• This rule bans infant walkers that are banned by
16 CFR 1500.18(a)(6) and that fail to meet the stair-fall protection standard in ASTM standard F 977-07 (“Standard Consumer Safety Specification for Infant Walkers"). This rule applies to infant walkers, also known as “baby walkers," “baby bouncers," and “walker jumpers," that are propelled by infants. It does
not apply to baby strollers that are propelled by attending adults.
Toys with magnets that can be swallowed and can cause serious intestinal injury or death.
• Small and powerful rare-earth magnets are now widely used in toys, building sets and jewelry. As the number of products with magnets has increased, so has the number of serious injuries to children. In several reported incidents, magnets have fallen out of toys and been swallowed by children. Swallowed magnets can attract separately-swallowed metal objects through intestinal walls, and get trapped in place. The trapped magnets can twist or pinch the intestines, and can cause holes, blockages, infection and death if not treated properly and promptly. These injuries are difficult to diagnose. In the United States over the past 3 years, there have been 86 reported injuries, one reported death, and about 8 million magnetic toys recalled.
• This rule bans products which contain magnets that may be swallowed by a child. The ban does
not apply to toys that comply with federal regulations under
15 USC 2056b (the federal regulations adopt standards established by the"Standard Consumer Safety Specification for Toy Safety" published by ASTM International). Nor does it apply to toys in which the magnets are used only as internal parts of motors, relays, speakers or other electrical components, provided that the magnetic action is not part of the play pattern of the toy.
Cribs that can strangle or suffocate infants.
• Over the past 20 years, more than 1,100 children have died from crib-related injuries in the United States, and more than 11,600 children are hospitalized with crib-related injuries each year. Current federal regulations (
16 CFR 1500.18(13) and (14)) ban cribs and related enclosures that fail to comply with applicable federal standards under
16 CFR1508 and
1509 (the federal regulations apply to cribs manufactured after 1974 and 1983, respectively).
• This rule bans baby cribs and related enclosures that are currently banned by federal law under
16 CFR 1500.18(13) or (14).
Yo-yo elastic tether toys that can strangle children.
• Yo-yo elastic tether toys, often called “yo-yo waterballs," have a weighted object attached to a stretchable elastic cord that can extend to over 2 feet. (These “yo-yo waterballs" are different from traditional yo-yos, which do not have stretchable elastic cords). Instructions tell children to “throw the ball into the air and try and catch it," encouraging a lasso-like movement. But the weighted object is heavy enough to generate significant momentum when swung like a lasso, which makes the toy difficult to control. In Wisconsin, there have been 7 reported incidents in which children became unconscious after the cord wrapped tightly around the child's neck and cut off circulation. In other cases, children have suffered broken blood vessels affecting eyes, face and head areas. Illinois, New Jersey, the United Kingdom and Australia have already banned this toy from sale.
• This rule bans yo-yo elastic tether toys that do not comply with the standards for yo-yo elastic tether toys established by federal regulations under
15 USC 2056b (the federal regulations adopt standards established by the “Standard Consumer Safety Specification for Toy Safety" published by ASTM International).
Toys containing excessive concentrations of lead, which can cause serious long-term health effects.
• A recently-enacted federal law (
15 USC 1278a) treats as banned hazardous substances any children's products that contain lead in excess of the following amounts, beginning on the following dates:
* 600 parts per million beginning 180 days after August 14, 2008.
* 300 parts per million beginning one year after August 14, 2008.
* 100 parts per million beginning 3 years after August 14, 2008.
• This rule bans children's products containing lead that are treated as banned hazardous substances under
15 USC 1278a. This ban does not apply to any of the following:
* Electronic devices, including batteries, which meet alternative federal standards related to lead exposure.
* A product component that is fully covered or encased (by something more than paint or electroplating), so that the component is inaccessible to a child despite normal and reasonably foreseeable use and abuse of the product.
DATCP has not incorporated a small business enforcement policy in this rule, as this rule will benefit most affected businesses by clarifying current rules and harmonizing state and federal law. This rule is based on existing federal regulations and, in the case of stair-fall protection in infant walkers, existing industry safety standards. Most affected businesses are already complying with the standards in this rule. Some manufacturers and retailers may need to modify product designs or curtail the sale of hazardous products that violate this rule. But, overall, this rule will have little adverse impact on affected business.
Summary of Comments by Legislative Review Committees
On May 18, 2009, DATCP transmitted the rule for legislative review. The rule was assigned to the Senate Committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection and to the Assembly Committee on Consumer Protection. The Senate Committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection did not hold a hearing and took no action. The Assembly Committee on Consumer Protection did not hold a hearing and took no action.
Insurance
Revises Chapters
Ins 2,
5,
6,
26 and
28, relating to licensing, prelicensing, and continuing education for insurance agents, and affecting small business. Effective 9-1-09.
Summary of Final Regulatory Flexibility Analysis
This rule change will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not requited.
Summary of Comments by Legislative Review Committees
No comments were received.
Medical Examining Board
Amends section
Med 20.05 (title) and creates section
Med 20.055, relating to temporary certificates for respiratory care practitioners who are certified in other states. Effective 9-1-09.
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), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Medical Examining Board
Revises sections
Med 8.08 and
8.10 (3), relating to prescribing limitations for physician assistants. Effective 9-1-09.
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), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Creates Chapter
NR 40, relating to the identification, classification and control of invasive species. Effective 9-1-09.
Summary of Final Regulatory Flexibility Analysis
The rule does not have a significant economic impact on a substantial number of small businesses. Species assessed and listed in this rule were chosen in part because limiting their use would not cause significant hardships for any sector of society. A few businesses will need to stop the sale of a few species that are not major commodities for them. Some businesses, governmental agencies and individuals will be expected to follow best management practices (BMPs) or take other reasonable precautions when conducting their business to prevent the unknowing or incidental spread of invasive species. Such stakeholder groups are being involved in the development of such BMPs to ensure that they are reasonable and feasible. Further justification follows for each group of species.
