Clarifies current certification and testing requirements related to drug residue testing in milk, including requirements for timely confirmation of positive screening test results.
Clarifies that test results reported by a certified laboratory are presumptively valid.
Milk Haulers and Bulk Milk Tankers
This rule updates and modifies current requirements related to milk haulers and bulk milk tankers. Among other things, this rule does all of the following:
Establishes standards for bulk milk tanker cleaning facilities at dairy plants.
Requires dairy plants to keep bulk milk tanker cleaning and sanitizing records for 15 days, rather than 90 days. When a dairy plant operator cleans a bulk milk tanker, the operator must remove the cleaning tag from the last cleaning and keep the removed tag for at least 15 days.
Clarifies that out-of-state bulk milk tankers with grade A permits from other jurisdictions are not required to hold Wisconsin grade A permits.
Requires grade A permit numbers to be clearly displayed on bulk milk tankers.
Clarifies the responsibilities of milk haulers (bulk milk weighers and samplers) related to weighing, measuring, and sampling milk shipments.
Buttermakers and Cheesemakers
This rule clarifies current professional licensing requirements for individuals engaged as buttermakers and cheesemakers. This rule gives license applicants more options for meeting training and experience qualifications.
Standards Incorporated by Reference
Pursuant to s.
227.21, Stats., DATCP will request permission from the attorney general and revisor of statutes to incorporate the following standards by reference in this rule without reproducing the publications in full. This rule updates titles, publication dates, and supporting information for the following publications:
• “Grade A Pasteurized Milk Ordinance," published by the Food and Drug Administration, Public Health Service, U.S. Department of Health and Human Services (2005 Revision).
•“3-A Accepted Practices for the Design, Fabrication and Installation of Milking and Milk Handling Equipment," document #3A606-05, published by “3-A Sanitary Standards, Inc. (November 2002).
•“3-A Sanitary Standards for Farm Milk Cooling and Holding Tanks," document #3A13-10, published by 3-A Sanitary Standards, Inc. (November 2003).
• “3-A Accepted Practices for the Sanitary Construction, Installation, Testing, and Operation of High-Temperature Short-Time and Higher-Heat Shorter-Time Pasteurizer Systems," document #3A603-07, published by 3-A Sanitary Standards, Inc. (November 2005).
• “3-A Sanitary Standards for Stainless Steel Automotive Transportation Tanks for Bulk Delivery and Farm Pick-Up Service," document #3A05-15, published by 3-A Sanitary Standards, Inc. (November 2002).
•“Official Methods of Analysis of AOAC International," published by AOAC International (18th Edition, 2005).
•“Milk and Dairy Beef Residue Prevention Protocol, 2005 Producer Manual of Best Management Practices," published by Agri-Education, Inc.
•“Standard Methods for the Examination of Dairy Products, published by the American Public Health Association (17th Edition, 2004).
•“Compendium of Methods for the Microbiological Examination of Foods, published by the American Public Health Association (4th Edition, 2001).
•“Bacteriological Analytical Manual," published by the Food and Drug Administration, Public Health Service, United States Department of Health and Human Services (8th Edition, Revision A, 1998).
•“Manual for the Certification of Laboratories Analyzing Drinking Water," published by the U. S. Environmental Protection Agency (5th Edition, 2005).
•“Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Environment Federation (20th Edition, 1998).
•“Methods of Making Sanitation Ratings of Milk Supplies," published by the Food and Drug Administration, Public Health Service, United States Department of Health and Human Services (2005 Revision).
•FDA 2400 Series Laboratory Evaluation Forms, published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration (forms that are effective as of the effective date of this rule).
Copies of these publications will be on file with DATCP and the revisor of statutes. Rule notes explain how readers may obtain copies.
Fiscal Estimate
DATCP currently regulates dairy farms, dairy plants, bulk milk weighers and samplers, bulk milk tankers, milk testing laboratories, laboratory analysts, buttermakers and cheesemakers to protect consumers and facilitate the interstate shipment of Wisconsin grade A milk and dairy products.
This rule will not have a significant fiscal impact on state government. This rule updates current rules, but does not make major changes that will increase state government costs. This rule does not change current license fees, and does not have any impact on current state revenues.
Business Impact
DATCP currently regulates dairy farms, dairy plants, bulk milk weighers and samplers, bulk milk tankers, milk testing laboratories, laboratory analysts, buttermakers and cheesemakers to protect consumers and facilitate the interstate shipment of Wisconsin grade A milk and dairy products. Current regulations have an important impact on dairy industry operations, including small business operations. Most dairy farms, and some dairy processing operations, qualify as “small businesses" under s.
227.114, Stats.
This rule makes a large number of technical changes to existing regulations. For the most part, however, this rule will not have a significant impact on affected businesses.
Some rule changes may have a significant impact on some affected businesses. For example, this rule mandates certain pasteurization and cooling requirements that may require some dairy plants to install new or remodeled equipment. DATCP estimates that no more than 5 dairy plants will be affected by this particular requirement. The actual impact will depend on variable factors related to processing operations, current equipment and plant size. This rule delays the effective date of the requirement by one year, so that affected dairy plants will have time to make the necessary changes.
This rule changes current recordkeeping requirements, but the changes should not impose a significant burden on affected businesses. This rule will not require affected businesses to obtain any new professional skills or services.
Federal Regulations
FDA administers the PMO in cooperation with the National Conference on Interstate Milk Shipments (NCIMS). NCIMS, a cooperative organization of states, develops and adopts PMO provisions subject to approval by FDA. FDA audits state compliance, and may “de-list" individual milk shippers or entire states that fail to comply. Other states may refuse to accept milk shipments from “de-listed" states or shippers.
