Rule-Making Notices
Notice of Hearings
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule that clarifies current DATCP rules related to rendering plants, animal food processors, grease processors, dead animal collectors and carcass dealers, without making substantial changes. The rule also incorporates current federal regulations that prohibit the feeding of protein from mammalian tissues to cattle or other ruminants.
With respect to meat and poultry for human food, the proposed rule incorporates recent federal regulation changes into state meat inspection rules, including prohibiting the slaughter of “downer" animals for human consumption (already being enforced), requiring producers of “ready-to-eat" meat products to have written procedures for minimizing food safety risks related to Listeria monocytogenes (already being implemented), and restricting the amount of water from post-evisceration processing that may be retained in raw meat and poultry. The proposed rule also clarifies current rules related to meat brokers and meat distributors.
Submission of Written Comments
DATCP will hold two 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 10, 2008, for additional written comments. Comments may be sent to the Division of Food Safety, Bureau of Meat Safety and Inspection at the address below, by email to
Jim.Larson@wisconsin.gov or online at:
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, or by emailing to
Keeley.Moll@wisconsin.gov, or by calling (608) 224-5039.
Hearing Information
Wednesday, February 20, 2008
3:00 p.m. to 5:00 p.m.
Department of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive, Board Room (CR-106)
Madison, Wisconsin, 53708
Friday, February 22, 2008
3:00 p.m. to 5:00 p.m.
Marathon County Public Library
300 North First Street
Wausau, WI 54403
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by Wednesday, February 13, 2008, by writing to Carol Cockroft, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4663. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Copy of Rule
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) 224-4726 or emailing
Carol.Winner@wisconsin.gov. 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.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Overview
The Department of Agriculture, Trade and Consumer Protection (“DATCP") administers Wisconsin food safety laws. Among other things, DATCP licenses and inspects meat establishments that produce meat for human consumption. DATCP also regulates rendering plants, animal food processors and other entities that process and handle inedible animal carcasses. This rule does all of the following:
• Repeals and recreates current DATCP rules related to rendering plants, animal food processors, grease processors, dead animal collectors and carcass dealers. These entities process and handle inedible animal carcasses and carcass materials, and produce products for non-food use. Regulation keeps inedible materials out of the human food chain and helps ensure safe animal feed. For the most part, this rule clarifies current rules without making major substantive changes.
• Incorporates current federal regulations that prohibit the feeding of protein from mammalian tissues to cattle or other ruminants. The prohibition is designed to prevent the incidence of BSE (“mad cow disease"). DATCP is already enforcing this federal prohibition.
• Amends current state meat inspection rules to incorporate recent changes in federal regulations (state rules must be at least “equal to" federal regulations). Consistent with federal regulations, this rule does all of the following:
• Prohibits, without exception, the slaughter of “downer" animals for human consumption (DATCP is already enforcing this federal prohibition).
• Requires producers of “ready-to-eat" meat products to have written procedures for minimizing food safety risks related to Listeria monocytogenes (DATCP has already implemented this federal requirement).
• Restricts the amount of water from post-evisceration processing that may be retained in raw meat and poultry.
• Clarifies current rules related to meat brokers and meat distributors.
Statutes interpreted
Statutory authority
Explanation of agency authority
DATCP has broad authority to regulate the production and sale of food and animal feed, and broad authority to regulate activities that may threaten animal health or spread disease. DATCP licenses and regulates rendering plants, animal food processors, grease processors, dead animal collectors and related businesses under s.
95.72, Stats. DATCP licenses and regulates commercial feed manufacturers under s.
94.72, Stats. DATCP licenses and regulates meat establishments under s.
97.42, Stats. DATCP may adopt rules to implement statutes under its jurisdiction.
Inedible Animal By-Products
Wisconsin has a large rendering and animal food processing industry. This industry collects and processes inedible animal carcasses, inedible carcass materials and inedible meat by-products from Wisconsin's large livestock and meat processing industries, and produces useful non-food products such as grease, tallow, blood meal, bone meal and animal feed.
DATCP currently regulates rendering plants, animal food processors, grease processors and dead animal collectors under s.
95.72, Stats., and ch.
ATCP 57, Wis. Adm. Code. Regulation protects human and animal health, and is closely related to the regulation of food and animal feed.
With the advent of BSE (“mad cow disease"), there has been increased focus on the rendering and animal food processing industries. DATCP currently enforces federal BSE regulations under contract with the United States Food and Drug Administration (FDA). FDA is considering possible regulatory changes, but has not adopted any changes to date (this rule incorporates current federal prohibitions and labeling requirements).
In cooperation with the United States Department of Agriculture (USDA), Wisconsin has tested over 100,000 cattle for BSE without any positive disease findings. Wisconsin has tested far more cattle than any other state. Indeed, Wisconsin has tested about 20% of all the cattle tested to date in the entire nation.
Renderers
General
This rule clarifies current licensing and regulation of rendering operations under s.
95.72, Stats. Under this rule, “rendering" means melting or reconstituting carcasses or carcass materials, with the use of heat, to produce rendered products for non-food use. “Rendering" does not include licensed meat processing, licensed food processing, licensed grease processing, hide processing, or the manufacture of glue, pharmaceuticals or gelatin.
Renderer License
Under this rule, no person may do any of the following without an annual renderer license from DATCP:
• Operate a rendering plant in this state (a renderer may operate 2 or more rendering plants under a single license).
• Collect, receive or transport, in this state, carcasses or carcass materials for rendering by that person in this state or another state.
• Slaughter animals in this state for rendering by that person in this state or another state.
An annual license expires on February 28 of each year and is not transferable. A license does not authorize the license holder to produce, sell or distribute food for human consumption. An applicant must submit an annual license application that identifies rendering plant locations and includes other information required under this rule. The application must include an annual fee of $200 for each rendering plant (this rule does not change the current fee).
Before DATCP issues a license covering a new rendering plant, DATCP must inspect the rendering plant (DATCP may also inspect new transfer stations used to transfer carcasses from one vehicle to another). There is an inspection fee of $25 for each new rendering plant (this rule does not increase the current fee). There is no inspection fee for new transfer stations.
If a pre-license inspection is required, DATCP must complete the inspection within 30 days after DATCP receives a complete license application (unless the applicant agrees to a later inspection date). DATCP must grant or deny a license application within 30 days after DATCP receives the license application or, if a pre-license inspection is required, within 30 days after DATCP completes the inspection.
