Rule-Making Notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
(Reprinted from 9/15/10 Register)
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on rules to create section
ATCP 69.01 (3) (e) and
(f), relating to buttermaker license qualifications. DATCP will hold the public hearing at the time and location shown below.
Hearing Information
October 1, 2010
10:00 a.m. – 11:30 a.m.
WI Department of Agriculture, Trade & Consumer Protection
2811 Agriculture Drive – Conference Room 172, 1st Floor
Madison, WI 53718
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by
September 30, 2010, by writing to Deb Mazanec, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911; e-mailing to
debbie.mazanec@wi.gov or by phone at (608) 224-4712. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Submittal of Written Comments
DATCP invites the public to attend the hearing and comment on the rules. Following the hearing, the hearing record will remain open until Friday,
October 8, 2010 for additional written comments. Comments may be sent to the Debra Mazanec, Division of Food Safety at the address above, by email to
debbie.mazanec@wi.gov or online at
http://AdminRules. Wisconsin.gov/.
To provide comments or concerns relating to small business, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address above, or by emailing to
Keeley.Moll@wi.gov or by telephone at (608) 224-5039.
Copies of Proposed Rule
You may obtain free copies of the rule by contacting the Wisconsin Dept. of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain copies by calling (608) 224-4712 or e-mailing to
debbie.mazanec@wi.gov. Copies will also be available at the hearing. To view the proposed rule online, go to:
Analysis Prepared by Dept. of Agriculture, Trade and Consumer Protection
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) currently licenses buttermakers under s.
97.17, Stats. This rule provides more ways for an individual to qualify for licensing as a buttermaker.
Statutes interpreted
Statutes interpreted
Explanation of agency authority
DATCP has broad general authority under s.
93.07 (1), Stats., to interpret laws under its jurisdiction. DATCP has specific authority under s.
97.17 (2), Stats., to establish license qualifications for buttermakers.
Plain language analysis
DATCP licenses individuals as buttermakers under s.
97.17, Stats. DATCP has adopted licensing rules under ch.
ATCP 69, Wis. Adm. Code. Currently, an applicant for a 2-year buttermaker license must pass an examination (required only for initial license) and must show that he or she has done at least one of the following (required for initial and renewal license):
•
Been licensed as a buttermaker for at least 10 years.
•
Worked directly under a licensed buttermaker for at least 24 months.
•
Worked directly under a licensed buttermaker for at least 18 months and completed a DATCP-approved training course from an accredited post-secondary institution.
•
Obtained a 4-year degree in food science (or an equivalent major) from an accredited post-secondary educational institution, and worked directly under a licensed buttermaker for at least 12 months.
Under this rule, an applicant may also qualify for licensing if either of the following apply, with the proviso that the applicant must also pass an examination for an initial license:
•
The applicant holds a Wisconsin cheesemaker license and has done all of the following:
□ Completed a DATCP-approved buttermaker training course.
□ Worked in buttermaking operations for at least 40 hours under the direct personal supervision of a licensed buttermaker.
•
The applicant has done all of the following:
□ Worked in the complete process of buttermaking for at least 120 hours under the direct personal supervision of a licensed buttermaker.
□ Completed DATCP-approved courses in all of the following:
° Buttermaking.
° Production of safe dairy foods.
° Hazard analysis — critical control point (HACCP) process control.
° Principles of milk pasteurization.
° Dairy sanitation.
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 also adopted grading standards for butter. Neither FDA nor USDA licenses buttermakers.
This rule is not affected by current federal rules. However, buttermakers licensed under this rule must be aware of the relevant federal rules.
Comparison with rules in adjacent states
Buttermakers are not required to hold an individual professional license any of the surrounding states (dairy plant operators must be licensed, as in Wisconsin).
Summary of data and analytical methodologies
This rule does not rely on any special data or analytical methodologies.
Small Business Impact
This rule will have a positive impact on the Wisconsin dairy industry, including Wisconsin's butter industry. The rule and will promote the development and diversification of the dairy industry, and will not have any negative impact on business. The rule will:
•
Provide more options for individuals who wish to be licensed as buttermakers.
•
Help relieve a current acute shortage of licensed buttermakers, which is putting the state's butter industry at risk.
•
Allow more people to enter the industry as licensed buttermakers, including makers of artisan and farmstead butter.
•
Help ensure the safety and quality of Wisconsin butter, by ensuring that buttermakers are adequately trained and qualified.
•
Make it easier for licensed cheesemakers to obtain a buttermaker license. That may give them more job flexibility, and provide more opportunities for value-added dairy enterprise.
This rule does not increase license fees, add new recordkeeping requirements, or require businesses to pay for additional professional services. Small businesses will benefit from this rule, and will not be adversely affected in any way. A complete business impact analysis is attached.
Fiscal Estimate
This rule will have no significant fiscal impact on Wisconsin state or local government. This rule does not increase buttermaker license fees. This rule may increase the number of buttermaker licenses, but the increase is not expected to have a significant impact on DATCP license revenues or administrative costs. DATCP expects to absorb any increased costs with current budget and staff. A complete fiscal estimate is attached.
Agency Contact Person
Questions or comments related to this rule may be sent to the following address:
