This rule applies only when the Governor, by executive order, issues an emergency declaration. The emergency declaration determines the scope of coverage, and may exempt certain business sectors from coverage. This rule applies only for the period of time that the emergency declaration remains in effect.
This rule provides some latitude for price adjustments in response to supply and demand, and allows sellers to pass on bona fide cost increases. However, this rule does ultimately set limits on the prices that manufacturers, wholesaler distributors and retailers may charge. Some sellers may withhold goods or services from the market rather than sell at those limited prices. Retailers may benefit from wholesale price limitations, but may suffer from wholesaler decisions to withhold goods or services from distribution.
Under
2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has adopted a separate rule outlining its small business enforcement policy (see ATCP 1, subch. VII). DATCP will follow that rule in the administration of this price gouging rule. DATCP will, to the maximum extent feasible, seek voluntary compliance with this price gouging rule.
This rule first applies to small businesses 2 months after it first applies to other businesses, as required by s.
227.22 (2) (e), Stats. This rule will not apply to small businesses during declared emergencies that fall within that 2-month period, but will apply to small businesses during subsequent declared emergencies. If a declared emergency period starts before the small business effective date, but extends beyond the small business effective date, this rule will apply to small businesses for that portion of the emergency period that occurs after the small business effective date.
Notice of Hearings
Agriculture, Trade and Consumer Protection
[
CR 07-006]
(Reprinted from 1/31/07 Wis. Adm. Register)
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on proposed amendments to chapters ATCP 60, 69, 77, 80 and 82, Wis. Adm. Code, relating to safe production, processing, distribution and sale of milk and dairy products.
DATCP will hold four public hearings at the times and places shown below. DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Monday, March 19, 2007, for additional written comments. Comments may be sent to the Division of Food Safety at the address below, by email to
debbie.mazanec@datcp.state.wi.us, or online at:
https://apps4.dhfs.state.wi.us/admrules/public/Home.
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4712 or emailing
debbie.mazanec@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:
https://apps4.dhfs.state.wi.us/admrules/public/Home.
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to
Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by February 12, 2007, by writing to Deb Mazanec, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4712. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Hearing Dates and Locations
Tuesday, February 20, 2007
10:00 a.m. to 1:00 p.m.
Appleton Public Library, Room C
225 N. Oneida Street
Appleton, WI 54911
Wednesday, February 21, 2007
10:00 a.m. to 1:00 p.m.
State of Wisconsin Office Building, Room 105
718 W. Clairemont Avenue
Eau Claire, WI 54701
Friday, February 23, 2007
10:00 a.m. to 1:00 p.m.
Green County Agriculture Building Auditorium
2841 6th Street
Monroe, WI 53566
Monday, February 26, 2007
1:00 p.m. to 4:00 p.m.
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive, Board Room (CR-106)
Madison, Wisconsin, 53718-6777
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule updates current rules related to safe production, processing, distribution and sale of milk and dairy products. This rule affects dairy farms, dairy plants, milk haulers, milk testing laboratories, buttermakers, cheesemakers and others. Among other things, this rule:
Brings Wisconsin rules into conformity with the Interstate Pasteurized Milk Ordinance (“PMO"). Milk and fluid milk products must be produced in compliance with the PMO, in order for Wisconsin to be able to ship those products in interstate commerce.
Updates current rules to accommodate new dairy industry technology and practices.
Clarifies current statutory prohibitions against the sale of raw milk to consumers, consistent with administrative law judge decisions.
Clarifies some rule provisions, so they will be easier to read and understand.
Statutory Authority
Statutes interpreted: ss.
93.09,
93.12,
97.02,
97.03,
97.09,
97.12,
97.17,
97.175,
97.20,
97.21,
97.22,
97.24,
97.50,
97.52,
98.145 and
98.146.
The Department of Agriculture, Trade and Consumer Protection (“DATCP") is responsible for administering Wisconsin food safety and labeling laws, including laws related to the safety of milk and dairy products. DATCP licenses and regulates dairy farms, dairy plants, milk haulers, milk testing laboratories and analysts, bulk milk weighers and samplers, and others. DATCP has broad authority to regulate these entities, to ensure safe and wholesome dairy products and fair business practices.
Milk and fluid milk products must be produced and distributed in compliance with “Grade A" standards under the Interstate Pasteurized Milk Ordinance (“PMO"). If Wisconsin fails to comply with the PMO, Wisconsin may be precluded from shipping milk and fluid milk products in interstate commerce. Under s.
97.24, Stats., DATCP must adopt “Grade A" rules that are in substantial accord with the PMO.
