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Wisconsin
Administrative
Register
No. 479
Publication Date: November 30, 1995
Effective Date: December 1, 1995
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TOC_nov
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 revision to ch. ATCP 42, relating to commercial feed. (p. 5)
Hearing to consider ch. ATCP 123, relating to telecommunications and cable television services. (p. 8)
Industry, Labor & Human Relations:
Building & Heating, etc., Chs. ILHR 50-64
Multifamily Dwellings, Ch. ILHR 66
Hearing to consider revision to chs. ILHR 51, 57 & 66, relating to multifamily dwellings. (p. 10)
Insurance:
Hearing to consider ss. Ins 3.45 and 3.46, relating to requirements for long-term care insurance sold in Wisconsin. (p. 10)
Natural Resources:
Fish, Game, etc, Chs. NR 1--
Hearings to consider revision to ch. NR 10, relating to migratory game bird hunting. (p. 11)
Hearings to consider the creation of ch. NR 48, relating to administration of county forest withdrawals. (p. 11)
Natural Resources:
Environmental Protection-General, Chs. NR 100-
Hearings to consider revision to chs. NR 161, 162, 163 and 165, relating to the Clean Water Fund loan program. (p. 12)
Natural Resources:
Environmental Protection-Air Pollution Control, Chs. NR 400--
Hearing to consider revision to chs. NR 400 to 499, relating to the delisting of acetone as a volatile organic compound and other corrections. (p. 12)
Public Instruction:
Hearing to consider ch. PI 35, relating to the Milwaukee private school choice program. (p. 13)
Transportation (Dept.):
Proposed revision to ch. Trans 310, relating to child restraint standards. (p. 14)
Hearing to consider revision of ch. Trans 104, relating to examination procedures for operator's license. (p. 14)
Proposed amendment to s. Trans 4.06 (4), relating to Urban Mass Transit Operating Assistance Program. (p. 15)
2) EMERGENCY RULES NOW IN EFFECT.
Employment Relations-Merit Recruitment & Selection:
Rules relating to layoff procedures for employes not covered by collective bargaining agreement. (p. 17)
Gaming Commission:
Rules relating to betting pools, animal drug testing, intertrack and simulcast wagering. (p. 17)
Health & Social Services:
Community Services, Chs. HSS 30--
Rules relating to treatment foster care for children. (p. 18)
Rules relating to licensed adult family homes. (p. 18)
Health & Social Services:
Health, Chs. HSS 110--
Rules relating to qualifications of ambulance service medical directors. (p. 19)
Rules relating to estate recovery under aid programs. (p. 19)
Health & Social Services:
Youth Services, Chs. HSS 300--
Rules relating to aftercare conduct and revocation. (p. 19)
Industry, Labor & Human Relations:
Petroleum Products, Ch. ILHR 48
Rule relating to labeling of oxygenated fuels. (p. 20)
Industry, Labor & Human Relations:
Building & Heating, etc., Chs. ILHR 50-64
Multi-Family Dwelling, Ch. ILHR 66
Rules relating to multi-family dwellings. (p. 20)
Industry, Labor & Human Relations:
Barrier-Free Design, Ch. ILHR 69
Rule relating to accessible unisex toilet rooms. (p. 20)
Insurance, Commissioner of:
Rules relating to the patients compensation fund. (p. 21)
Rules relating to fees for listing agents and to the renewal of corporation licenses. (p. 21)
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Rules relating to the 1995 migratory game bird season. (p. 21)
Public Defender:
Rules relating to redetermination of indigency. (p. 21)
Rules relating to repayment of cost of legal representation.
(p. 21)
Public Instruction:
Rules relating to transfer pupils with exceptional educational needs (EEN). (p. 22)
Rules relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components. (p. 22)
Rules relating to interim alternative educational settings for children with exceptional educational needs (EEN) who bring firearms to school. (p. 22)
Regulation & Licensing:
Rules adopted amending s. RL 2.02 and creating ch. RL 9, relating to license renewal when delinquent taxes exist. [FIRST APPEARANCE] (p. 22)
State Fair Park:
Rules relating to activities at the State Fair Park. (p. 23)
Transportation [Railroads] (Comm.):
Rules relating to intrastate railroad rate regulation. (p. 23)
Transportation (Dept.):
Rule relating to the urban mass transit operating assistance program. (p. 24)
3) NOTICE OF SUBMISSION OF PROPOSED RULES TO THE PRESIDING OFFICER OF EACH HOUSE OF THE LEGISLATURE, UNDER S. 227.19, STATS.
Development:
(CR 95-164) - Ch. DOD 13
Industry, Labor & Human Relations:
(CR 95-172) - Ch. ILHR 272
Insurance:
(CR 94-024) - Chs. Ins 3, 4, 5, 17 & 18
Insurance:
(CR 95-175) - SS. Ins 6.57 (4), 6.58 (5) (a), 6.59 (4) (a)
Medical Examining Board:
(CR 95-078) - SS. Med 19.02, 19.03 & 19.08
Natural Resources:
(CR 93-203) - Ch. NR 203
Natural Resources:
(CR 95-076) - NR 700 series.
Natural Resources:
(CR 95-077) - S. NR 1.40 (2)
Natural Resources:
(CR 95-091) - S. NR 728.11
Natural Resources:
(CR 95-108) - Ch. NR 120
Natural Resources:
(CR 95-132) - SS. NR 1.21, 1.212 and 1.213
Pharmacy Examining Board:
(CR 95-135) - SS. Phar 6.02 (1m), 8.05 (4) & 13.02 (11) (f)
Transportation (Dept.):
(CR 91-98) - Chs. Trans 149 & 305, