing will be held as follows:

Date and Time:

Wednesday, June 15, 2005 at 2:00 p.m.

Location:

Room 3B, Thompson Commerce Center

201 West Washington Avenue

Madison

Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until June 30, 2005, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail].

This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call [phone] or [phone] (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.

Analysis

1. Statutes Interpreted.

Sections 101.02 (15) (h) to (j), and 101.19, Stats.

2. Statutory Authority.

Sections 101.02 (15) (h) to (j), and 101.19, Stats.

3. Related Statute or Rule.

None.

4. Explanation of Agency Authority.

Section 101.02 (15) (h) to (j), Stats., grants the Department general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Section 101.19, Stats., grants the Department authority to promulgate rules to fix and collect fees.

5. Summary of Proposed Rules.

The Division of Safety and Buildings within the Department of Commerce is responsible for administering and enforcing safety and health rules relating to the construction and inspection of dwellings, public buildings and places of employment. The Division of Environmental and Regulatory Services within the Department is responsible for administering and enforcing safety and health rules relating to underground and aboveground flammable and combustible liquid storage tank systems. In the administration and enforcement of those rules, the Department provides numerous services such as plan examination, inspection and certification. The Department, by rule promulgated under chapter 227 of the Wisconsin Statutes, is required to fix and collect fees which must, as closely as possible, equal the cost of providing those services.

Most of the fees charged by the Division of Safety and Buildings and the Division of Environmental and Regulatory Services are contained in chapter Comm 2. The proposed rules consist of miscellaneous changes in chapter Comm 2 in order to address inconsistencies, omissions, format and administration problems that have been discovered since the complete update of chapter Comm 2 in 2000. The proposed rules do not involve a general fee increase.

6. Summary of, and Comparison with, Existing or Proposed Federal Regulations.

There are no existing or proposed federal regulations that address the activities to be regulated by the proposed rules.

7. Comparison with Rules in Adjacent States.

The proposed rules consist of administrative changes specific to the Department's schedule of fees charged for the services provided by the Safety and Buildings Division and the Environmental and Regulatory Services Division. There are no similar rules in the states of Illinois, Iowa, Michigan and Minnesota.

8. Summary of factual Data and Analytical Methodologies.

There were no factual data or analytical methodologies used to develop the proposed rules.

9. Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of Economic Impact Report.

The proposed rules should have a minimal effect on small business. There were no supporting documents used to determine the effect on small business, and an economic impact report was not prepared.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email [e-mail], telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Environmental Analysis

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules.

The rules will affect any businesses that pay fees to the Safety and Buildings Division or the Environmental and Regulatory Services Division for the Divisions' costs of providing certain plan examination and inspection services. Because the proposed rules basically consist of clarifications to address inconsistencies, omissions, format and administration problems, the rules will have a minimal affect on small businesses.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

There are no reporting, bookkeeping or other procedures required for compliance with the rules.

3. Types of professional skills necessary for compliance with the rules.

There are no types of professional skills necessary for compliance with the rules.

4. Rules have a significant economic impact on small businesses.

No. Rules not submitted to Small Business Regulatory Review Board.

Fiscal Estimate

The proposed rules consist of miscellaneous changes in ch. Comm 2 to address inconsistencies, omissions, format and administration problems, resulting in no significant changes in the Department's costs or revenues. The proposed rules will also not have any fiscal effect on local governments or the private sector.

The major format change in the proposed rules consists of modifying the fees related to reviewing storage tank plans and inspecting storage tank installations for Aboveground Storage Tanks (AST) and Underground Storage Tanks (UST). These fees are based on the costs related to staff time for reviewing owner's proposed petroleum storage tank plans and time worked inspecting tank installations.

The Department proposes to change the fee structure to make the total fee easier to calculate. The Department deposits all fees collected into the Petroleum Inspection Fund, which is the funding mechanism behind the positions associated with these activities. Below is a sampling of typical tank systems that are reviewed and the fees assessed by the Department.

Tank Plan Current Proposed Difference

Commercial business with

1,100 gallon capacity UST $163 $160 -$3

Service station with 12,000

gallon capacity UST   $366 $375 $9

Based on departmental analysis, the Department estimates that revenues collected under the proposed plan will closely mirror those currently collected. However, by moving to a new fee methodology based on tank size, year-end revenues are difficult to estimate as they will depend on the changing market demand for these storage systems. Similarly, while the Department predicts decreased costs, they will likely be negligible as they will result from lowered mailing and telephone costs associated with fewer fee issues.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Notice of Hearing

Natural Resources
(Environmental Protection - Water Management)

[CR 05-037]

NOTICE IS HEREBY GIVEN that pursuant to ss. 30.12 (1), (1p) and (3) (br), 30.20 (1), (1k), (1t) and (2), 30.206 and 227.11 (2), Stats., interpreting ss. 30.12 (1g) (a), (g), (h) and (km), (2m), (2r), (3) and (3m), 30.20 (1), (1g), (1k), (1m), (1t) and (2), and 30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 329 and 345, Wis. Adm. Code, relating to miscellaneous structures and dredging in navigable waterways. The purpose of this rule is to establish five additional general permits for waterway activities, with appropriate conditions. Revisions to ch. NR 329 establish a general permit for pea gravel blankets. Revisions to ch. NR 345 establish general permits for non-exempt manual dredging, maintenance dredging, jetting to remove aquatic plants, and dredging less than 25 cubic yards from a river or stream. All activities authorized by general permits must follow technical standards similar to those previously used for short form permits, in Department guidance, or as developed with key stakeholders.

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.