Wisconsin rules must be consistent with the PMO, in order for Wisconsin to ship milk and fluid milk products in interstate commerce. FDA has requested changes in the Wisconsin rules, to make them consistent with the current version of the PMO. This rule updates Wisconsin rules, so they will be consistent with the PMO.
The United States Department of Agriculture (USDA) recommends standards for non-fluid dairy products (such as cheese), and for “Grade B" milk used in the manufacture of those products. USDA evaluates state programs for consistency with its recommended standards. Unlike PMO standards for “Grade A" milk and fluid milk products, the USDA “Grade B" standards are not mandatory. However, Wisconsin and surrounding state rules are consistent with those standards.
USDA and the United States Environmental Protection Agency administer other programs (such as milk marketing orders, pesticide registration and water pollution regulations) that affect the operation of dairy businesses, but the PMO is the primary federal or interstate regulation relevant to this rule. Federal regulations in
21 CFR 1240 mandate pasteurization of milk and prohibit interstate sale of unpasteurized milk and fluid milk products.
Surrounding State Programs
Illinois, Iowa, Michigan and Minnesota are all members of the NCIMS. All 4 states have dairy regulations that are in substantial compliance with the PMO. They also have regulations for “Grade B" milk and non-fluid dairy products (such as cheese) that are substantially equivalent to USDA recommended standards.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.63 and
101.645 Stats., as affected by
2005 Wisconsin Act 200 the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 5 and 20 relating to certification of dwelling contractors and affecting small businesses.
The public hearing will be held as follows:
Date and Time: Location
February 27, 2007 Conference Room 3C
10:00 a.m. 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 March 9, 2007, 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 James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
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 (608) 266-8741 or (608) 264-8777 (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 a request from a person with a disability.
Analysis
1. Statutes Interpreted.
2. Statutory Authority.
3. Related Statute or Rule. None.
4. Explanation of Agency Authority.
Section
101.63 (2m), Stats., empowers the department to promulgate certification rules regarding the financial responsibility of contractors who obtain building permits for work on dwellings. The enactment of
2005 Wisconsin Act 200 further directed the department to promulgate rules establishing educational obligations for contractors who obtain building permits for work on dwellings.
5. Summary of Proposed Rules.
Under current rules the department issues dwelling contractor financial responsibility certifications to businesses and entities that obtain building permits to perform work on one- and two- family dwellings no matter when the structure was initially constructed. The department is proposing to create a new separate certification, dwelling contractor qualifier, issued to an individual in order to fulfill the educational obligations established under
2005 Wisconsin Act 200. The qualifier certification term is proposed for one year and renewal of the certification is contingent upon the holder obtaining 6 hours continuing education. The proposed rules also provide grandfathering provisions for obtaining the contractor qualification certification.
6. Summary of, and Comparison with, Existing or Proposed Federal Regulations.
The proposed rules address administrative issues unique to the department's rules. 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.
An internet search of the State of Illinois' website did not reveal the existence of a state-level licensing or certification for dwelling contractors or home builders.
An internet search of the State of Iowa's website revealed that there is not licensing or certification for building contractors or home builders just a simple registration program that does not require educational perquisites.
The State of Michigan's website indicates that Michigan licenses residential builders and maintenance and alteration contractors. However, the qualifications for the license and its renewal do not appear to require the fulfillment of any educational obligations.
The State of Minnesota website indicates that Minnesota requires residential building contractor and remodeling companies to obtain a license. Each company must designate one individual as a qualifying person who must take the required examination and fulfill the 7-hours of continuing education required to renew the license.
8. Summary of Factual Data and Analytical Methodologies.
In developing the proposed rules the department reviewed the language of
2005 Wisconsin Act 200 together with the existing laws under ss.
101.63 and
101.654, Stats. and the existing administrative rules under s.
Comm 5.31. The department also received input from the statutorily-created Contractor Certification Council. The council's composition reflects a variety of organizations whose memberships include many types of small businesses. The department utilizes advisory councils to gather information on potential impacts in complying with both the technical and administrative requirements of its codes. A responsibility of council members is to bring forth concerns their respective organizations may have with the proposed rules, including concerns regarding economic impacts. (Copies of the council meetings summaries are on file in Safety and Building Division.)
The Contractor Certification Council is comprised of:
Craig Rakowski, Wauwatosa, Wisconsin Builders Association
Jay Statz, Middleton, National Association of the Remodeling Industry
Joseph Welch, Pewaukee, Wisconsin State Council of Carpenters
9. Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Report.
The proposed rules implement the mandates imposed by
2005 Wisconsin Act 200. The Act establishes educational obligations for contractors who need to obtain building permits involving work on one- and two- family dwellings. Currently, a building permit is required for the construction of every new one- and two- family dwelling. The necessity to obtain a building permit for alterations and additions to existing dwellings is at the discretion of each municipality in terms when, if and for what type of work a building permit is required before starting the project. In light of this, the Act and the proposed rules potentially affect a wide variety of contractors and trades, including home builders and contractors, remodeling businesses and roofing contractors. The cost of the department's proposed annual contractor certification is $30. The renewal of the certification is contingent upon the holder obtaining at least 6 hours of continuing education. The continuing education, upon approval by the department, can be provided by anyone. The fee, if any, for a continuing education course or seminar is left to the discretion of the course/seminar provider. The department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.
An economic impact report has not been required pursuant to s.
227.137, Stats.
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.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Assessment
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.
As required under
2005 Wisconsin Act 200 beginning on January 1, 2008 all certified contractors needing to obtain building permits to undertake work on a one- and two- family dwellings will have had to fulfill educational course work unless grandfathered. The renewal of their certifications will be contingent upon the fulfillment of continuing education obligations. The type of businesses affected by the Act and the proposed administrative rules include builders, remodelers and roofers.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no reporting or bookkeeping procedures required for compliance with the rules.