Rendering Plants; Location, Facilities and Operations
Current statutes prohibit the construction of a rendering plant within 1/8 mile of an existing residence or place of business (this rule incorporates that statutory prohibition). Rendering plant facilities must comply with basic sanitation standards, including basic ventilation standards, specified in this rule. Facilities must be designed for easy cleaning. Fully rendered products must be stored in a location and manner that protects them from contamination by live animals, un-rendered carcasses and un-rendered carcass materials.
A rendering plant must be kept free of nuisance conditions that pose a significant health or environmental risk, or cause obnoxious odors (other than normal odors incidental to generally accepted processing practices). Nuisance conditions include things like accumulated carcasses or manure, drainage from carcasses, accumulated litter, unclean facilities or rodent infestations.
A renderer must collect and safely dispose of all solid and liquid waste from rendering operations. A renderer must collect manure, offal, processing waste and other solid waste at least daily, and more often as necessary, to keep facilities clean and orderly. Liquid waste must be discharged to a public sewer system, or to an effluent disposal system that complies with department of natural resources (DNR) rules. A renderer must comply with applicable waste disposal laws, keep waste storage areas clean and orderly, and keep waste collection and disposal systems in good working order.
A renderer must transport and handle carcasses and carcass materials according to this rule (see below). If a renderer slaughters animals for rendering, the renderer must use humane methods, and must slaughter the animals in an area that is designed and equipped for safe and humane slaughtering. Live animals may not be unloaded, kept or slaughtered in processing or storage areas.
Renderer Records
Under this rule, a renderer must keep records of rendering operations. Records must include all of the following:
• The name and address of each person from whom the renderer receives carcasses or carcass materials, the date and location of each receipt, the types of carcasses or carcass materials received, the number or weight of carcasses received, the weight or liquid volume of carcass materials received, and the disposition of any carcasses or carcass materials received but not rendered.
• The name and address of each person from whom the renderer receives live animals, the date and location of each receipt, the numbers and types of live animals received, and the disposition of each animal. If the renderer slaughters an animal, the renderer must record the date and location of slaughter, and the disposition of the carcass.
• The types of rendered product, and the daily amounts of each type of rendered product, produced at each rendering plant.
• The name and address of each person to whom the renderer sells or distributes rendered product, the dates on which the renderer ships rendered product to each person, and the type and amount of rendered product included in each shipment.
• Lot coding or other records that effectively track the receipt, processing and distribution of ingredients and rendered products, so that it is possible to identify ingredient sources for each lot of rendered product (and vice versa).
A renderer must retain required records for at least 3 years, and must make the records available for inspection and copying by DATCP upon request.
Animal Food Processors
General.
This rule clarifies current licensing and regulation of animal food processors under s.
95.72, Stats. Under this rule, “animal food processing" means slaughtering animals or processing carcasses or carcass materials for use as animal feed. “Animal food processing" does not include any of the following:
• The collection or transportation of whole animal carcasses by a dead animal collector licensed under this rule (see below), provided that the dead animal collector does not process the carcasses or remove hide or feathers.
• A fur farm operator's processing of carcasses or carcass materials solely for feeding to fur bearing animals produced on that fur farm (fur farmers must register with DATCP under s.
97.44(2), Stats.).
• Licensed rendering operations (see above).
• Licensed grease processing operations (see below).
• Licensed meat processing operations (see ch.
ATCP 55).
• Licensed food processing operations (see chs.
ATCP 70 and
75, and s.
254.64, Stats.).
• Licensed commercial feed manufacturer operations that extend beyond “minimal processing" of animal carcasses (see ch.
ATCP 42 and s.
94.72(5), Stats.).
• The processing of hides, or the manufacture of glue, pharmaceuticals or gelatin.
This rule clarifies that a licensed animal food processor is not required to hold a commercial feed manufacturer license (ATCP 42) if the animal food processor does only “minimal processing" of carcasses or carcass materials fed to animals. “Minimal processing" includes removal of hides or feathers, cutting, grinding, denaturing, freezing and packaging. “Minimal processing" does not include heat treating, rendering, or mixing with other ingredients such as vitamins or minerals.
Animal Food Processor License
Under this rule, no person may do any of the following without an animal food processor license from DATCP:
• Operate an animal food processing plant in this state.
• Collect, receive or transport, in this state, carcasses or carcass materials for animal food processing by that person in this state or another state.
• Slaughter animals in this state for animal food processing by that person in this state or another state.
An annual license expires on February 28 of each year and is not transferable. A license does not authorize the license holder to produce, sell or distribute food for human consumption. An applicant must submit an annual license application that identifies animal food processing plant locations and includes other information required under this rule. The application must include an annual fee of $200 for each animal food processing plant (this rule does not change the current fee).
Before DATCP licenses a new animal food processing plant, DATCP must inspect the plant (DATCP may also inspect new transfer stations where carcasses are transferred from one transport vehicle to another). There is an inspection fee of $25 for each new animal food processing plant (this rule does not change the current fee). There is no inspection fee for new transfer stations.
If a pre-license inspection is required, DATCP must complete the inspection within 30 days after DATCP receives a complete license application (unless the applicant agrees to a later inspection date). DATCP must grant or deny a license application within 30 days after DATCP receives the license application or, if a pre-license inspection is required, within 30 days after DATCP completes the inspection.
Animal Food Processing Plants; Location, Facilities and Operations
Current statutes prohibit the construction of an animal food processing plant within 1/8 mile of an existing residence or place of business (this rule incorporates that statutory prohibition). Animal food processing plant facilities must comply with basic sanitation standards, including basic ventilation standards, specified in this rule.
Facilities must be designed for easy cleaning. Processed products must stored in a location and manner that protects them from contamination by live animals, unprocessed carcasses and unprocessed carcass materials.
An animal food processing plant must be kept free of nuisance conditions that pose a significant health or environmental risk, or cause obnoxious odors (other than normal odors incidental to generally accepted processing practices). Nuisance conditions include things like accumulated carcasses or manure, drainage from carcasses, accumulated litter, unclean facilities or rodent infestations.
An animal food processor must collect and safely dispose of all solid and liquid waste from processing operations. An animal food processor must collect manure, offal, processing waste and other solid waste at least daily, and more often as necessary, to keep facilities clean and orderly. Liquid waste must be discharged to a public sewer system, or to an effluent disposal system that complies with DNR rules. An animal food processor must comply with applicable waste disposal laws, keep waste storage areas clean and orderly, and keep waste collection and disposal systems in good working order.
An animal food processor must transport and handle carcasses and carcass materials according to this rule (see below). If an animal food processor slaughters animals for processing, the animal food processor must use humane methods, and must slaughter the animals in an area that is designed and equipped for safe and humane slaughtering. Live animals may not be unloaded, kept or slaughtered in processing or storage areas.
