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, Stats., which regulations shall have the force of law.
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.
97.27 Food warehouses.
(5) Rule making. The department may promulgate rules to establish the fees, required under sub. (3), or to govern the sanitary operation of food warehouses. Rules may include any of the following:
(a) Standards for the construction and maintenance of food storage facilities.
(b) Standards for the storage, identification and handling of food.
(c) Record-keeping requirements to show the length of time that food is kept in storage.
(d) Freezing and temperature requirements applicable to frozen-food warehouses, frozen-food locker plants and cold-storage warehouses.
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.
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.05 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating stakeholder meetings, holding public hearings and otherwise communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
5. Description of all entities that may be impacted by the rule
Warehouse operators who store fish and fishery products, but have not already implemented a HACCP system, would be most directly impacted because they would be required to develop and operate a HACCP system. Warehouse operators engaged in minimal food packaging or repackaging would be exempted from a requirement to purchase a second (food processing plant) license, unless they were engaging in storage or other specified activities with molluscan shellfish destined for interstate commerce. Warehouse operators would be required to create recall plans or keep specified records needed to facilitate trace-back and trace-forward activities during a food emergency. Consumers would benefit from more comprehensive HACCP requirements related to fish and fishery products, and improved effectiveness of food emergency response efforts.
6. Summary and Preliminary Comparison of Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Federal fish and fishery products regulations require processors of these foods to adopt HACCP systems. HACCP is an approach for preventing food safety hazards that involves identifying key food processing steps essential for ensuring safety. Processors must develop a plan to monitor and document that each of these key steps is functioning properly and minimizing food safety risks. As part of their HACCP plans, federally-inspected processors are required by
21 CFR 123 (c) (1) (ii) to identify preventive measures for food safety hazards that could arise from microbiological contamination. Microbiological contamination of stored product may occur if appropriate sanitary controls are not maintained.
Federal food inspection is divided between the USDA Food Safety Inspection Service (FSIS) and the Food and Drug Administration (FDA). The FSIS regulates meat and poultry production while the FDA regulates almost all other foods. Under
9 CFR 418, enforced by USDA, and a proposed rule by FDA, pursuant to the Food Safety Modernization Act (FSMA), regulated food facilities are required to create and maintain written food recall plans. Our proposed revisions are consistent with the federal rules and will help integrate federal and state food emergency response efforts.
The department's proposed rule revision will ensure Wisconsin's requirements are consistent with federal regulations and expectations for minimizing food safety hazards and food emergency response capability, while reducing the regulatory burden on some food warehouse operators.
7. Anticipated Economic Impact
This rule change will have a small economic impact on fish and fishery products warehouse operators and all other warehouse operators engaged in food processing as they will have to devote time and resources to developing HACCP systems, and food recall plans or related documentation. It is unlikely, however, that the additional cost will have a significant negative impact on business. Exemption from obtaining a separate food processing plant license in addition to a food warehouse license will help alleviate the economic burden.
Contact Person
Steve Ingham, Division of Food Safety Administrator, DATCP; Phone (608) 224-4701.
Insurance
The statement of scope was approved by the governor on September 23, 2014.
Rule No.
Relating to
Exemption from required uninsured motorist, underinsured motorist and medical payment coverages.
Rule Type
Permanent.
1. Finding/Nature of Emergency
There is no emergency.
2. Detailed Description of the Objective of the Rule
The proposed rule will repeal the exemptions contained in Ins s.
6.77 (3) (am),
(4) (am) and
(b), and
(6), Wis. Adm. Code, as these provisions are no longer required in the administrative code due to recently enacted legislation.
2011 Wisconsin Acts 14 and
224 created identical exemptions as contained in these sections of s.
Ins 6.77, Wis. Adm. Code, therefore rendering s.
Ins 6.77 (3) (am),
(4) (am) and
(b), and
(6), Wis. Adm. Code, duplicative and unnecessary. The proposed rule will lessen confusion and administrative burdens on regulated insurers issuing policies affected by these provisions.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
The proposed rule will repeal exemptions contained in s.
Ins 6.77 (3) (am),
(4) (am) and
(b), and
(6), Wis. Adm. Code, that are identical to exemptions recently added to s.
