This rule will maintain the competitiveness of Wisconsin goat milk producers, relative to producers in other states, by conforming Wisconsin goat milk standards to new (less stringent) national standards.
Related statutes and rules
Dairy plant operators are required to test goat milk received from producers, to ensure that goat milk meets somatic cell and other standards. Milk must be tested in certified laboratories, and test results must be reported to DATCP. Serious or continued violations of milk quality standards may result in state enforcement action, including the suspension of a milk producer's grade A dairy farm permit. In some serious cases, dairy plant operators must take immediate action to reject milk shipments from the affected dairy farms until violations are eliminated. However, not all violations require such an “immediate response." See, generally, chs.
ATCP 60 and
80, Wis. Adm. Code.
Wisconsin rules for grade A milk and fluid milk products (including goat milk and fluid goat milk products) must be in reasonable accord with the interstate pasteurized milk ordinance (PMO). See s.
97.24, Stats. The PMO is adopted by the National Conference on Interstate Milk Shipments (NCIMS) with the approval of the United States Food and Drug Administration (FDA), and is administered by FDA. Wisconsin rules must be at least as stringent as the PMO in order for Wisconsin to ship milk and fluid milk products in interstate commerce.
Plain language analysis
Recently, NCIMS and FDA relaxed the PMO standard for somatic cells in Grade A goat milk, from 1,000,000 somatic cells per ml to 1,500,000 per ml. The United States Department of Agriculture is making an equivalent change in its somatic cell standard for Grade B goat milk (Grade B milk may not be sold as fluid milk, but may be used to manufacture non-fluid dairy products such as cheese).
This permanent rule relaxes Wisconsin's standard for somatic cells in Grade A and Grade B goat milk, from 1,000,000 somatic cells per ml to 1,500,000 per ml, to conform to the new national standard. This rule also eliminates the current “immediate response" requirement, under which a dairy plant operator must immediately reject goat milk shipments from producer whenever a somatic cell count on any shipment from that producer exceeds 1,500,000 per ml.
Comparison with federal regulations
There is no federal law that compels this rule change. However this rule is consistent with recent changes in national standards (see above).
Comparison with rules in adjacent states
All surrounding states with dairy goat herds are likely to adopt the standard contained in this rule.
Summary of factual data and analytical methodologies
Somatic cell test methods for goat milk are currently prescribed by s.
ATCP 60.22 (3), Wis. Adm. Code. This rule does not change current test methods.
Small Business Impact
This rule will benefit the Wisconsin dairy goat industry, by relaxing the current somatic cell standard for dairy goat milk to conform to the newly relaxed national standard. This rule will maintain parity with other states, and will relieve goat milk producers and dairy plant operators of certain problems associated with the current somatic cell standard.
To provide comments or concerns relating to small business, you may contact DATCP's small business regulatory coordinator Keeley Moll at the address below, or by emailing to
Keeley.Moll@wi.gov or by telephone at (608) 224-5039.
Fiscal Estimate
This rule will have no fiscal impact on the state of Wisconsin or on local units of government.
Agency Contact Person
Questions and comments related to this rule may be directed to:
Tom Leitzke
Dept. of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4711
Notice of Hearing
Children and Families
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.155 (6g) and
227.11 (2) (a), Stats., the Department of Children and Families proposes to hold a public hearing to consider proposed and emergency rules revising Chapter
DCF 201, relating to authorized hours of subsidized child care and affecting small businesses.
Hearing Information
Date and Time:
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Location:
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June 17, 2010
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MADISON
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Thursday
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GEF 1 Building, H206
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1:30 p.m.
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201 E. Washington Avenue
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Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is wheelchair accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at a hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
Submittal of Written Comments and Copies of Proposed Rule
A copy of the proposed rule is available at
http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen, Office of Legal Counsel
Department of Children and Families
201 E. Washington Avenue
Madison, WI 53707
Phone: (608) 267-9403
Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov web site no later than June 17, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Children and Families
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
49.155 (1m) (a), Stats., provides the work, training, and educational activities for which an eligible individual can receive a subsidy for child care. A child care administrative agency determines the hours of child care authorized per week and authorizes payment to a child care provider.