Animal Food Processor Records
Under this rule, an animal food processor must keep records of animal food processing operations. Records must include all of the following:
• The name and address of each person from whom the animal food processor receives carcasses or carcass materials, the date and location of each receipt, the types of carcasses or carcass materials received, the number or weight of carcasses received, the weight or liquid volume of carcass materials received, and the disposition of any carcasses or carcass materials received but not processed.
• The name and address of each person from whom the animal food processor receives live animals, the date and location of each receipt, the numbers and types of live animals received, and the disposition of each animal. If the animal food processor slaughters an animal, the animal food processor must record the date and location of slaughter, and the disposition of the carcass.
• The types of animal feed, and the daily amounts of each type of feed, produced at each animal food processing plant.
• The name and address of each person to whom the animal food processor sells or distributes animal feed, the dates on which the animal food processor ships the animal feed to each person, and the type and amount of animal feed included in each shipment.
• Lot coding or other records that effectively track the receipt, processing and distribution of ingredients and processed products, so that it is possible to identify ingredient sources for each lot of processed product (and vice versa).
An animal food processor must retain required records for at least 3 years, and must make the records available for inspection and copying by DATCP upon request.
Grease Processors
General
This rule clarifies current licensing and regulation of grease processors under s.
95.72, Stats. Under this rule, “grease processing" means combining, melting, refining, reconstituting or recycling fully rendered products to produce grease or other products for non-food use. “Grease processing" does not include any of the following:
• Licensed rendering operations (see above).
• Licensed animal food processing operations (see above).
• Licensed meat processing operations (see current ch.
ATCP 55).
• Licensed food processing operations (see current chs.
ATCP 70 and
75, and s.
254.64, Stats.).
Grease Processor License
Under this rule, no person may operate as a grease processor without an annual license from DATCP. An annual license expires on February 28 of each year and is not transferable. A license does not authorize the license holder to do any of the following:
• Produce, sell or distribute food for human consumption.
• Receive, collect, transport or slaughter live animals.
• Receive, collect, transport or process carcasses or carcass materials.
An applicant must submit an annual license application that identifies grease processing plant locations and includes other information required under this rule. The application must include an annual fee of $200 for each grease processing plant (this rule does not change the current fee).
Before DATCP licenses a new grease processing plant, DATCP must inspect the plant. There is an inspection fee of $25 for each new grease processing plant (this rule does not change the current fee). If a pre-license inspection is required, DATCP must complete the inspection within 30 days after DATCP receives a complete license application (unless the applicant agrees to a later inspection date).
DATCP must grant or deny a license application within 30 days after DATCP receives the license application or, if a pre-license inspection is required, within 30 days after DATCP completes the inspection.
Grease Processing Plants; Location, Facilities and Operations
Current statutes prohibit the construction of a rendering plant within 1/8 mile of an existing residence or place of business (this rule incorporates that statutory prohibition). Grease processing plant facilities must comply with basic sanitation standards, including basic ventilation standards, specified in this rule. Facilities must be designed for easy cleaning.
Processed grease must be stored in a location and manner that protects it from contamination from unprocessed ingredients. A grease processing plant must be kept free of nuisance conditions that pose a significant health or environmental risk, or cause obnoxious odors (other than normal odors incidental to generally accepted processing practices).
A grease processor must collect and safely dispose of all solid and liquid waste from grease processing operations. A grease processor must collect processing waste and other solid waste at least daily, and more often as necessary, to keep facilities clean and orderly. Liquid waste must be discharged to a public sewer system, or to an effluent disposal system that complies with DNR rules. A grease processor must comply with applicable waste disposal laws, keep waste storage areas clean and orderly, and keep waste collection and disposal systems in good working order.
Grease Processor Records
Under this rule, a grease processor must keep records related to the receipt and processing of grease ingredients and the sale or distribution of processed grease. Records must identify all of the following:
• The name and address of each person from whom the grease processor receives ingredients for processing, the date and location of each receipt, the types of ingredients received, the weight or liquid volume of ingredients received, and the disposition of any ingredients not processed into grease.
• The types and daily amounts of grease produced at each grease processing plant.
• The name and address of each person to whom the grease processor sells or distributes grease, the dates on which the grease processor ships grease to each person, and the type and amount of grease included in each shipment.
• Lot coding or other records that effectively track the receipt, processing and distribution of ingredients and processed grease, so that it is possible to identify ingredient sources for each lot of processed grease (and vice versa).
A grease processor must retain required records for at least 3 years, and must make the records available for inspection and copying by DATCP upon request.
Dead Animal Collectors
General.
This rule clarifies current licensing and regulation of dead animal collectors under s.
95.72, Stats. Under this rule, a “dead animal collector" means a person who collects and transports whole carcasses, with hide or feathers intact, for delivery to a renderer, animal food processor or fur farm operator. “Dead animal collector" does not include any of the following:
• A person who is solely engaged in collecting or transporting hides or feathers.
• A licensed renderer (see above).
• A licensed animal food processor (see above).
• A fur farm operator who collects and transports carcasses solely for feeding to fur bearing animals on that person's fur farm farm (fur farmers must register with DATCP under s.
97.44(2), Stats.).
Dead Animal Collector License
Under this rule, no person may operate as a dead animal collector without an annual license from DATCP. This license requirement does not apply to a licensed renderer or animal food processor (see above) who collects or transports carcasses or carcass materials solely for processing by that renderer or animal food processor. A dead animal collector license does not authorize a license holder to do any of the following:
• Process carcasses or carcass materials.
• Collect or transport anything other than whole carcasses with hide or feathers intact.
• Collect, transport or deliver carcasses for processing or use as human food.
• Collect, transport or deliver carcasses for processing or use as animal feed, other than for processing by a licensed renderer or animal food processor.
An annual license expires on February 28 of each year and is not transferable. An annual license application must identify each transfer station operated by the dead animal collector, and must include other information required under this rule. The application must include an annual fee of $100 for the applicant's principal business location and for each of transfer station (this rule does not change the current fee). DATCP must grant or deny a license application within 30 days after DATCP receives a complete application.
Dead Animal Collector; Facilities and Operations
Facilities operated by a dead animal collector must comply with basic sanitation standards, including basic ventilation standards, specified in this rule. Facilities must be designed for easy cleaning, and must be kept free of nuisance conditions.
A dead animal collector must collect and safely dispose of all solid and liquid waste related to that person's operations. Liquid waste must be discharged to a public sewer system, or to an effluent disposal system that complies with DNR rules. A dead animal collector must comply with applicable waste disposal laws, keep waste storage areas clean and orderly, and keep waste collection and disposal systems in good working order.
A dead animal collector must transport and handle carcasses and carcass materials according to this rule (see below). If a dead animal collector slaughters an animal before collecting its carcass, the dead animal collector must use humane methods.
Dead Animal Collector Records
Under this rule, a dead animal collector must keep all of the following records:
• The name and address of each person from whom the dead animal collector receives carcasses, the date and location of each receipt, the types of carcasses received, and the number of carcasses of each type received.
• The name and address of each person to whom the dead animal collector delivers carcasses, the date and location of each delivery, the types of carcasses delivered, and the number of carcasses of each type delivered.
A dead animal collector must retain required records for at least 3 years, and must make the records available for inspection and copying by DATCP upon request.
Carcass Dealers
Under current DATCP rules, a person engaged in the business of buying, selling or distributing inedible animal carcasses or carcass materials must register annually with DATCP (unless that person is licensed as a rendering plant operator, animal food processor or dead animal collector). A registrant must keep records related to carcass transactions. This rule clarifies, but does not substantially alter, current rules. Under this rule, registrants are called “carcass dealers." There is no fee to register as a carcass dealer.
Transporting Carcasses and Carcass Materials
Licensing
Under this rule, no person may transport carcasses or carcass materials on a public road unless the person is licensed as a renderer, animal food processor or dead animal collector. This license requirement does not apply to any of the following:
• The transportation of meat according to ATCP 55.
• A farmer transporting carcasses of animals raised on his or her farm.
• Transportation solely for purposes of destruction, burial or landfill disposal.
• Transportation by a government agency.
• Transportation by a bona fide research institution, for purposes of scientific research.
• An animal trucker licensed under ch.
ATCP 12 who transports, for direct delivery to a licensed renderer, animal food processor or dead animal collector, the carcass of an animal that died while being transported by the animal trucker.
• The transportation of hides, feathers, or fully rendered products.
• A fur farm operator's transportation of carcasses or carcass materials solely to feed fur-bearing animals on the operator's fur farm.
• The transportation of legally harvested wild animals by or on behalf of the person who harvested them.
• An employee of a license holder, acting within the scope of his or her employment.
Vehicle Permit
A person who transports carcasses and carcass materials under this rule must hold a DATCP permit for each vehicle that the person uses to transport carcasses or carcass materials on a public road. A permit expires on February 28 of each year. There is no fee.
To obtain a vehicle permit, a person must apply on a form provided by DATCP. An application must identify the applicant and vehicle and must show that the applicant is licensed (or applying for a license) as a renderer, animal food processor or dead animal collector. DATCP must grant or deny an application within 30 days after DATCP receives a complete application.
Vehicle Marking
Each transport vehicle must bear the following information on both sides of the vehicle:
• The correct legal name of the vehicle permit holder, prominently printed in block lettering at least 3 inches high.
• The principal business address of the permit holder, prominently printed below the permit holder's name in block lettering at least 2 inches high.
Sanitary Transport
A person who transports carcasses or carcass materials under this rule must do all of the following:
• Transport carcasses or carcass materials in leakproof vehicles or containers that are closed or fully covered by a tarpaulin or other watertight covering.
• Clean and sanitize, after each day's use and more often if necessary, vehicles and containers used to transport carcasses and carcass materials.
Prohibited Practices
No person covered by this rule may do any of the following:
• Transport live animals without an appropriate license under ch.
ATCP 12 (Livestock Markets, Dealers and Truckers).
• Transport live animals in the same vehicle with carcasses or carcass materials.
• Park a vehicle containing carcasses or carcass materials in any place where the parked vehicle may create a nuisance condition.
Removing Carcasses from Transfer Stations
A person who operates a transfer station must remove carcasses and carcass materials from that transfer station within 24 hours after they are received, and sooner if necessary to prevent nuisance conditions. Carcasses and carcass materials received on a Saturday, or on a Sunday followed by a legal holiday, must be removed within 48 hours and sooner if necessary to prevent nuisance conditions.
Denaturing Carcasses and Carcass Materials
Under this rule, no renderer or animal food processor may transport, freeze, or receive for processing any carcasses or carcass materials other than the following:
• Complete carcasses with hide or feathers intact.
• Carcasses or carcass materials that are denatured according to this rule.
• Fully rendered products.
• Carcasses or carcass materials that are naturally incapable of being consumed by humans.
• Lungs and lung lobes originating from a licensed meat establishment.
To denature carcasses or carcass materials, a person must apply an approved denaturing agent according to this rule, so that the denatured carcass or carcass material has a distinctive color, texture, odor or taste and cannot be confused with human food. This rule identifies approved denaturing agents (the department may approve additional denaturing agents).
Labeling Processed Products
Under this rule, no person may sell or distribute any rendered product, animal feed or grease unless that product is clearly and conspicuously labeled with all of the following:
• The name and address of the renderer, animal food processor or grease processor.
• A clear identification of the product.
• The net quantity of product included in any package or bulk shipment.
• The clear and conspicuous statement “
INEDIBLE (SPECIES) NOT INTENDED FOR HUMAN FOOD" if the product is capable of being consumed by humans.
• The clear and conspicuous statement
“
DO NOT FEED TO CATTLE OR OTHER RUMINANTS" if required by current FDA rules under
21 CFR 589.2000.
Prohibitions
Under this rule, no person may do any of the following:
• Process, sell or distribute any carcass or carcass material as feed for food animals unless the material has been fully rendered.
• Do any of the following contrary to current FDA rules under
21 CFR 589.200 (some exemptions apply under current FDA rules):
Feed protein derived from animal tissues to cattle or other ruminant animals.
• Manufacture, label, sell or distribute, as feed for ruminant animals, any protein derived from mammalian tissues.
• Produce, sell or distribute food for human consumption pursuant to a renderer license, animal food processor license or grease processor license.
• Process food in the same facilities used for a rendering plant, animal food processing plant or grease processing plant.
Meat and Poultry for Human Consumption
DATCP administers Wisconsin's meat inspection program (includes poultry). DATCP licenses and inspects approximately 360 meat slaughter and processing establishments, and regulates the sale and distribution of meat. Wisconsin's program must be at least “equal to" the federal program administered by USDA. This rule modifies current DATCP meat inspection rules to incorporate recent federal regulatory changes.
Downer Animals
This rule prohibits, without exception, the slaughter of “downer" animals for human consumption (DATCP is already enforcing this federal prohibition).