Terrestrial and Aquatic Plants, Algae and Cyanobacteria:
The Wisconsin Nursery Association surveyed its members and found that there are very few that are growing the plants listed in this rule, so the impacts will be minor. Businesses that have valid reasons to use restricted species in ways that minimize their spread may apply for a permit to allow specific uses. A very small number of floriculture growers, herbalists, nursery growers and others are likely to utilize the permit process. Unless they fit under an exemption or have obtained a permit, any business that sells or uses prohibited or restricted species will need to sell the plants prior to rule implementation, or keep them indefinitely. Department staff will be contacting potentially affected businesses prior to implementation.
Landowners or public land managers whose property contains a prohibited species may be asked to control the species. Department staff or cooperators will work with the landowners to determine the best means to contain the prohibited species. Where possible the Department will assist with the control effort and will seek funding, such as federal grants, to assist in the cost of controls. Landowners that possess restricted species on their property are encouraged to control the invasive species, but are not required to do so.
Boaters, lake associations and state, county, or municipal water resource managers and private consultants, water garden and aquarium industry may be affected by this rule. They will not be allowed to introduce listed species to the environment and will need to take reasonable precautions to avoid transport or introducing aquatic invasive species. Marinas, fishing resorts, lakeshore owners, anglers and others will benefit from the results of this rule as fewer water bodies become infested with invasives.
Utilities, mowing contractors and others who conduct vegetation maintenance or construction activities may need to modify their practices to prevent the inadvertent spread of listed species. Restoration and water resources consultants, vegetation managers, landscape contractors, property managers and landowners all may benefit from this rule.
Fish and aquatic invertebrates:
The rule may affect fish farmers, aquarium-fish stores and crayfish trappers. The rule does not impose any additional reporting or record-keeping requirements on them. No species currently handled on fish farms will be prohibited or further restricted, but new non-native species could not be used for aquaculture under the rule. Grass carp are not currently permitted in Wisconsin and are prohibited under the rule. This may be a point of disagreement with the aquaculture industry. The importation of mosquitofish to fish farms for rearing, introduction, or use as bait is currently illegal without a Department permit under s.
29.735, Stats., and the rule does not change that, except to explicitly condone the incidental or unknowing importation of this species when not due to a person's failure to take reasonable precautions. It is not the intention of the Department to curtail current importation practices, but we are interested in working with the Wisconsin Aquaculture Association and individual fish farmers to develop best management practices that would, if possible, limit the incidental importation of this species and that would minimize or eliminate its dispersal with bait after importation.
The rule prohibits only 2 species now handled in the aquarium trade, the eastern and western mosquitofish, but viable non-native aquarium species not currently in trade would be prohibited and the identified fish species in the aquarium trade would have to be confined to safe facilities. The prohibition of mosquitofish may be a point of disagreement with the aquarium-fish industry. Consistent with the newly approved VHS rules, recreational anglers will be prohibited from transporting live fish, except under certain defined conditions, and boaters will be required to observe certain safety precautions, including draining all water from boats and containers and clearing all non-native species from their boats and trailers. Crayfish trappers will be required to keep any live rusty crayfish that they have trapped in safe facilities.
Terrestrial Invertebrates and Plant Disease Causing Microorganisms:
No significant new impacts are expected. This rule supports existing authority for prohibitions and quarantine enforcement already in place for DATCP and outlined in ch.
ATCP 21, Wis. Adm. Code, and ch.
94, Stats., thus businesses that transport, possess and transfer raw wood products such as pulp and paper mills, sawmills and firewood dealers may be affected by more rigorous enforcement of quarantine rules. Movement of raw, untreated products out of quarantined areas will be restricted. Treatment of raw wood products or restrictions on timing of movement out of a quarantined area may be required.
Terrestrial and Aquatic Vertebrates (except fish):
No significant impact is anticipated for small businesses. Anyone raising Russian boar or other wild swine for meat-production agriculture will be able to continue their business but will be required to secure a DNR permit. Sales and possession of legally obtained monk parrots as pets will not be affected. Existing US Food and Drug Administration regulation
21 CFR § 1240.62 already bans the sale of red-eared slider turtles with carapace lengths less than 4 inches, so this is not a new regulation.
Summary of Comments by Legislative Review Committees
Department staff met with representatives of most organizations that had significant comments on the draft rule and revised the rule to accommodate their concerns to the extent practicable.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Revises Chapter
NR 428, relating to the control of nitrogen oxide emitted by stationary sources in the ozone nonattainment area in southeastern Wisconsin, and to SIP approvability and miscellaneous implementation issues. Effective 9-1-09.
Summary of Final Regulatory Flexibility Analysis
The existing rule requirements apply to large industrial or electric generation sources. Based on the limited nature of the proposed changes to the existing rule, there is no direct impact to small businesses anticipated.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Commerce, Utilities, Energy and Rail. On June 3, 2009, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments or requests for modification from either of the committees.
Public Instruction
Revises Chapter
PI 22, relating to precollege scholarships. Effective 9-1-09.
Summary of Final Regulatory Flexibility Analysis
The rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Revenue
Creates sections
Tax 8.03 and
8.05, relating to wine collectors and small winery cooperative wholesalers. Effective 9-1-09.
Summary of Final Regulatory Flexibility Analysis
This rule order does not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
University of Wisconsin System
Revises Chapters
UWS 17 and
18, relating to student nonacademic misconduct, and conduct on land under the control of the Board of Regents. Effective 9-1-09.
Summary of Final Regulatory Flexibility Analysis
The rules will have no effect on small business.
