Rule-Making Notices (Hearing Notices)

Rule-making notices

Notice of Hearings

Agriculture, Trade and Consumer Protection

[CR 05-044]
(Reprinted and corrected from 5/31/05, Wis. Adm. Register)

The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) issues dairy and food licenses. DATCP announces that it will hold a public hearing on a rule related to dairy and food license fees under chs. ATCP 59, 60, 70, 71, 75, 77, 80, 81, 82, and 85, Wis. Adm. Codes.

DATCP will hold public hearings on June 14, June 15, June 16 and one by videoconference on June 17, 2005, at the places shown below. DATCP invites the public to attend the hearing at these locations and comment on the proposed rule. Following the public hearing date, the hearing record will remain open until Ju1y 1, 2005, for additional written comments. Comments may be sent by e-mail to: [e-mail]

This proposed rule is posted at on the Wisconsin Legislative Council web site at http://www.legis.state.wi.us/lc/adm_rules.htm. You may also obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone] or e-mail [e-mail]. Copies will also be available at the public hearing.

Wisconsin Department Agriculture, Trade, and Consumer Protection's small business regulatory coordinator is Keeley Moll. She can be contacted at the following address: Keeley Moll, Wisconsin Department of Agriculture, Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, telephone [phone], e-mail [e-mail]

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by Friday, June 3, 2005 by writing to Debbie Mazanec, P.O. Box 8911, Madison WI 53708-8911, telephone [phone], e-mail:
[e-mail] or by telephoning the message relay system (TTY) at [phone] to forward your call to the department at [phone]. Handicap access is available at all locations for the hearings.

Four hearings are scheduled at the following Dates, Times and Locations:

Tuesday June 14, 2005

11:00 a.m. to 1:00 p.m.

Eau Claire

Eau Claire Division of Food Safety Area Office

Conference Room

3610 Oakwood Hills Parkway

Eau Claire, WI 54701

Wednesday June 15, 2005

11:00 a.m. to 1:00 p.m.

Appleton

Fox Valley Technical College

Room B126

1825 N. Bluemound Drive

Appleton, WI 54912

Thursday June 16, 2005

11:00 a.m. to 1:00 p.m.

Waukesha

Waukesha State Office Building

Department of Transportation Offices

Room 247

141 NW Barstow St.

Waukesha, WI 53188

Video Conference Hearing

June 17, 2005

11:00 a.m. 1:00 p.m.

At the following sites:

Main Broadcast Center

Madison

UW Pyle Center

Room 227

702 Langdon Street

Madison, WI 53706

Green Bay

Green Bay State Office Building

Room 618

200 N. Jefferson St.

Green Bay, WI 54301

Monroe

Monroe High School

Distance Learning Lab - B01

Use Gymnasium Entrance

1600 26th St

Monroe, WI 53566

La Crosse

La Crosse State Office Building

Dept of Transportation

Room B29

3550 Mormon Coulee Rd.

La Crosse, WI 54601

Wausau

UW Marathon County -Wausau

Distance Education & Instructional Technology

Room 218

518 South 7th Avenue

Wausau, WI 54401

Background Summary

This rule increases current license and reinspection 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. This rule increases fees beginning in 2006.

This rule also provides for annual license fee adjustments (up or down) beginning in 2007, based on the prevailing cash balance in Wisconsin's food safety program revenue account. Any upward adjustment of fees must be submitted to an industry advisory council and approved by the Board of Agriculture Trade and Consumer Protection. All annual fee adjustments, whether up or down, must be published in the Wisconsin administrative register.

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection (DATCP)

The Department of Agriculture, Trade and Consumer Protection (“DATCP") administers Wisconsin's dairy and food safety program. The program is funded, in part, by dairy and food license fees. This rule modifies current license fees. It also provides a mechanism and criteria for future license fee adjustments.

Rulemaking Authority

Statutory authority: 93.07 (1), 93.09 (10), 93.12 (7), 97.17 (4), 97.175 (2), 97.20 (2c) (b), (2g) (b), (2n) (b), (2w) and (4), 97.21 (4m) and (6), 97.22 (2) (b), (4) (am) and (8), 97.27 (3m) and (5), 97.29 (3) (am), (cm) and (5), 97.30 (3m) and (5), and 98.146 (4), Stats.

Statutes interpreted: 93.09, 93.12, 97.17, 97.175, 97.20, 97.21, 97.22, 97.27, 97.29, 97.30 and 98.146 (4), Stats.

Rule Content

General

This rule increases current license and reinspection 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. This rule increases fees beginning in 2006.

This rule also provides for annual license fee adjustments (up or down) beginning in 2007, based on the prevailing cash balance in Wisconsin's food safety program revenue account. Any upward adjustment of fees must be submitted to an industry advisory council and approved by the Board of Agriculture Trade and Consumer Protection. All annual fee adjustments, whether up or down, must be published in the Wisconsin administrative register.

Initial Fee Increase