Listeria Control Plans
Under federal regulations, meat establishments producing “ready-to-eat" meat products (such as bologna and frankfurters) must have written operating plans to minimize potential consumer health risks from Listeria monocytogenes. DATCP has already implemented this federal requirement in state-inspected meat establishments. This rule incorporates the federal regulations by reference.
Water Retained in Meat Products
Federal regulations prohibit retained water from post-evisceration processing in raw meat and poultry, except to the extent that the retained water is an unavoidable consequence of processing to meet food safety requirements. The product label must disclose the presence of any water in excess of naturally occurring water. This rule incorporates the federal regulations by reference.
Meat Brokers and Distributors; Records
Under current DATCP rules, meat brokers and meat distributors must register annually with DATCP unless they are licensed as meat establishments. Under this rule, meat brokers and meat distributors must keep all of the following records related to meat transactions in which they are involved as buyers, sellers or brokers:
• The name and address of the seller.
• The name and address of the buyer.
• The date and location of sale.
• The types of products sold.
• The amount of product of each type sold.
• The disposition of any meat products received by the meat broker or meat distributor.
Comparison with federal regulations
DATCP currently enforces federal commercial feed regulations under contract with FDA. Federal regulations include prohibitions designed to prevent BSE (“mad cow disease"). This rule is consistent with current federal regulations and does not change current federal regulations.
Federal law requires federal or state inspection of all meat establishments. State meat inspection must be at least “equal to" federal inspection. USDA administers the federal meat inspection program, and DATCP administers Wisconsin's state inspection program. This rule revises state meat inspection rules to keep them at least “equal to" federal regulations.
Comparison with adjacent states
All of the surrounding states (Michigan, Minnesota, Illinois and Iowa) regulate inedible animal by-products, including licensing and fees, processing and handling, facility standards, sanitation, labeling and enforcement. However, the surrounding states may use different terminology in their regulations.
All of the surrounding states require vehicle permits and identification of vehicles used to haul inedible carcasses and carcass materials. Surrounding states all require similar labeling of inedible carcasses, carcass materials and products. Surrounding states enforce FDA feed regulations, including prohibitions against the feeding of mammalian protein material to cattle or other ruminants. However, not all states have incorporated federal regulations by rule (incorporation facilitates enforcement under state law).
Data and analytical methodologies
See above. DATCP has analyzed current rules in light of actual program experience and industry practice. This rule is designed to clarify current rules, make current rules consistent with relevant federal rules, and make current rules internally consistent. DATCP has not conducted a formal scientific data analysis, because it is not necessary or relevant to this rulemaking proceeding.
DATCP conducts or monitors disease testing and surveillance as part of normal program administration, and evaluates programs in light of relevant disease findings and test results. Among other things, Wisconsin has tested over 100,000 cattle for BSE (about 20% of all the cattle tested to date in the U.S.) without any positive disease findings.
Fiscal Estimate
This rule will have no significant fiscal impact on DATCP or local government units.
Initial Regulatory Flexibility Analysis
For the most part, this rule merely clarifies current rules without making significant substantive changes. Among other things, this rule clarifies the coverage of current licenses related to renderers, animal food processors, grease processors, commercial feed manufacturers and dead animal collectors.
This rule will not have any significant adverse impact on business (including small business). This rule clarifies current recordkeeping requirements, but it does not add significant new recordkeeping requirements. This rule requires regulated entities to keep records for 3 years (instead of 2 years under current rules).
Notice of Hearing
Podiatrists Affiliated Credentialing Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Podiatrists Affiliated Credentialing Board in ss.
15.085 (5) (b),
227.11 (2),
448.665 and
448.695 (2), Stats., and interpreting s.
448.665, Stats, the Podiatrists Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to create s.
Pod 3.02 (1) (e), relating to continuing medical educational programs.
Hearing Information
Date: February 19, 2008
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 22, 2008, to be included in the record of rule-making proceedings.
Agency contact person
Pamela Haack, Paralegal
Department of Regulation and Licensing
Office of Legal Counsel
1400 East Washington Avenue - Room 152
P.O. Box 8935
Madison, Wisconsin 53708-8935
Telephone: (608) 266-0495
Submission of Written Comments
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at
pamela.haack@drl.state.wi.us. Comments must be received on or before February 22, 2008, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
The Podiatrists Affiliated Credentialing Board has the authority under s.
448.665, Stats., to promulgate rules relating to continuing education.
Related statute or rule
There are no other related statutes or rules other than those listed above.
Plain language analysis
Section
Pod 3.02 sets forth the requirements for obtaining continuing education for podiatrists. Each biennium, podiatrists are required to obtain 50 hours of acceptable continuing education. Under the current rule, the board has recognized four entities that may approve continuing education for its licensees. This amendment recognizes an additional entity, the Wisconsin Society of Podiatric Medicine, as an acceptable approval authority for continuing education. By adding this amendment, licensees will have additional programming from which to choose in order to complete their continuing education requirements.
SECTION 1 adds an additional organization that may approve continuing education programs for podiatrists.
Comparison with federal regulations
There is no existing or proposed federal regulation.
Comparison with rules in adjacent states
Iowa. The Iowa board does not preapprove continuing education providers, sponsors, or programs. Licensees must review the statutory requirements and determine if programs meet the specified criteria. Some approved sponsors are listed, including the American Podiatric Medical Association and regional or state affiliates of the American Podiatric Medical Association.
Illinois. Sponsors can apply to the board for recognition. They must be validated by the Council on Podiatric Medical Education.
Michigan. There are six categories of continuing education. Approval is granted by the Accreditation Council on Podiatric Education, the Board, accredited hospitals or other clinical institutions, or a graduate training program. A publication option is also available.
Minnesota. Programs must be approved by the Board or the Council on Podiatric Medical Education. Participation in home study programs, hospital staff meetings and acceptable graduate medical education are also allowed.
Summary of factual data and analytical methodologies
A request to be included as a provider was submitted to the board by the Wisconsin Society of Podiatric Medicine (WSPM). The board reviewed its current list of continuing podiatric medical education programs (CPME) and determined an expanded list of programs would offer more options for podiatrists.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
Small business regulatory review coordinator
Analysis and supporting documents used to determine effect on small business
The board reviewed the request of the Wisconsin Society of Podiatric Medicine (WSPM), discussed it in person with a representative of the WSPM, and posed questions relating to the request. Board members consulted with members of the profession about the request and offered their own views on the merits of expanding the list of CPME programs.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Fiscal Estimate
The department estimates that the proposed rule will have no significant impact.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Text of Rule
SECTION 1. Pod 3.02 (1) (e) is created to read:
Pod 3.02 (1) (e) The Wisconsin Society of Podiatric Medicine.