DATCP has broad authority, under s.
93.07(1), Stats., to adopt rules needed to interpret and implement laws under its jurisdiction. In addition, DATCP has the following rulemaking authority:
Under s.
93.07 (2), Stats., to prescribe forms used in connection with DATCP programs.
Under s.
93.09 (1), Stats., to adopt grading, packaging and labeling standards for food.
Under ss.
93.12 (3) and
(5), Stats., to adopt rules for laboratories testing milk and dairy products.
Under s.
97.09 (1), Stats., to adopt food standards of identity, composition and quality.
Under s.
97.09 (4), Stats., to regulate the production, processing, packaging, labeling, transportation, storage, handling, display, sale, and distribution of food to protect the public from adulterated or misbranded foods.
Under s.
97.24 (3), to adopt rules for the production, processing, pasteurization, distribution and testing of milk and dairy products. Rules for milk and fluid milk products must be in substantial accord with “Grade A" standards under the PMO.
Under s.
97.52, Stats., to establish sanitary standards for the production, handling and transportation, inspection and testing of milk and dairy products.
Background
The United States Food and Drug Administration (“FDA") recently completed an audit of Wisconsin's dairy regulatory program. FDA requested a number of changes in current DATCP rules, to make the rules more fully consistent with the current (2005) version of the PMO. This rule makes changes requested by FDA. This rule also makes other changes to update and clarify current rules, and to accommodate changing dairy industry technology, organization and practices. The changes in this rule are, for the most part, technical in nature. However, some rule changes may require significant changes by some dairy businesses (see Business Impact Analysis below).
DATCP and others have proposed major reforms to modernize and streamline the PMO. However, those reforms will require action at the national level and by other states. In the meantime, Wisconsin must comply with existing PMO requirements.
Rule Content
Dairy Farms
This rule updates and modifies current rules related to dairy farms. Among other things, this rule does all of the following:
• Incorporates PMO requirements related to gravity flow manure handling systems and liquid manure storage.
• Clarifies milk hauler responsibilities relating to mixing, sampling, and testing milk shipments.
• Spells out standards and procedures related to Wisconsin's performance-based dairy farm inspection system.
• Updates drug residue action levels and safe levels, consistent with the PMO.
• Clarifies dairy plant and DATCP responsibilities relating to testing milk from dairy farms, and reporting test results.
•Spells out new requirements related to the safety of water used in milking and processing operations.
• Clarifies milk temperature monitoring and recording requirements, and requires dairy farms to keep milk temperature records for at least 6 months (extended from 90 days under current rules).
Clarifies drug residue testing procedures, including requirements confirmation of positive screening tests and rejection of milk shipments pending follow-up testing to show that drug contamination has been eliminated.
• Clarifies producer and installer responsibilities for obtaining DATCP review of dairy farm remodeling plans.
•Expands rule coverage to include all “milking animals," not just cows, sheep and goats.
•Expands current requirements related to dairy farm and dairy plant cooling systems.
•Clarifies the current statutory prohibition related to the sale of unpasteurized “raw milk" to consumers, consistent with administrative law judge decisions. Raw milk sales have been implicated in a number of serious food-borne disease outbreaks in Wisconsin and elsewhere.
•Eliminates current requirement related to dairy plant testing for coarse sediment in milk.
Dairy Plants
This rule updates and modifies current rules related to dairy plants. Among other things, this rule does all of the following:
Strengthens water safety requirements and clarifies that DATCP, rather than the dairy plant operator, must perform certain water safety tests.
Clarifies cleaning and sanitizing requirements.
Clarifies milk testing requirements, including drug residue testing requirements. Among other things, this rule clarifies testing requirements for farms that milk directly to bulk milk tankers.
This rule eliminates coarse sediment testing requirements.
Updates and clarifies pasteurization standards, procedures and testing requirements.
Requires regular DATCP review of pasteurization records and “cleaned-in-place" equipment cleaning records.
Updates requirements related to calibration of automated milk component testing devices.
Updates dairy plant recordkeeping requirements. Dairy plants must retain certain cleaning and sanitizing records for at least 6 months. Dairy plants must keep for at least 3 years certain documents related to bulk milk shipments.
Milk Testing Laboratories
DATCP currently certifies laboratories that test milk, food or water for compliance with public health standards. This rule updates and clarifies current rules related to the certification of laboratories and lab analysts. Among other things, this rule:
Updates the list of tests for which certification is required.
Clarifies current certification and testing requirements related to drug residue testing in milk, including requirements for timely confirmation of positive screening test results.
