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Wisconsin
Administrative
Register
No. 478
Publication Date: October 14, 1995
Effective Date: October 15, 1995
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
toc_oct
T a b l e o f C o n t e n t s
1) NOTICE SECTION.
Agriculture, Trade & Consumer Protection:
Hearings to consider amendments to ch. ATCP 70, relating to food processors. (p. 3)
Hearings to consider amendments to chs. ATCP 74 and 75, relating to retail food establishments. (p. 5)
Insurance:
Hearing to consider amendment to ss. Ins 6.57 and 6.59, relating to fees for listing insurance agents and renewal of corporation licenses. (p. 8)
Public Instruction:
Hearing to consider revision of chs. PI 3 and 4, relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components.
(p. 8)
Hearings to consider s. PI 11. 13 (4) and (5), relating to interim alternative educational settings for children with EEN who bring firearms to school. (p. 9)
Regulation & Licensing:
Hearing to consider revision to chs. RL 80 to 86, relating to real estate appraisers. (p. 10)
Transportation (Dept.):
Hearing to consider amendment to s. Trans 4.06 (4), relating to urban mass transit operating assistance program. (p. 10)
2) EMERGENCY RULES NOW IN EFFECT.
Emergency Response Board:
Rules relating to fees for transporting hazardous materials. (p. 13)
Employment Relations-Merit Recruitment & Selection:
Rules relating to layoff procedures for employes not covered by collective bargaining agreement. (p. 13)
Gaming Commission:
Rules relating to betting pools, animal drug testing, intertrack and simulcast wagering. (p. 14)
Health & Social Services:
Community Services, Chs. HSS 30--
Rules relating to treatment foster care for children. (p. 14)
Rules relating to licensed adult family homes. (p. 14)
Health & Social Services:
Health, Chs. HSS 110--
Rules relating to home health agencies. (p. 15)
Rules relating to qualifications of ambulance service medical directors. (p. 15)
Health & Social Services:
Economic Support, Chs. HSS 200--
Rules relating to emergency assistance for low-income families. (p. 16)
Rule relating to energy assistance for low-income families. (p. 16)
Health & Social Services:
Youth Services, Chs. HSS 300--
Rules relating to aftercare conduct and revocation. (p. 16)
Industry, Labor & Human Relations:
Petroleum Products, Ch. ILHR 48
Rule relating to labeling of oxygenated fuels. (p. 17)
Industry, Labor & Human Relations:
Building & Heating, etc., Chs. ILHR 50-64
Multi-Family Dwelling, Ch. ILHR 66
Rules relating to multi-family dwellings (p. 17)
Industry, Labor & Human Relations:
Barrier-Free Design, Ch. ILHR 69
Rule relating to accessible unisex toilet rooms. (p. 17)
Insurance, Commissioner of:
Rules relating to the patients compensation fund. (p. 18)
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Rules relating to the 1995 migratory game bird season. (p. 18)
Public Defender:
Rules relating to indigency evaluation. (p. 18)
Rules relating to limiting private bar billable hours. (p. 18)
Rules relating to redetermination of indigency (p. 19)
Rules relating to repayment of cost of legal representation. (p. 19)
Public Instruction:
Rules relating to transfer pupils with exceptional educational needs. (p. 19)
Rules relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components. (p. 19)
Rules relating to interim alternative educational settings for children with exceptional educational needs (EEN) who bring firearms to school. (p. 20)
State Fair Park:
Rules relating to activities at the State Fair Park. (p. 20)
Transportation [Railroads] (Comm.):
Rules relating to intrastate railroad rate regulation. (p. 20)
Transportation (Dept.):
Rule adopted amending s. Trans 4.06 (4), relating to the urban mass transit operating assistance program. [FIRST APPEARANCE] (p. 20)
3) NOTICE OF SUBMISSION OF PROPOSED RULES TO THE PRESIDING OFFICER OF EACH HOUSE OF THE LEGISLATURE, UNDER S. 227.19, STATS.