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to s.
227.11 (2) (a), Stats., and interpreting s.
115.28 (47), Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules created under Chapter
PI 33, relating to grants for nursing services. The hearing will be held as follows:
Hearing Information
February 21, 2008 Madison
4:00 - 5:00 p.m. GEF 3 Building
125 South Webster St.
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Douglas White, Director, Student Services/Prevention and Wellness at (608) 266-5198 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Agency Contact Person
Copy of Rule and Submission of Written Comments
Lori Slauson
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than February 27, 2008, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Dept. of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
N/A
Plain language analysis
2007 Wisconsin Act 20, the biennial budget bill, created a new competitive grant program under s.
115.28 (47), Stats., appropriating $250,000 annually for school districts, other than Milwaukee Public Schools, to employ additional school nurses or contract for additional nursing services.
Grants must be awarded based on greatest need such as the ratio of pupils to nurses, rate of chronic health problems among pupils, and number of pupils from low-income families. Recipients may not supplant existing nursing staff or services and must submit a report to the department describing how the school district used the money and its effectiveness in providing additional nursing services to pupils who need such services.
The proposed rule establishes criteria and procedures for awarding grants to eligible school districts.
Emergency rules were promulgated effective November 24, 2007, in order to establish application criteria and procedures in time for the program to operate in the second semester of the school year.
Comparison with federal regulations
N/A
Comparison with rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota do not have rules relating to grants for nursing services.
Summary of factual data and analytical methodologies
The rules reflect statutory language. Because
2007 Wisconsin Act 20 creating this grant program became effective October 27, 2007, the rule established an application deadline of December 14 to expedite the awarding of funds in 2007-08. In subsequent years, applications will be due April 30 to coincide with application timelines established for other grants awarded by the department.
Analysis and supporting documents used to determine effect on small business
N/A
Initial Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Fiscal Estimate
Under s.
20.255 (2) (dL), Stats.,
2007 Wisconsin Act 20 appropriated $250,000 annually for the department to award nursing services grants to school districts (other than Milwaukee Public Schools) to employ additional school nurses or contract for additional nursing services.
The rule establishes criteria and procedures for awarding these program grants. The rules will have no fiscal effect on local governments or small businesses as defined in s.
227.114 (1) (a), Stats.
The costs associated with administering this grant program will be absorbed by the department.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
194.407(1) and
(3), Stats., as created by
2007 Wis. Act 20, interpreting s.
194.407, Stats., the Department of Transportation will hold a public hearing on
March 5, 2008 at the Hill Farms State Transportation Building,
Room 144-B, 4802 Sheboygan Avenue, Madison, WI, at
10:00 AM, to consider the creation of ch.
Trans 178, Wis. Adm. Code, relating to the Unified Carrier Registration system.
Parking for persons with disabilities and an accessible entrance are available.
Copy of Rule
A copy of the proposed rule may be obtained upon request from Carson Frazier, Wisconsin Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or e-mail:
carson.frazier@dot.state.wi.us.
Agency Contact Person and Submission of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing, March 5, 2008, to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson P. Frazier, Division of Motor Vehicles, P.O. Box 7911, Madison WI 53707-7911, by calling (608) 266-7857 or via e-mail at
carson.frazier@dot.state.wi.us.
To view the proposed rule, and submit written comments via e-mail/internet, you may visit the following website:
Analysis Prepared by the Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
194.407 of the statutes authorizes the Department to implement and administer a unified registration system for motor carriers consistent with
49 USC 13908 and
14504a, and to prescribe annual fees for that registration.
Related statute or rule
Plain language analysis
This chapter establishes in Wisconsin Administrative Code the fees to be charged under the Unified Carrier Registration (UCR) system, and establishes a method for counting the number of vehicles so that an entity knows whether it is required to register under UCR and, if so, which fee bracket applies to the entity.
Comparison with federal regulations
This proposed rule complies and is consistent with federal law and regulations pertaining to the Unified Carrier Registration system.
Comparison with rules in adjacent states
Michigan: There are no regulations pertaining to UCR, as of January 3, 2008.
Minnesota: Minnesota is not a participating state in the UCR program in 2007. There are no regulations pertaining to UCR, as of January 3, 2008.
Illinois: There are no regulations pertaining to UCR, as of January 3, 2008.
Iowa: There are no regulations pertaining to UCR, as of January 3, 2008.
Summary of factual data and analytical methodologies
This proposed rule is derived solely from federal law, federal regulation and Unified Carrier Registration Agreement, both of which are authorized by
49 USC 13908 and
14504a and implement those sections. If Wisconsin chooses not to participate in the UCR program, Wisconsin will forfeit revenues from carrier registration pursuant to federal law.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
Small business regulatory review coordinator
Analysis and supporting documentation used to determine effect on small business
This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any effect on small businesses is a result of federal law, federal regulation and the Unified Carrier Registration Agreement. The bill will affect some small businesses by requiring them to pay an annual registration fee based on the size of its truck fleet, with fees of $39 to $806 annually. These fees are established under federal law at
49 CFR 367.20 but may be revised annually by publication in the federal register. If Wisconsin does not charge these fees, small businesses that operate affected trucks and trailers outside this state will nevertheless be required to pay these same fees to other states.
Fiscal Estimate
This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands is a result of federal law, federal regulation and the Unified Carrier Registration Agreement. The Unified Carrier Registration Agreement authorizes states to exempt solely intra-state carriers and qualified school buses from the registration fee, and the Department has made registration and payment of the fees optional for those entities.
Anticipated costs incurred by private sector
This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any cost incurred by the private sector is a result of federal law, federal regulation and the Unified Carrier Registration Agreement. Many parties subject to these fees are paying higher fees under the Single State Registration System (SSRS), which the Unified Carrier Registration fee replaces; they will see significant annual fee reductions. Numerous smaller motor carriers, motor private carriers, brokers, leasing companies, and freight forwarders are exempt from SSRS and are made subject to Unified Carrier Registration; they will be required to pay annual fees of $39-$806 or more depending upon their fleet size. The sum of fees collected by this state will be the same under Unified Carrier Registration as presently collected under SSRS. Under federal law, federal regulation, and the Unified Carrier Registration Agreement, the amounts of UCR registration fees is established so that the amount collected, in total, is the same as the total amount of fees that had been collected under the former SSRS program. More motor carriers are required to register and pay fees under UCR than were required to register and pay under the SSRS program. Therefore, some types of carriers may pay more (those newly subject to UCR) or less (those previously subject to SSRS) fees under UCR, but the sum of fees is the same.
