Scope statements
Agriculture, Trade and Consumer Protection
Subject
Food and dairy license fees.
Statutory authority
DATCP has broad authority, under s.
93.07 (1), Stats., to adopt rules needed to implement laws under its jurisdiction. DATCP also has specific authority under ss.
93.09 (10),
93.12 (7),
97.17 (4),
97.175 (2),
97.20 (2c) (b),
(2g) (b),
(2n) (b),
(2w) and
(4),
97.21 (4m) and
(6),
97.22 (2) (b),
(4) (am) and
(8),
97.27 (3m) and
(5),
97.29 (3) (am),
(cm) and
(5),
97.30 (3m) and
(5), and
98.146 (4), Stats., to establish dairy and food license and reinspection fees.
Objective of the rule. Provide adequate funding for state food safety programs without creating excessive fund balances. This rule could increase or decrease license fees for any or all of the following:
•
Food processing plants
•
Food warehouses
•
Retail food establishments
•
Dairy plants
•
Milk producers (owning or operating dairy farms)
•
Buttermakers and cheesemakers
•
Milk and food laboratories and water laboratories
•
Certified (laboratory) analysts
•
Bulk milk tankers
•
Bulk milk weighers and samplers
•
Cheese graders and butter graders
Policy analysis
The Department of Agriculture, Trade and Consumer Protection enforces Wisconsin's food safety laws. Among other things, the department licenses and inspects food processing plants, retail food establishments, food warehouses, dairy plants, dairy farms, buttermakers and cheesemakers, milk and food testing laboratories, water testing laboratories, certified laboratory analysts, bulk milk tankers, bulk milk weigher and samplers, cheese graders and butter graders. These programs are designed to safeguard public health and ensure a safe and wholesome food supply. They also facilitate the sale of Wisconsin dairy and food products in interstate and international markets.
Wisconsin's food safety programs are funded by general tax dollars (GPR) and industry license fees (PR). In 1991, license fees funded about 40% of program costs. The 1993-95 biennial budget act reduced GPR funding and required a higher percentage (50%) of license fee funding. Annual program costs increase due to external factors, such as inflation and statewide pay increases, which are not under the department's control. Because of these factors, fees were raised again in 1998. Due to increased expenses and reductions in GPR, fees were again raised in 2006. The department estimates a balance at the end of FY 2007-2008 that is less than one month's operating expenses. In FY 2007-2008 or the following year, new fee schedules may need to be in place to ensure the account has sufficient revenues and is not in a deficit.
The department is not yet able to determine whether, or to what extent, specific license fee increases may be needed, but it will seek fee increases if it concludes that revenues will not be sufficient to maintain adequate food safety inspection services in FY 2007-2008 or the following year. The department could also decrease license fees if excessive fund balances are projected, although that does not appear likely at this time.
Comparison with federal requirements
There are no existing or proposed federal regulations related to the licensing fees of DATCP-licensed food processing plants, food warehouses, retail food establishments, dairy plants, milk producers, buttermakers, cheesemakers, milk and food testing laboratories, water testing laboratories, certified laboratory analysts, bulk milk tankers, bulk milk weighers and samplers, cheese graders or butter graders operating in Wisconsin.
Entities affected by the rule
License fee changes could affect any of the following: milk producers, dairy plants, food processing plants, food warehouses, retail food stores, milk and food testing laboratories, water testing laboratories, certified laboratory analysts, milk haulers, buttermakers, cheesemakers, butter graders, or cheese graders licensed by DATCP. Many of these licensed entities are “small businesses."
Policy Alternative:
•
Keep food and dairy license fees at their current levels. If the department continues to inspect food and dairy establishments at the current frequency, this may produce a deficit in the food safety program revenue account beginning in FY 2007-08.
•
Reduce the current frequency of food safety inspection. This could have the following consequences:
- Increased food safety risks. In 1990, a Food Safety Task Force found that the department was not inspecting food establishments with adequate frequency, and recommended increased inspection for food safety. (This finding was limited to food, not dairy, establishments.) As a result, during the past decade, as the number of dairy farms has decreased, inspection resources have been reallocated to other, higher risk food inspection activities (e.g., food processors and food retail establishments that process potentially hazardous food).
- Interstate sales of milk and dairy products would be jeopardized. Wisconsin sells approximately 85 percent of its dairy output in interstate commerce. Dairy inspection frequency is dictated by the interstate Pasteurized Milk Ordinance (PMO), and cannot be unilaterally altered by the State of Wisconsin. If the department fails to inspect at the frequency dictated by the PMO, the federal Food and Drug Administration will decertify the state, and other states may then refuse to accept shipments of grade A milk and dairy products from Wisconsin. This will cripple Wisconsin's dairy industry.
Statutory Alternatives: None.
Staff time required
The department estimates that it will use approximately 0.5 FTE staff time to develop this rule. This includes research, drafting, preparing related documents, consulting with stakeholders, holding public hearings, and communicating with other affected persons and groups. The department will assign existing staff to develop this rule.
Barbering and Cosmetology Examining Board
Subject
Creating an administrative rule relating to practice standards for barbering and cosmetology licensees when they are performing services outside of a licensed establishment. In today's society, there is a demand for licensed barbers and cosmetologists to provide services in nontraditional settings. The value of sanitation and cleanliness remains a concern in these settings outside of a licensed establishment. The board wishes to address these concerns by rule.
Policy analysis
Objective of the rule. To ensure that licensees comply with all practice standards, including sanitation and cleanliness, when such services are performed in a nontraditional setting outside of a licensed establishment. This rule would serve to protect the public when receiving cosmetology services outside of a licensed establishment.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives.
Current rules provide that barbering and cosmetology licensees shall not provide personal care services outside of a licensed establishment except for persons who are unable to leave their homes because of illness or disability, persons in hospitals, nursing homes, and correctional or other institutions. Current rules also state that licensees shall comply with all practice standards for services taking place outside of a licensed establishment. This proposed rule would explicitly state that these practice standards that must be complied with outside of a licensed establishment would be required whether or not such services were performed in return for compensation.
Statutory authority
Comparison with federal requirements
There is none.
Entities affected by the rule
Barbering and cosmetology licensees.
Staff time required
300 hours.
Barbering and Cosmetology Examining Board
Subject
Creating a rule change to s.
BC 2.03, Barbering and Cosmetology Practice Standards, to prohibit discrimination in the providing of services by licensees. The Barbering and Cosmetology Examining Board has determined that assuring equal opportunity to obtain services is a valid goal of the profession.
Policy analysis
Objective of the rule. Currently, there does not exist in the form of an administrative rule, a prohibition of discrimination towards a prospective client by licensed barbers or cosmetologists. The objective of the rule is to provide equal access to barbering and cosmetology services to the citizens of Wisconsin. This rule will also provide enforcement personnel within the Department of Regulation and Licensing with specific language regulating this area that is consistent with Wisconsin law. This language would prohibit licensees from discriminating on the basis of age, race, color, sex, religion, creed, national origin, ancestry, disability, or sexual orientation.
Existing Policies Relevant to the Rule, New Policies Proposed and Analysis of Policy Alternatives.
Section
BC 2.03 (1) and
(7) relate to unprofessional conduct and sexual harassment respectively. These rules could at times be applicable to a situation involving discrimination in the practice of barbering and cosmetology. This rule will provide an explicit prohibition against discrimination.
