(1)
REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
(12)
PLANT PESTS. To conduct surveys and inspections for the detection and control of pests injurious to plants, make, modify, and enforce reasonable rules needed to prevent the dissemination of pests, declare and manage emergencies relating to the detection and control of pests injurious to plants, provided that such declaration does not supersede the authority of the chief state forester under
s. 23.114 or the department of natural resources under
s.
26.30, and suggest methods of control.
(24)
ENFORCEMENT OF LAWS. To enforce chs.
88 and
93 to
100 and all other laws entrusted to its administration, and especially:
(a) To enforce the laws regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.
(b) To enforce the laws regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.
(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.
(d) To prosecute or cause to be prosecuted any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.
95.51 Livestock Premises Registration (7) RULES. The department may promulgate rules for the administration of this section. The department shall promulgate rules to govern the release of aggregate information under this section by the department.
97.09 Rules. (4) The department may, by rule, establish and enforce standards governing the production, processing, packaging, labeling, transportation, storage, handling, display, sale, including retail sale, and distribution of foods that are needed to protect the public from the sale of adulterated or misbranded foods.
97.20 Dairy Plants. (4) RULE MAKING. The department may promulgate rules to establish amounts of fees required under subs. (2c) to (2w) or to govern the operation of dairy plants. The rules may include standards for the safety, wholesomeness and quality of dairy products; the construction, maintenance and sanitary operation of dairy plants; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; storage and handling of milk and fluid milk products; pasteurization and processing procedures; sampling and testing; and reports and record keeping . The rules may also set forth the duties of dairy plants to inspect dairy farms, collect and test producer milk samples and make reports to the department.
97.22 Milk producers. (8) RULE MAKING. The department may promulgate rules to establish the fees required under sub. (2) (b) or (4) (a) or to govern the operation of dairy farms by milk producers. The rules may include standards for any of the following:
(a) The safety, wholesomeness and quality of milk.
(b) The sanitary construction and maintenance of dairy farm facilities used in milk production.
(c) The availability of safe and adequate water supplies for milk production.
(d) The sanitary construction, maintenance and cleaning of equipment and utensils used in milk production.
(e) Personnel sanitation related to milk production.
(f) Sanitary procedures for the production of milk, including but not limited to the handling, transfer and storage of milk on a dairy farm.
97.29 Food Processing Plants (5) RULE MAKING. The department may promulgate rules to establish the fees required under sub. (3) (a) or (c) or to govern the operation of food processing plants. Rules may include standards for the construction and maintenance of facilities; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; food handling and storage; sanitary production and processing; and food sources and food labeling.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that it will use approximately 0.20 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. The department will use existing staff to develop this rule.
List with Description of All Entities that may be Affected by the Proposed Rule
The proposed technical changes to current rules will not have any impact on persons covered by those rules. There will be no adverse impact on business or local government.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
Not applicable.
Anticipated Economic Impact of Implementing the Rule (Note If the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Karen Schultz, Executive Staff Assistant, (608) 224-5023.
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on February 18, 2013.
Rule No.
Relating to
Animal disease and movement and animal markets, truckers, and dealers.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
This proposed rule will modify current animal health rules to align with federal regulations, state statutory requirements, and previous rule modifications. The proposed rule will also make various modifications to provide for flexibility and consistency. These changes may include, but are not limited to, the following:
Federal regulations. Changes made as a result of federal regulations include the following:
• Modifying the definition of “official individual identification" to align with federal traceability rules.
• Establishing chronic wasting disease (CWD) herd status program requirements and deadlines to align rules with United States Department of Agriculture (USDA) rules that establish a Herd Certification Program (HCP) for CWD in farm-raised or captive cervids in the United States.
State statutory requirements. Changes made as a result of state statutory requirements include the following:
• Repealing various rule requirements due to statutory repeals.
Flexibility and consistency. Changes made to provide for flexibility and consistency include the following:
• Eliminating cross references to requirements that no longer exist in rule.
• Eliminating turkey commingling prohibitions to benefit small poultry farmers.
• Establishing training requirements for individuals approved by the department to collect CWD test samples.
• Clarifying when a valid health certificate must accompany any fish and fish eggs.
