Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. Comm 5 - Relating to renewal of expired credentials.
Ch. DFI-Bkg 8.04 - Relating to stating name and location of office on bank checks.
Ch. HFS 97 - Relating to complaint procedures for inmates of the Wisconsin resource center.
Ch. HFS 79 - Relating to administration of supplemental security income (SSI), state supplemental payments to low-income elderly and disabled residents of Wisconsin and their dependent children.
Ch. NR 7 - Relating to recreation boating facilities program.
Ch. NR 10 - Relating to deer management unit boundaries and population goals.
Ch. PSC 118 - Relating to the use of renewable resource credits.
Rule orders filed with the
revisor of statutes bureau
The following administrative rule orders have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication date of these rules could be changed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rule orders.
An order affecting chs. Comm 20-25 relating to the uniform (1-2 family) dwelling code.
Effective 4-1-01
An order to add sewerage systems to ch. PSC 132.
Effective 3-1-01
rules_published
Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the January 31, 2001 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(
CR 00-060)
An order to repeal and recreate ch. ATCP 75 relating to retail food establishments.
Effective 2-1-01
Summary of final regulatory flexibility analysis
This rule repeals and recreates DATCP's current rules for retail food establishments, such as grocery stores. This rule is based on the federal model food code, published by the United States Food and Drug Administration. The model food code is based on the best science currently available to FDA.
The Wisconsin Department of Health and Family Services is proposing nearly identical rules for restaurants. This is a joint effort by DATCP and DHFS to establish consistent and up-to-date standards for all food service operations. DATCP and DHFS are already coordinating their licensing and inspection activities, to provide effective regulation without unnecessary overlap.
The model food code is applicable to retail food establishments as well as restaurants. The FDA has recommended that state and local governments adopt the model food code. Retail food operations throughout the nation are familiar with the model food code.
This rule will not have a major impact on small businesses, because the food sanitation requirements contained in this rule are similar to those that currently apply. However, this rule will require some additional training of retail food establishment personnel. It should not be necessary for retail food establishments to hire additional professional services to comply with this rule.
This rule will assist small business by maintaining public confidence in the retail food supply, and by eliminating inconsistent regulation of retail food establishments and restaurants (many of which are combined at the same location). The final regulatory flexibility analysis is attached as an Appendix.
On September 1, 2000, the department transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Health, Utilities and Veterans and Military Affairs and the Assembly Committee on Public Health. The Assembly committee took no action on this rule during the review period.
The Senate committee held a hearing November 2, 2000. As a result of this hearing, the Chair of the Senate committee, Rodney Moen, asked that DHFS modify their rule to establish minimum inspection frequencies of once every 12 months for full service restaurants and once every 18 months for limited service restaurants. DHFS has agreed to make these modifications to their rule.
Neither committee asked DATCP to modify the final rule. Also, neither of the committees asked the agencies to make any changes to Appendix A of the rule, the Wisconsin Food Code.
Agriculture, Trade and Consumer Protection
(
CR 00-104)
An order affecting ch. ATCP 136 relating to reclaiming and recycling refrigerant for mobile air conditioners.
Effective 2-1-01
Summary of final regulatory flexibility analysis
Small businesses continue to have flexibility under the current rule and the proposed amendments. Auto repair businesses are not required to service or repair mobile air conditioners or trailer refrigeration equipment. In fact, many auto repair businesses do not service air conditioners or refrigeration equipment themselves. Rather, they contract out repairs related to refrigerant recovery, recycling and recharging air conditioners or refer customers to businesses registered to perform these kinds of repairs.
This department transmitted the above rule for legislative committee review on October 12, 2000. The rule was assigned to the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform on October 18, and to the Assembly Committee on Environment on October 19. The committees took no action on the rule during its review period. Nor did the department receive any comments from the committees.
An order to repeal and recreate ch. HFS 175 relating to recreational and educational camps.
Effective 2-1-01
Summary of final regulatory flexibility analysis
No more than 30 of the 246 recreational and educational camps in Wisconsin are small businesses as ``small business" is defined in s. 227.114 (1) (a), Stats. However, the repeal and recreation of ch. HFS 175 will have a minimal fiscal effect on these small businesses.
The revised rules clarify current provisions, add new safety requirements and make the rules more flexible in recognition of changes in the industry. The definition of ``camp" is modified to delete the limitation that a camp provide 4 or more consecutive nights of lodging, the effect being to permit a camp to operate the year around and to enable some camps to avoid having to obtain restaurant and hotel permits in addition to a camp permit; there is no longer a requirement for Department pre-approval of plans for a new or expanded camp; food safety and service requirements and related equipment and utensil requirements in ch. HFS 196, rules for restaurants, are made to apply also to camp dining halls; there are new rules for food safety and sanitation when food is prepared and served out-of-doors; and more flexibility is permitted in staffing for health care services. Finally, the proposed rules reference other existing administrative rules of this Department and the Departments of Commerce and Natural resources. The Department could not exempt particular operators from the rules of other Departments.
The major effect of these rules on camp operators will be increased record keeping requirements necessary to ensure the safety and welfare of campers. However, these rules will not require camp operators to employ additional professional services to achieve compliance. Pursuant to s. HFS 175.02 (2), licensed operators will still have the ability to apply for comparable compliance for alternative methods, practices, materials, equipment or design allowing additional flexibility and minimizing impact.
In summary, these rules are minimum requirements for protecting the health and safety of campers and staff. Given this, no additional special measures could be included in the revised rules to relieve small businesses from complying with the rule's requirements.
An order affecting ch. HFS 196 relating to restaurants.
Effective 2-1-01
Summary of final regulatory flexibility analysis
There are approximately 17,000 licensed facilities that sell meals to the public. These facilities are inspected either by the department or local and municipal health departments. These licensed facilities include: restaurants, temporary food stands, mobile restaurants, campgrounds, lodging facilities and swimming pools with food service facilities. The overall impact of repealing and recreating the proposed ch. HFS 196 rule on small businesses will have a minimal fiscal impact on small businesses and will not require restaurants to employ additional professional services to achieve compliance with the rule.
The proposed restaurant rule will include an ``Appendix A", Wisconsin Food Code, which will update existing requirements and provide guidance for safe food handling practices. This rule is almost identical to the rule being proposed by DATCP for retail food establishments. The proposed rule is based on the 1999 model food code published by the United States Food and Drug Administration (FDA) which has recommended that state and local governments adopt this code to provide more regulatory uniformity between restaurants and retail food establishments and across local and federal jurisdictions.
The Senate Committee on Health, Utilities and Veterans and Military Affairs held a public hearing on the rule on November 2, 2000. During the hearing, a number of people expressed concerns about the ability of the Department or its agents to increase the interval between restaurant inspections to more than 12 months. As a result, Sen. Moen asked that several modifications be made to s. HFS 196.05 (2). On November 2, 2000, the Department sent Sen. Moen a letter agreeing to make the modifications Sen. Moen requested.
An order affecting ch. Ins 23 relating to standards for insurance marketed to fund prearranged funeral plans.
Effective 2-1-01
Summary of final regulatory flexibility analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
An order affecting ch. NR 101 relating to the wastewater fee program.
Effective 2-1-01
Summary of final regulatory flexibility analysis
Pursuant to s. 227.114, Stats., the proposed changes to ch. NR 101 do not change the number nor types of small businesses impacted by the rule. The proposed changes do not require any additional bookkeeping nor reporting, nor do they require any change in the professional skills required to comply with the rule.
An order affecting chs. NR 700, 716, 720, 722, 726, and 746 relating to sites contaminated with petroleum products discharged from petroleum storage tanks.