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.147 (6),
103.005 (17), and
227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules affecting ch.
DWD 12, relating to Wisconsin Works temporary absence of a child and job access loans and affecting small businesses.
Hearing Information
February 21, 2008
Thursday
1:30 p.m.
|
MADISON
G.E.F. 1 Building, A415
201 E. Washington Avenue
|
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Agency Contact Person
The agency contact for issues related to temporary absence of a child is Jude Morse, W-2 Policy Section, (608) 266-2784,
jude.morse@dwd.state.wi.us. The agency contact for issues related to job access loans is Rose Prochazka, W-2 Policy Section, (608) 267-7398,
rose.prochazka@dwd.state. wi.us.
Copy of Rule and Submission of Written Comments
An electronic copy of the proposed rules is available at
http://www.dwd.state.wi.us/dwd/hearings.htm. A copy of the proposed rules is also available at
http://adminrules. wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written comments on the proposed rules received at the above address, email, or through the
http://adminrules.wisconsin.gov web site no later than February 22, 2008, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Workforce Development
Statutory authority
Statutes interpreted
Related statute or rule
Explanation of agency authority
Section
49.147 (6) (a), Stats., provides that an individual is eligible to receive a job access loan if, in addition to meeting Wisconsin Works (W-2) eligibility requirements, all of the following conditions are met: (1) the individual needs the loan to address an immediate and discrete financial crisis; (2) the individual needs the loan to obtain or continue employment, including a loan needed to repair or purchase a vehicle that is needed to obtain or continue employment; (3) the individual is not in default on any previous job access loan or repayment of any W-2 overpayments; and (4) the individual is not a migrant worker. Section
49.147 (6) (b), Stats., directs the department to promulgate rules establishing the terms of any job access loan, including: (1) the maximum and minimum loan amounts in any 12-month period; (2) the method of loan disbursement; and (3) the terms and conditions of repayment.
Section
49.145 (2), Stats., provides that an individual is eligible for a W-2 employment position and a job access loan in a month only if all nonfinancial eligibility requirements are met, including the requirement under par. (a) that the individual is a custodial parent.
Section
103.005 (17), Stats., provides that the department shall administer those programs of public assistance that are specified in subch.
III of ch. 49.
Summary of the proposed rule
The proposed rules will make changes to the Wisconsin Works program affecting (1) temporary absence of the child from the home due to child welfare issues; and (2) job access loans.
Under the current s.
DWD 12.10, a dependent child may be absent from the custodial parent's home but still be considered under the care of the custodial parent if: (a) the dependent child will not be or has not been continuously absent for more than 3 months and the child is expected to return to the custodial parent's home; (b) the absence is not the result of removal of a child under a dispositional order issued under s.
48.355, Stats., which places custody of a child outside the home for an indefinite period or a period of 3 months or more; and (c) the custodial parent continues to exercise responsibility for the care and control of the child.
The proposed rules will allow a dependent child to be absent from the custodial parent's home due to child welfare issues but still be considered under the care of the custodial parent if the W-2 agency, in consultation with the child welfare agency, determines that there is substantial compliance with the following 9 conditions:
• The child welfare agency confirms the child was removed from the home due to child welfare issues.
• The parent maintains an appropriate home for the child.
• The permanency plan under s.
48.38 (1) (b), Stats., states that the child is expected to be reunified with the parent in the parent's household within 6 months of the initial day of the child's temporary absence from the home.
• The child's out-of-home placement type is consistent with reuniting the child with the parent in the parent's household within 6 months of the initial day of the child's temporary absence from the home.
• The child's absence is not the result of removing the child under a dispositional order under s.
48.355, Stats., which places the child outside the home indefinitely or for longer than 6 months.
• The custodial parent continues to exercise responsibility for the care and control of the child while the child is placed out of the home.
• The custodial parent is cooperating with the W-2 agency.
• The custodial parent is participating in and satisfactorily completing employability plan activities and any other requirements of the W-2 agency.
• The custodial parent is cooperating with child welfare agency activities required for reunification with the child.
A custodial parent of a dependent child who fails to notify the W-2 agency of the absence of the dependent child from the home due to child welfare issues by the end of the 5-day period that begins with the date that that the parent knows that the child is absent from the home is not eligible for W-2. The W-2 agency shall accept a report of a child's temporary absence from the home by the child welfare agency as a report from the parent and shall inform the parent of the child welfare agency's report.
The current rules on job access loans provides that W-2 agencies shall issue a job access loan to an eligible individual in an amount not less than $25 and not more than $1,600 in any 12-month period. The maximum allowable amount for all loans and the maximum outstanding balance for each individual receiving a job access loan is $1,600.
The proposed rules will increase the maximum allowable job access loan amount in any 12-month period and the maximum outstanding balance for each individual receiving a job access loan to $2,500 if the loan will be used to purchase a vehicle that is needed to obtain or continue employment. The maximum loan amount and outstanding balance will remain at $1,600 in all other cases.
Summary of factual data and analytical methodologies
A longer W-2 eligibility period when the child is absent from the home due to child welfare issues will support service integration between the W-2 and child welfare programs and help stabilize and support families for reunification with their children.
A $2,500 maximum job access loan rather than a $1,600 maximum job access loan is closer to the amount necessary to obtain a vehicle that will be reliable for commuting to work.
Comparison with federal regulations
42 USC 608 (10) requires denial of assistance for a minor child who has been, or is expected by a parent to be absent from the home for a period of 45 consecutive days, or at the option of the State., such period of not less than 30 and not more than 180 consecutive days as the State may provide for the State plan. The State may establish good cause exceptions to this provision as it considers appropriate if the exceptions are provided for in the State plan.
There are no comparable federal requirements relating to job access loans.
Comparison with rules in adjacent states
Iowa. Eligibility for temporary absence of child when the reason for the absence not specifically designated is limited to 3 months. Eligibility for temporary absence if the child is in medical institution limited to one year. Eligibility for individual 16 to 19 years old who is enrolled in elementary or secondary school full time is allowed. No special provision for absence due to child welfare issues.
Minnesota. Eligibility for a child out of the home due to placement in foster care if the placement will not be paid under Title IV-E of the Social Security Act is limited to 6 months. Eligibility for a child out of the home due to vacation, incarceration, or run away is limited to 2 months. Eligibility for absence due to hospitalization or illness is limited to 6 months. Eligibility for absence due to child's enrollment in education curricula that cannot be met by the local public school district is allowed.