• Eliminating certain record keeping requirements.
• Modifying various import requirements.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Current policies to accommodate federal CWD regulations.
Under
9 CFR ss. 55.23 (b) (4) and
55.25, in order to have an approved CWD herd certification program, a state program must require all of the following:
• A complete physical herd inventory must be performed for all herds enrolled in the CWD herd status program no more than 3 years after the last complete physical herd inventory for the herd.
• Each deer in an enrolled CWD herd status program must have at least two forms of identification attached to the animal.
The department developed the following policies relating to these federal requirements:
• Physical herd inventory: The first complete physical herd inventory by an APHIS employee, state representative or accredited veterinarian of farm-raised deer currently enrolled in the Wisconsin CWD herd status program must be completed by December 31, 2015, and no later than every third year thereafter.
• Currently enrolled herds: Deer in herds currently enrolled in the Wisconsin CWD herd status program must have two forms of identification applied as follows:
• By December 31, 2015, to all deer that are 12 months of age or older.
• Effective December 10, 2012, to any live deer, regardless of age, that is moved from the herd.
• Herds planning to enroll: Effective December 10, 2012, any herds planning to enroll in the Wisconsin CWD herd status program must have two forms of identification attached to each deer prior to enrollment.
• Deer added to an enrolled herd: Effective December 10, 2012, any deer added to a Wisconsin enrolled herd must have two forms of identification:
• For natural additions, by 12 months of age.
• For non-natural additions, by the date of entering the herd, regardless of age.
• Reporting deer identification: Effective December 10, 2012, once two forms of identification have been applied to a deer in the Wisconsin CWD herd status program, both forms of identification must be reported on the annual herd census submitted to the department.
Current rule waivers.
The department issued a waiver, effective November 1, 2012, from the prohibition of commingling turkey breeding flocks with other species of fowl or farm-raised game birds, and commingling turkey hatchery eggs with eggs of other species of fowl.
The policies and waiver described above will be reflected in the proposed rules.
Policy alternatives.
• Update rules to accommodate federal CWD regulations. If the department takes no action, current rules will remain in effect. Failure to update the rules may jeopardize Wisconsin's approval from USDA to implement its HCP which allows keepers of farm-raised deer enrolled in the CWD herd status program to move deer interstate.
• Update rules to implement the waiver from the prohibition of commingling turkey breeding flocks/eggs with other species of fowl. If the department takes no action, current rules will remain in effect. The current rule prohibits turkey breeding flocks/eggs from being commingled with other species of fowl. The waiver lifts this prohibition. If the waiver isn't codified in the rule, the rule language prohibiting the commingling of turkey breeding flocks/eggs will remain and conflict with the actual practice allowed under the waiver. The waiver benefits most small poultry farmers who do not have multiple hatchery buildings to meet the requirements of the commingling prohibition under the current rule.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
(10) ANIMAL HEALTH; QUARANTINE. To protect the health of animals located in this state and of humans residing in this state and to determine and employ the most efficient and practical means for these purposes, the department may establish, maintain, enforce, and regulate such quarantine and such other measures relating to the importation movement, and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department determines are necessary. The definition of “communicable disease" in s.
990.01 (5g) does not apply to this subsection.
Section 95.45 Certificates of veterinary inspection; tests for interstate shipment.
(4) (c) The department may promulgate rules to impose requirements on the form, issuance, and filing of certificates of veterinary inspection.
(5) Any certificate of veterinary inspection prepared under this chapter or ch.
169 shall comply with any rules that are promulgated by the department.
Section 95.55 Farm-raised deer.
(1) REGISTRATION. (c) The department shall register a person to keep farm-raised deer in a fenced area that is located in this state and another state without having the entire area in this state enclosed with a fence if all of the following apply:
3. The person complies with all of the rules promulgated under this section for the prevention of disease in farm-raised deer or all such laws of the adjoin state, whichever are more stringent, as determined by the department of agriculture, trade and consumer protection.
(6) RULES. (a) The department shall promulgate rules to regulate persons who keep farm-raised deer. The rules shall establish disease testing requirements for bovine tuberculosis and chronic wasting disease and may establish testing requirements for other diseases.
(b) The rules promulgated under this subsection may include any of the following:
