Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter ATCP 34, relating to the Chemical and Container Collection (“Clean Sweep") Program.
Objective of the Rule
Update and clarify current rules related to Wisconsin's “Clean Sweep" program. Among other things, this rule will implement statutory changes authorizing a “Clean Sweep" program for the collection and disposal of unwanted prescription drugs.
Policy Analysis
DATCP has operated an agricultural “Clean Sweep" grant program since 1990. The “Clean Sweep" program has helped county and local governments to collect and dispose of over 3 million pounds of farm chemical wastes.
2003 Wis. Act 33 transferred the state's household “Clean Sweep" grant program (for the collection of hazardous household wastes) from the Department of Natural Resources to DATCP. In 2004, DATCP consolidated the household “Clean Sweep" program with the agricultural program. Since then, “Clean Sweep" grants have helped county and local governments to collect and dispose of over 5 million pounds of household hazardous wastes.
Under the “Clean Sweep" program, DATCP distributes grants to county and local governments for hazardous waste collection events (or permanent collection sites). Funded projects accept farm and household hazardous wastes from end-users and from certain businesses such as agrichemical dealers and golf courses (“very small quantity generators").
2007 Wis. Act 20 authorized DATCP to expand the “Clean Sweep" grant program to include grants for county and local projects to collect unwanted prescription drugs. DATCP has implemented a pilot prescription drug program, and now proposes to develop rules for a more “permanent" program.
This rule may do all of the following:
  Create a “Clean Sweep" component program for prescription drugs that is consistent with federal and state laws related to prescription drugs and controlled substances.
  Clarify procedures under the entire “Clean Sweep" program, including procedures related to grant applications, grant approval, grant contracts, reporting requirements, reimbursement procedures, selection of hazardous waste handlers, and other matters.
  Make other changes, as necessary, to improve the administrative and operational efficiency of the “Clean Sweep" program.
Policy Alternatives
No change. If DATCP takes no action, current rules will remain in effect. There will be no rules for the prescription drug “Clean Sweep" program, and rules for other parts of the “Clean Sweep" program will be outdated. This will cause confusion and inhibit effective administration of the “Clean Sweep" program.
Statutory Alternatives
Amend s. 93.57, Stats., to delete the authorization for a prescription drug “Clean Sweep" program.
Statutory Authority
Sections 93.07, 93.55, and 93.57, Wis. Stats.
Comparison with Federal Regulations
The United States Environmental Protection Agency (EPA) administers the Resource Conservation and Recovery Act (RCRA), which includes regulations affecting the collection, movement, and disposal of hazardous agricultural and household waste. EPA has also adopted universal waste management rules under 40 CFR 273. Wisconsin's “Clean Sweep" grantees and vendors must comply with all applicable RCRA and universal waste provisions.
Prescription drugs that are controlled substances are regulated under the federal Controlled Substance Act (21 USC 801) and the Controlled Substances Import and Export Act (21 USC 951). Wisconsin's prescription drug “Clean Sweep" program must comply with these and related federal laws.
Entities Affected by the Rule
This rule may affect the following persons and entities, among others:
  Local governments (counties, municipalities and regional planning commissions) and tribal nations who are eligible to apply for and receive “Clean Sweep" grants.
  Farmers.
  Homeowners and residential tenants.
  Business that generate very small quantities of hazardous wastes.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 1.0 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before the department adopts the rule.
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter ATCP 69, relating to buttermaker licensing.
Objective of the Rule
This rule may modify current training and examination requirements for licensed buttermakers under ch. ATCP 69, Wis. Adm. Code. Wisconsin is currently facing a shortage of licensed buttermakers. This rule may modify current training and examination requirements, and create new options to facilitate the training and licensing of qualified buttermakers.
Policy Analysis
DATCP administers Wisconsin's buttermaker licensing program under ch. 97.17, Wis. Stats. DATCP has adopted licensing rules under ch. ATCP 69, Wis. Adm. Code. There have been few changes in the current program since 1929.
Under current law, butter must be made by or under the supervision of a licensed buttermaker. However, there are currently only 38 licensed buttermakers in the state. There is a growing national market for butter. Without more licensed buttermakers, Wisconsin's butter industry will be at significant risk and may be unable to take advantage of new market opportunities.
Under current rules, an applicant for a buttermaker license (other than a renewal applicant) must pass an examination. Every applicant (including a renewal applicant) must have at least one of the following qualifications:
  The applicant has been licensed as a buttermaker for at least 10 years.
  The applicant has worked directly under a licensed buttermaker for at least 24 months.
  The applicant has worked directly under a licensed buttermaker for at least 18 months and has completed a DATCP-approved training course from an accredited post-secondary institution.
  The applicant has obtained a 4-year degree in food science (or an equivalent major) from an accredited post-secondary educational institution, and has worked directly under a licensed buttermaker for at least 12 months.
This rule may provide more flexible training and examination options to facilitate the training and licensing of qualified buttermakers. DATCP will develop this rule in consultation with the Wisconsin dairy industry, including the emerging artisan and farmstead buttermaking industry. DATCP will also consult with the University of Wisconsin and other institutions. This rule may take advantage of new training resources and technologies that were not previously available.
This rule will promote the development and diversification of Wisconsin's dairy industry. It will allow more people to enter the industry as licensed buttermakers, including makers of artisan and farmstead butter. It will help relieve an acute shortage of licensed buttermakers, which is putting the state's entire butter industry at risk. It will also ensure the safety and quality of Wisconsin butter, and maintain Wisconsin's reputation as a dairy leader, by ensuring that buttermakers are adequately trained and qualified.
Policy Alternatives
If DATCP takes no action, current rules will remain in effect. Current rules may unnecessarily limit buttermaker licensing, which may in turn limit the development and diversification of Wisconsin's dairy industry.
There are no statutory alternatives at this time.
Statutory Authority
Sections 93.07 (1), 97.17 and 227.24, Wis. Stats.
Comparison with Federal Regulations
The United States food and drug administration has adopted food safety and labeling standards for butter, including a butter “standard of identity" (a product such as margarine may not be sold as “butter"). The United States department of agriculture has adopted grading standards for butter. This rule will not be directly affected by federal rules. However, licensed buttermakers must be aware of relevant federal rules.
Entities Affected by the Rule
Buttermakers
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.