632.32 (4) and
(4m), Wis. Stats. In particular,
2011 Wisconsin Acts 14 and
224 created exemptions for excess and umbrella policies and commercial liability policies covering only non-owned autos from having to offer or include uninsured motorist coverage, underinsured motorist coverage and medical payment coverage. The proposed rule repealing s.
6.77 (3) (am),
(4) (am) and
(b), and
(6), Wis. Adm. Code, will remove redundant provisions and reduce the risk of confusion.
4. Detailed Statutory Authority for the Rule
Under s.
631.01 (5), Stats., the commissioner is given authority to exempt certain classes of insurance from the requirements of s.
631.36 or
632.32, Stats. The commissioner has previously exercised this authority at various times in adopting and amending s.
Ins 6.77, Wis. Adm. Code, and in this proposed rule to remove the exemptions.
5. Estimates of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
200 hours and no other resources are necessary to develop the rule.
6. List with Description of all Entities that may be Impacted by the Rule
No impact is anticipated by the repeal, since it maintains the status quo.
7. Summary and Preliminary Comparison of Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
significant economic impact on small businesses?
yes
X no
local/statewide economic impact (choose one)
X minimal or none (< or = $50,000)
moderate ($50,000--$20,000,000)
significant (>$20,000,000)
Contact person
Justice
The statement of scope was approved by the governor on September 25, 2014.
Rule No.
Relating to
Awards for victims of crime.
Rule Type
Permanent.
Subject
The proposed rules will be additions to the regulations relating to awards for victims of crime contained in Wis. Admin. Code Chapter
Jus 11. The new proposed rules would govern the provision of awards to health care providers under the Sexual Assault Forensic Examination (“SAFE") program outlined in Subchapter
II of Chapter 949 of the Wisconsin Statutes. Under the SAFE program, a health care provider who performs a forensic examination on a sexual assault victim may apply for an award for the cost of the examination
regardless of whether the victim cooperates with law enforcement.
Objective of the Rule
The State of Wisconsin Department of Justice (the “department") proposes to promulgate rules, as required by Wis. Stat. s.
949.22, for the provision of awards to health care providers under the SAFE program. The proposed rules have the specific objectives of establishing guidelines for examinations, procedures, tests and medications that will be paid for as “examination costs" under Wis. Stat. s.
949.20 (3) and establishing procedures to ensure that any limitation of an award is calculated in a fair and equitable manner. The rules will comply with the statutory requirement in Wis. Stat. s.
949.22 “that any limitation of an award is calculated in a fair and equitable manner."
Policy Analysis
No existing rules will be changed because there are no existing administrative rules governing the SAFE program. The department currently makes SAFE compensation awards to health care providers on a case-by-case basis based on the statutory language in Chapter
949. There are no alternatives to the proposed rules because the statutes direct the department to promulgate rules for SAFE compensation awards.
Statutory Authority
The proposed rules will implement subchapter II of chapter 949, Wis. Stats. ss.
949.20 through
949.38, which governs SAFE compensation awards to health care providers
. Wisconsin Stat. s.
949.22 explicitly directs the department to “promulgate rules for the implementation and operation of this subchapter" and that the rules “include procedures to ensure that any limitation of an award is calculated in a fair and equitable manner."
Entities Affected by the Rule
The proposed rule will primarily affect health care providers that perform examinations under the department's Sexual Assault Nurse Examiner (“SANE") program and the department, which makes SAFE compensation awards and will administer the rule.
Comparison with Federal Regulations
The proposed rules will comply with 42 U.S.C. § 3796gg-4(b)(2) and (d)(1), which provides that states may not receive federal funding to compensate patients or health care providers for the cost of forensic examinations unless the sexual assault victim receives the examination free of charge and without regard to whether the victim participates in the criminal justice system or cooperates with law enforcement. There is no other specific existing or proposed federal regulation that addresses the activities to be regulated by the rule.
Economic Impact
The department anticipates that the rule revision will have minimal or no economic impact, either locally or statewide.
Estimate of Time Needed to Develop the Rule
180 hours.
Agency Contact
Jill Karofsky, Director, Office of Crime Victims Services, Wisconsin Department of Justice, 17 West Main Street, Post Office Box 7951, Madison, WI 53707-7951, (608) 264-9497,
karofskyjj@doj.state.wi.us.
Justice
The statement of scope was approved by the governor on September 30, 2014.
Rule No.