Maximum number of authorized hours
Section
49.155 (6g) (a), Stats., as created by
2009 Wisconsin Act 28, provides that no more than 12 hours of child care per day per child may be authorized unless the parent provides written documentation of work or transportation requirements that exceed 12 hours in a day. The child care administrative agency may authorize more than 12 hours, not exceeding 16 hours, of child care per day for a child whose parent provides written documentation of work or transportation requirements that exceed 12 hours in a day. If the authorized hours of child care per day for a child will be reduced from more than 12 to 12 or less because the child's parent does not provide the written documentation, the child care administrative agency shall provide to the child's parent and to the child care provider 4 weeks' notice of the reduction in authorized hours before actually reducing the child's authorized hours.
Adjusting authorized hours
Section
49.155 (6g) (am) and
(b), Stats., as created by
2009 Wisconsin Act 28, provides that if payment to a child care provider is based on authorized hours of child care, the department shall do all of the following with respect to establishing and adjusting the number of authorized hours per child:
•
The department shall track a child's hourly usage of child care authorizations over a 6-week period.
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If the child's hourly usage tracked is less than 60 % of the authorized hours of child care, the department shall reduce the authorized hours of child care for the child to 90% of the maximum number of hours of child care that the child attended during that 6-week period.
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The department shall provide written notice of the proposed adjustment to the child's parent, the child care provider, and the applicable county department or agency.
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The department shall provide a grace period after the number of authorized hours are reduced during which time the child care subsidy amount paid to the child care provider for the child shall remain the same as before the reduction in authorized hours was made.
The department shall exclude from a child's hourly usage calculation all of the following:
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One week per year of vacation time for the child care provider.
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One week per year of sick time for the child care provider.
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Two weeks per year of vacation time for the child's parent.
The department shall promulgate rules that specify how these requirements will be implemented.
Summary of the rule
The proposed rules will incorporate the provisions of s.
49.155 (6g), Stats., regarding authorized hours of subsidized child care.
The statute requires a grace period during which the subsidy paid to the provider remains the same after the authorized hours are reduced. The proposed rules will provide that the grace period will be 2 weeks.
The rules also provide that weeks for which the child care administrative agency approved payment to a provider to hold a slot during a parent's temporary break in employment shall be excluded from a child's hourly usage calculation. Section
DCF 201.04 (2) (h) currently provides that the child care administrative agency may authorize payment to a provider to hold a slot for a child if the parent has a temporary break in employment and intends to return to work and continue to use the child care provider upon return to work. The agency may authorize payment for no more than 6 weeks if the absence is due to a medical reason and is documented by a physician or for no more than 4 weeks if the absence is for other reasons.
In addition, the proposed rules update agency terminology and definitions to reflect changes in
2009 Wisconsin Act 28 that authorize the department to contract with counties, tribes, W-2 agencies, child care resource and referral agencies, or other agencies to administer the child care subsidy program and to certify child care providers. Act 28 also provides for department administration of child care in Milwaukee County.
Summary of factual data and analytical methodologies
The Governor's veto message requested the department to implement a 2-week grace period.
Comparison with federal regulations
None.
Comparison of rules in adjacent states
Michigan:
A provider may only receive payment for a child's hours of attendance, except for absences due to the child's illness, not to exceed 2 consecutive weeks, and state holidays.
Illinois:
Payment to licensed and license-exempt child care centers are based on authorized days if the total of days attended for all publicly-funded children at the center location are 80% of the authorized days for the month.
Payment to licensed home providers are based on authorized days if the total of days attended for all children in a family are 80% of the family's authorized days for the month.
Payment to license-exempt home providers are based only on attendance.
Iowa:
Payment is based on authorized days with payment allowed for a child not in attendance not to exceed 4 days per calendar month.
Minnesota:
Payment is based on authorized days except child care providers may not be reimbursed for more than 25 full-day absent days per child, excluding holidays, in a fiscal year, or for more than 10 consecutive full-day absent days, unless the child has a documented medical condition that causes more frequent absences.
Analysis used to determine effect on small businesses
The proposed rule will affect child care providers, but the rule has minimal effect beyond the requirements of the statute.
Small Businesses Impact
The proposed rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of businesses.
Fiscal Estimate
