Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the October 31, 2009, 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
Revises Chapter ATCP 70, relating to food processing plants. Effective 11-1-09.
Summary of Final Regulatory Flexibility Analysis
For the most part, this rule merely updates and clarifies current rules and makes the rules consistent with other federal and state rules. These modifications will eliminate inconsistent and duplicative regulation, which will make it easier for food processors to comply. Generally, this rule gives affected food processors more flexibility to design effective food safety systems tailored to their operations. But in some instances, this rule provides definite compliance standards that are not provided by federal rules.
This rule requires fish processors and juice processors to implement HACCP plans. But federal rules already require HACCP plans, and there will be no added cost to affected businesses. DATCP will help train affected businesses on the implementation of HACCP plans and other food safety measures. The University of Wisconsin-Extension may offer seminars and training sessions at modest cost.
Consistent with current federal rules, this rule requires food processors to have written recall plans. This rule gives processors considerable flexibility to design recall plans that are tailored to their operations. The rule establishes general content standards, but does not impose specific content requirements. Actual recall procedures may deviate from advance plans, as circumstances warrant.
This rule incorporates current state and federal labeling requirements for processed food, including current federal requirements related to disclosure of major allergens. This rule may prompt food processors to review their labels for compliance with current law, but it does not add any major new labeling requirements.
This rule requires food processors to keep certain records related to food processing operations to help ensure food safety. Since the recordkeeping requirements are consistent with normal business practice, they will not impose significant new burdens or costs. There are no new professional skills required.
This rule may require some changes in some food processing facilities and operations. But for most food processors, the changes (if any) will not be large or costly. Most food processors are already complying with most of the requirements. New requirements related to hand-washing facilities will apply prospectively to newly installed facilities or newly licensed operations.
Many of the food processing plants affected by this rule are “small businesses." This rule will not have a significant adverse effect on small businesses, and it will help many small businesses by making food safety regulations clearer and more consistent. This rule does not exempt small businesses, because food safety risks affect small as well as large businesses. DATCP will help train affected businesses on the implementation of HACCP plans and other food safety measures. The University of Wisconsin-Extension may offer seminars and training sessions at modest cost.
This rule will promote food safety for the benefit of consumers and food processors. This rule will clarify current regulations, and make them more consistent. That will facilitate compliance by food processors. This rule will not have a significant adverse impact on affected small businesses or other affected businesses, and it is not subject to the delayed small business effective date under s. 227.22 (2) (e), Stats.
This rule will make it easier for affected businesses to understand and comply with the rules that apply to them. DATCP will send copies of the rules to all affected businesses and will offer education and training, including education and training during inspections.
Summary of Comments by Legislative Review Committees
On May 28, 2009, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture and Higher Education on June 2, 2009. The Senate Committee on Agriculture and Higher Education reported the rule out on July 2, 2009, with a report of no action taken by the assigned senate committee.
Chiropractic Examining Board
Revises Chapters Chir 1, 2, 3 and 5, relating to continuing education and requirements for proficiency in the use of automated external defibrillators. Effective 11-1-09.
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.
Dentistry Examining Board
Revises Chapters DE 1 and 2 and repeals Chapter DE 4, relating to licensure of foreign trained dentists. Effective 11-1-09.
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. The Department's Regulatory Review Coordinator may be contacted by email at hector.colon@wisconsin.gov, or by calling 608-266-8608.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs. NR 1
Revises Chapter NR 27 to remove the Trumpeter Swan from the endangered species list and Osprey from the threatened species list. Effective 11-1-09.
Summary of Final Regulatory Flexibility Analysis
The revision to ch. NR 27, Wis. Adm. Code, pertains to rules that list plant and animal species that are Endangered and Threatened in Wisconsin. These rules are applicable to the general public but impose no compliance or reporting requirements for small businesses nor are any design or operation standards contained in the rule. Therefore, under s. 227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Transportation, Tourism, forestry and Natural Resources and Assembly Committee on Natural Resources. On March 25, 2009, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments or requests for modification as a result of the hearing.
Natural Resources
Fish, Game, etc., Chs. NR 1
Revises Chapters NR 10, 11 and 15, relating to hunting, trapping, closed areas, and game refuges. Effective 11-1-09 in part and 2-1-10 in part.
Summary of Final Regulatory Flexibility Analysis
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule. Therefore, under s. 227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Fish & Wildlife Committee and the Senate Committee on Transportation, Tourism, Forestry and Natural Resources. On August 5, the Assembly Committee on Fish & Wildlife held a public hearing. On July 16, the Senate Committee on Transportation, Tourism, Forestry and Natural Resources held a public hearing. The department did not receive comments or requests for modification as a result of those hearings.
Pharmacy Examining Board
Revises Chapters Phar 2 and 4, relating to the practical examination. Effective 11-1-09.
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.
Veterans Affairs
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