(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.
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.
97.21 Milk haulers and milk distributors.
(6) Rule making. The department may promulgate rules to establish amounts of fees required under sub. (4) or to regulate bulk milk tanker operators and milk distributors. The rules may include standards for the construction, maintenance and sanitary operation of bulk milk tankers, milk distribution vehicles and milk distribution facilities; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; storage and handling of milk and fluid milk products; identification of bulk milk tankers and milk distribution vehicles; and record keeping. 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:
Since this is a limited rule revision, DATCP estimates that it will use approximately 0.05 FTE staff to develop this rule including time for analysis, drafting rule and related documents, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to implement this rule revision.
5. Description of all entities that may be impacted by the rule:
Bulk milk tanker operators will benefit from the rule revision since it will eliminate possible confusion due to inconsistency between ATCP 82 and recently adopted statutory language removing licensing and licensing fee requirements.
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 guidelines for regulating bulk milk tankers, including requirements for issuing a Grade “A” permit to bulk milk tankers, are found in the Food and Drug Administration’s Pasteurized Milk Ordinance (PMO). Compliance with the PMO is technically voluntary for state regulatory agencies although this document is the foundation of the nation’s Grade “A” milk and milk products industry, and Wisconsin is periodically evaluated by the FDA for compliance with PMO standards. Failure to pass an FDA audit would jeopardize the state’s interstate and international dairy industry.
ATCP 82 already includes provisions consistent with the PMO related to issuing a Grade “A” permit for bulk milk tankers. Licensing and license fee requirements are not addressed by the PMO and this rule revision will not negatively impact Wisconsin’s compliance with the PMO.
7. Anticipated economic impact
By incorporating statutory provisions eliminating licensing fees for bulk milk tankers, this rule change is anticipated to have a positive economic impact for Wisconsin’s dairy industry. It will make Wisconsin’s regulations regarding permitting and licensing bulk milk tankers consistent with practices in other states, including those elsewhere in the Upper Midwest. If adopted, a modest increase in the reinspection fee would impact few bulk milk tanker owners. The department only conducted 13 reinspections of bulk milk tankers over the past year.
Contact Person: Steve Ingham, Division of Food Safety Administrator, DATCP; Phone (608) 224-4701