Illinois. Eligibility for temporary absence when the reason is not specified is limited to an absence of 3 months or less, except if the absence is due to hospitalization, training, or education. A consent decree exists that allows eligibility for parents whose children have been or could be removed from the home due to allegations of environmental neglect or inadequate shelter, beds, food, or clothing or children who are in custody of the child welfare agency, regardless of the reason, and the child welfare agency has required the parents to obtain adequate living arrangements for the family as a condition of return of the children. Active participants may continue to receive benefits for up to 180 days after the children are removed from the home. Applicants may be approved for benefits for up to 90 days prior to the children's return. A family is not eligible if all children are in custody of the child welfare agency, but the reasons do not fall within the terms of the consent decree.
Michigan. Eligibility for temporary absence when the reason is not specified is limited to an absence of 30 days or less, except if the absence is due to hospitalization, training, or education. Eligibility for a parent of a child in foster care is allowed for up to one year if there is a plan to return the child to the parent's home.
Initial Regulatory Flexibility Analysis
The proposed rules affect small businesses, but do not have a significant impact on a substantial number of small businesses.
Small business regulatory coordinator
Analysis used to determine effect on small businesses
A longer W-2 eligibility period when the child is absent from the home due to child welfare issues may initially increase the amount that private W-2 agencies spend on W-2 benefits. The increased W-2 benefits for families with child welfare issues will help stabilize these families and will address issues that would otherwise be barriers to employment, which will save money that would otherwise need to be spent for W-2 services.
Some private agencies provide child welfare services, especially in Milwaukee. The increased service integration between the W-2 and child welfare programs should decrease costs for child welfare agencies.
Fiscal Estimate
A longer W-2 eligibility period when the child is absent from the home due to child welfare issues may initially increase the amount that some counties spend on W-2 benefits. The increased W-2 benefits for families with child welfare issues will help stabilize these families and will address issues that would otherwise be barriers to employment, which will save money that would otherwise need to be spent for W-2 services. The increased service integration between W-2 and child welfare programs should decrease costs for county child welfare agencies.
State fiscal effect: None
Local government costs: None
Long-range fiscal implications: None
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to Sections
66.0903 (5),
103.49 (3g),
779.14 (1s), and
227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules affecting chs.
DWD 290 and
293, relating to the adjustment of thresholds for application of prevailing wage rates and payment and performance assurance requirements and affecting small businesses.
Hearing Information
February 14, 2008
Thursday
1:30 p.m.
|
MADISON
G.E.F. 1 Building, A415
201 E. Washington Avenue
|
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
Agency Contact Person
Copy of Rule and Submission of Written Comments
A copy of the proposed rules is also available at
http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written comments on the proposed rules received at the above address, email, or through the
http://adminrules.wisconsin.gov web site no later than February 15, 2008, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Workforce Development
Statutory authority
Statutes interpreted
Explanation of agency authority
The prevailing wage laws require that when a state agency or local governmental unit contracts for the erection, construction, remodeling, repairing, or demolition of a public works project it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Sections
66.0903 (5) and
103.49 (3g), Stats., set initial estimated project cost thresholds for application of the prevailing wage rate requirements and direct the Department to adjust the thresholds each year in proportion to any change in construction costs since the thresholds were last determined.
Section
779.14, Stats., sets payment and performance assurance requirements that apply to contracts for the performance of labor or furnishing of materials for a public improvement project or public work. Section
779.14 (1s), Stats., requires the Department to biennially adjust the thresholds for various requirements in proportion to any change in construction costs since the last adjustment if the adjustment to be made would not be less than 5%.
Summary of the proposed rule
Section
DWD 290.155 (1) currently provides that the prevailing wage rate requirements do not apply to any single-trade public works project for which the estimated cost of completion is below $44,000 and do not apply to any multi-trade public works project for which the estimated cost of completion is below $216,000. The proposed rule will adjust the thresholds from $44,000 to $45,000 for a single-trade project and from $216,000 to $221,000 for a multi-trade project based on a 2.25% increase in construction costs between December 2006 and December 2007.
Chapter
DWD 293 provides adjusted thresholds for various payment and performance assurance requirements that apply to contracts with state or local governments for the performance of labor or furnishing of materials for a public improvement or public work. The proposed rule will adjust these thresholds to reflect a 5.78% increase in construction costs from December 2005 to December 2007.
Summary of factual data and analytical methodology
Sections
DWD 290.15 and
293.01 provide that the Department will adjust the thresholds on the basis of the change in the construction cost index as published in the
Engineering News-Record, a national construction trade publication.
Thresholds are rounded to the nearest thousand.
Comparison to federal regulations
The threshold for application of the federal prevailing wage law is a contract greater than $2,000. The threshold for application of the federal contractor payment and performance bond requirements is $100,000. These thresholds are in statute and are rarely adjusted.
Comparison of prevailing wage law thresholds in adjacent states
Minnesota has a statutory threshold of $2,500 for a single-trade project and $25,000 for a multi-trade project. Illinois does not have a threshold in its prevailing wage law. The law covers public works projects and defines public works projects as projects financed under various other specified laws. Michigan does not have a threshold in its prevailing wage law. The law covers projects that must be bid and relies on other agencies to determine the thresholds for what projects must be bid. Iowa does not have a prevailing wage law.
Comparison of payment and performance bond thresholds in adjacent states
Minnesota has a public contractors' performance and payment bond requirement that applies to a contract that exceeds $75,000. Illinois requires a bond if a contract for a public work exceeds $5,000. Neither state appears to have a mechanism for adjustment of the thresholds, other than statutory amendment. Michigan has a performance bond requirement without a clear statutory threshold. The Department is not aware of a performance bond requirement for public works contracts in Iowa.
Initial Regulatory Flexibility Analysis
The rule affects small businesses as defined in s.
227.114 (1), Stats., but does not have a significant economic impact on a substantial number of small businesses.
Small business regulatory coordinator
Analysis used to determine effect on small business
Many construction companies are small businesses. The adjustment of the thresholds for application of the prevailing wage and payment and performance bond requirements prevent these provisions from affecting more and more public works projects over time due solely to the effects of inflation.
Fiscal Estimate
Under the rule, a state agency or local governmental unit contracting for the construction of a single-trade public works project that costs more than $44,000 but less than $45,000 or a multi-trade project that costs more than $216,000 but less than $221,000 is not covered by the prevailing wage requirement.
The adjustment of the threshold for performance bonds has a negligible effect on governmental bodies. If thresholds were not adjusted for inflation, public works contractors would have been required to get performance bonds on smaller projects and these costs would have been likely added to the project bid.
State fiscal effect: None
Local government costs: None
Long-range fiscal implications: None
