Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the June 30, 2002, 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 01-057)
An order affecting ch.
ATCP 81, relating to cheese grading, packaging and labeling.
Effective 7-1-02
Summary of Final Regulatory Flexibility Analysis
This proposed rule modifies current rules under ch.
ATCP 81, Wis. Adm. Code, related to cheese grading, packaging and labeling.
Under current DATCP rules, the majority of eyes or holes in Swiss (emmentaler) cheese must be 9/16 to 13/16 inch in diameter in order for the cheese to be labeled or sold as Wisconsin grade A or Wisconsin state brand. There are no eye size specifications in the current standards for Wisconsin grade B Swiss (emmentaler) cheese.
The proposed rule brings the Wisconsin grade standards for Swiss (emmentaler) cheese into conformance with recent changes in the federal grade standards adopted by the United States Department of Agriculture. The proposed rule allows smaller eyes by expanding the lower end of the eye size range and requires that the majority of eyes be 3/8 to 13/16 inch in diameter for Wisconsin grade A (Wisconsin state brand). It also requires the eyes to be relatively uniform in size and uniformly distributed. The proposed rule also establishes the same eye size range of 3/8 to 13/16 inch in diameter for Wisconsin grade B.
The proposed rule defines current and new terms to help clarify the grade standard characteristics with respect to eye and texture characteristics of Swiss cheese. The proposed rule also modifies grading procedures for Swiss cheese to allow for better examination and evaluation of texture, color, and eye characteristics. For the determination of texture, color, and eye characteristics, the cheese must be divided approximately in half to expose two cut surfaces for examination. Upon request of the owner of the cheese (or the owner's authorized representative), cheese samples for grading purposes may be obtained with the use of a trier in lieu of dividing the cheese in half.
A “small business," as defined in s.
227.114 (1) (a). Stats., means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs fewer than twenty-five full time employees or which has gross annual sales of less than $2,500,000. There may be a small number of Swiss cheese manufacturers that are likely to meet this definition of a “small business." In addition, this rule may affect some packagers and cut/wrap operations that distribute cheese, as well as some small retail outlets.
This rule update in the Wisconsin grade standard for Swiss (emmentaler) cheese is necessary to keep pace with changes in manufacturing and packaging technology and meet a variety of customer and consumer preferences. Packagers and cut/wrap operations prefer smaller eyes that facilitate cutting operations with high-speed slicing equipment. Smaller eyes also enable the cutter to better control package weight and minimize trim. Delicatessen operators prefer a larger eye size due to customer preference at the retail level. It is believed that cheese manufacturers currently producing Swiss cheese with an eye size range of 9/16 to 13/16 inch in diameter will maintain or grow their market niche.
The proposed rule will not impose any direct costs on small businesses. These rule changes do not require any additional reporting or record keeping. No additional knowledge or professional skills are needed to meet the requirements of these proposed amendments.
Summary of Comments of Legislative Standing Committees
On February 15, 2002, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Labor and Agriculture and the Assembly Committee on Agriculture.
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The Assembly committee took no action on this rule during the review period.
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The Senate committee took no action on this rule during the review period.
Agriculture, Trade and Consumer Protection
(CR 01-114)
An order affecting ch.
ATCP 30, relating to pesticide product restrictions.
Effective 7-1-02
Summary of Final Regulatory Flexibility Analysis
The amendments to ATCP 30 Appendix A will affect small businesses in Wisconsin. Atrazine cannot be used in certain areas of the State where groundwater contamination exceeds the atrazine enforcement standard in s.
NR 140.10 Wis. Adm. Code. The greatest small business impact of the rule will be on users of atrazine -- farmers who grow corn. The proposed prohibition area contains approximately 12,000 acres. Assuming that 50% of this land is in corn and that 50% of these acres are treated with atrazine, then 3,000 acres of corn will be affected. Between 10 and 30 producers would be affected, depending on their corn acreage and their reliance on atrazine products. These producers are small businesses, as defined by s.
227.114 (1) (a), Stats. Secondary effects may be felt by distributors and applicators of atrazine pesticides, crop consultants and equipment dealers. Since the secondary effects relate to identifying and assisting farmers in implementing alternative weed control methods, these effects will most likely result in additional or replacement business and the impacts are not further discussed in this document.
The maximum application rate for atrazine use in Wisconsin is based on soil texture. This may necessitate referring to a soil survey map or obtaining a soil test. While this activity is routine, documentation would need to be maintained to justify the selected application rate. A map delineating application areas must be prepared if the field is subdivided and variable application rates are used. This procedure is already required under the current atrazine rule.
All users of atrazine, including farmers, will need to maintain specific records for each application. This procedure is already required under the current atrazine rule.
Summary of Comments of Legislative Standing Committees
On January 31, 2002, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform and to the Assembly Committee on Agriculture.
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The Senate committee took no action on this rule during the review period.
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The Assembly committee took no action on this rule during their review period.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
(CR 01-092)
An order affecting ch.
A-E 6, relating to the number of required semester credits in land surveying for an applicant applying with a bachelor's degree in civil engineering.
Effective 7-1-03
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
Comm 32, relating to public employee safety and health.
Effective 7-1-02 & 1-1-03
Summary of Final Regulatory Flexibility Analysis
The proposed rules will not affect any small businesses as defined in section
227.114 (1) (a), Stats. The proposed rules apply to public sector employers and employees.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
Comm 62, relating to building construction accessibility requirements.
Effective 7-1-02
Summary of Final Regulatory Flexibility Analysis
The state Commercial Building Code includes the adoption of the 2000 edition of the International Building Code® (IBC), the International Energy Conservation CodeTM (IECC), the International Mechanical Code® (IMC), and the International Fuel Gas Code® (IFGC). All newly constructed or altered public buildings and places of employment will be affected by these rules. Similar accessibility rules have been in effect in the state since December 1994 and the federal accessibility laws have been in effect for over 10 years, so the impact of these rules should be minimal.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
Comm 70, relating to historic buildings.
Effective 7-1-02
Summary of Final Regulatory Flexibility Analysis
The Division has adopted the state Commercial Building Code, chapters Comm 61 to 65, under Clearinghouse Rule number 00-179. These changes include the adoption of the 2000 edition of the International Building Code® (IBC), the International Energy Conservation CodeTM (IECC), International Mechanical Code® (IMC), and the International Fuel Gas Code® (IFGC). The primary reason for changing Comm 70 is to modify the building evaluation method for qualified historic buildings by updating the cross-references to the revised Wisconsin Commercial Building Code, chapters Comm 61 to 65, which will take effect July 1, 2002. The impact of these rules on small businesses is minimal, if any.
Summary of Comments of Legislative Standing Committees
No comments were received.