Agriculture, Trade & Consumer Protection:
(CR 95-17) - SS. ATCP 29.01, 29.15 & 29.155
Development:
(CR 95-151) - SS. DOD 17.02 & 17.04
Development:
(CR 95-152) - SS. DOD 28.02 & 28.03
Development:
(CR 95-159) - Ch. DOD 12
Employe Trust Funds:
(CR 95-88) - SS. ETF 10.633, 10.70, 10.82, 20.20, 50.31 & 60.51
Employment Relations:
(CR 95-101) - SS. ER-MRS 22.02, 22.08 & 22.09
Industry, Labor & Human Relations:
(CR 95-148) -Ch. ILHR 145
Insurance:
(CR 95-111) - S. Ins 3.39
Natural Resources:
(CR 95-98) - S. NR 10.01 (1) (b) and (g)
Public Instruction:
(CR 95-84) - SS. PI 11.04 & 11.07
Revenue:
(CR 95-65) - SS. Tax 2.89, 2.96 & 3.03
Transportation (Dept.):
(CR 95-86) - SS. Trans 136.03, 138.04, 138.05, 138.09, 139.04, 141.07 & 142.07, Ch. Trans 154
University of Wisconsin System:
(CR 95-95) - Ch. UWS 17
4) ADMINISTRATIVE RULES FILED WITH THE REVISOR OF STATUTES BUREAU.
Corrections:
(CR 95-92) - Ch. DOC 316
Insurance:
(CR 95-43) - S. Ins 6.63 and Ch. Ins 28
Natural Resources:
(CR 94-71) - SS. NR 25.07 & 25.08
Natural Resources:
(CR 94-110) - S. NR 700.03, Ch. NR 738
Natural Resources:
(CR 95-28) - Ch. NR 45
Natural Resources:
(CR 95-35) - Ch. NR 440
Natural Resources:
(CR 95-56) - Chs. NR 30, 400 to 499
Psychology Examining Board:
(CR 95-68) - S. Psy 4.02 (5) and (6)
notice_head
N o t i c e S e c t i o n
Agriculture, Trade &
Consumer Protection
(Reprinted from 09-30-95
Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed amendments to ch. ATCP 70, Wis. Adm. Code, relating to food processors.
Written Comments
The hearings will be held at the times and places shown below. The public is invited to attend the hearings and comment on the proposed rules. Following the public hearing, the hearing record will remain open until October 27, 1995 for additional written comments.
A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911 or by calling (608)224-4700. Copies will also be available at the public hearings.
An interpreter for the hearing-impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by October 6, 1995 either by writing to Margaret Maly, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708-8911, (608/224-5023) or by contacting the message relay system (TTY) at 608/224-5058. Handicap access is available at the hearings.
Hearing Information
Testimony at all four hearings will be taken from 10:00 AM to 2:00 PM or until all parties have been heard.
Eau Claire Area:
October 11, 1995   Chippewa Valley Tech. College
Wednesday   620 W. Clairemont Ave.
  Eau Claire, WI 54701
  1st Floor Auditorium
Green Bay Area:
October 12, 1995   State Office Bldg.
Thursday   200 N. Jefferson St.
  Green Bay, WI 54301
  1st Floor Conf. Room
Milwaukee Area:
October 13, 1995   Northwest Health Center
Friday   7630 W. Mill Road
  Milwaukee, WI 55218
  Basement Conf. Room
Madison Area:
October 17, 1995   Prairie Oaks State Office Bldg.
Tuesday   DATCP
  2811 Agriculture Dr.
  Madison, WI 53704-6777
  Board Room
Analysis Prepared by the Dept. of Agriculture, Trade & Consumer Protection
Statutory authority: ss. 93.07 (1), 97.29 (5) and 97.34 (2) (a) and (c)
Statutes interpreted: ss. 97.02, 97.03, 97.10, 97.29 and 97.34
General Overview
The Department of Agriculture, Trade and Consumer Protection currently licenses and regulates food processing plants under s. 97.29, Stats. This rule amends the Department's current rules under ch. ATCP 70, Wis. Adm. Code, related to food processing plants. Among other things, this rule does the following:
• Authorizes the Department to grant a variance from a food processing plant construction standard if the variance is reasonable and necessary, and will not compromise the purpose served by the construction standard.
• Updates current water supply standards for food processing plants, including bottling establishments.
• Modifies current standards for handling distressed and salvaged food (e.g, food affected by a fire, flood or other casualty).
• Requires a food processor to report any lab tests showing that ready-to-eat food contains pathogenic organisms or toxins, unless the food is identified by production lot and the processor still owns and controls the entire affected lot.
• Gives fish processors greater flexibility to package and sell fish in reduced oxygen packages if the fish are processed to eliminate botulism risks.
• Requires fish processors to prepare and follow a HACCP (“hazard analysis and critical control point”) plan. Under a HACCP plan, a processor prevents food safety hazards by monitoring and controlling critical control points to ensure that critical limits are met.
• Updates current food safety standards related to:
  • Raw fish processing.
  • Smoked fish processing and labeling.
  • Caviar processing.
“Potentially Hazardous” Foods; Safe Temperatures
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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.