Scope Statements
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on February 19, 2013.
Rule No.
Relating to
Livestock premises registration, plant inspection and pest control, agricultural enterprise areas, dairy farms, food processing plants, dairy plants and egg grading, handling, and labeling.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
This proposed rule will make technical changes (Non-substantive or minor substantive changes) to a number of administrative code chapters administered by DATCP. This rule may make the following technical changes to current rules:
• Update technical standards incorporated by reference in current rules (new editions of technical references cited in current rules).
• Correct erroneous and obsolete citations and cross-references.
• Correct typographical errors.
• Make non-substantive organizational and drafting changes.
• Make other minor changes to current rules to incorporate new statutory language.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties.
(1)
REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
(12)
PLANT PESTS. To conduct surveys and inspections for the detection and control of pests injurious to plants, make, modify, and enforce reasonable rules needed to prevent the dissemination of pests, declare and manage emergencies relating to the detection and control of pests injurious to plants, provided that such declaration does not supersede the authority of the chief state forester under
s. 23.114 or the department of natural resources under
s.
26.30, and suggest methods of control.
(24)
ENFORCEMENT OF LAWS. To enforce chs.
88 and
93 to
100 and all other laws entrusted to its administration, and especially:
(a) To enforce the laws regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.
(b) To enforce the laws regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.
(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.
(d) To prosecute or cause to be prosecuted any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.
95.51 Livestock Premises Registration (7) RULES. The department may promulgate rules for the administration of this section. The department shall promulgate rules to govern the release of aggregate information under this section by the department.
97.09 Rules. (4) The department may, by rule, establish and enforce standards governing the production, processing, packaging, labeling, transportation, storage, handling, display, sale, including retail sale, and distribution of foods that are needed to protect the public from the sale of adulterated or misbranded foods.
97.20 Dairy Plants. (4) RULE MAKING. The department may promulgate rules to establish amounts of fees required under subs. (2c) to (2w) or to govern the operation of dairy plants. The rules may include standards for the safety, wholesomeness and quality of dairy products; the construction, maintenance and sanitary operation of dairy plants; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; storage and handling of milk and fluid milk products; pasteurization and processing procedures; sampling and testing; and reports and record keeping . The rules may also set forth the duties of dairy plants to inspect dairy farms, collect and test producer milk samples and make reports to the department.
97.22 Milk producers. (8) RULE MAKING. The department may promulgate rules to establish the fees required under sub. (2) (b) or (4) (a) or to govern the operation of dairy farms by milk producers. The rules may include standards for any of the following:
(a) The safety, wholesomeness and quality of milk.
(b) The sanitary construction and maintenance of dairy farm facilities used in milk production.
(c) The availability of safe and adequate water supplies for milk production.
(d) The sanitary construction, maintenance and cleaning of equipment and utensils used in milk production.
(e) Personnel sanitation related to milk production.
(f) Sanitary procedures for the production of milk, including but not limited to the handling, transfer and storage of milk on a dairy farm.
97.29 Food Processing Plants (5) RULE MAKING. The department may promulgate rules to establish the fees required under sub. (3) (a) or (c) or to govern the operation of food processing plants. Rules may include standards for the construction and maintenance of facilities; the design, installation, cleaning and maintenance of equipment and utensils; personnel sanitation; food handling and storage; sanitary production and processing; and food sources and food labeling.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that it will use approximately 0.20 FTE staff to develop this rule. That 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. The department will use existing staff to develop this rule.
List with Description of All Entities that may be Affected by the Proposed Rule
The proposed technical changes to current rules will not have any impact on persons covered by those rules. There will be no adverse impact on business or local government.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
Not applicable.
Anticipated Economic Impact of Implementing the Rule (Note If the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Karen Schultz, Executive Staff Assistant, (608) 224-5023.
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on February 18, 2013.
Rule No.
Relating to
Animal disease and movement and animal markets, truckers, and dealers.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
This proposed rule will modify current animal health rules to align with federal regulations, state statutory requirements, and previous rule modifications. The proposed rule will also make various modifications to provide for flexibility and consistency. These changes may include, but are not limited to, the following:
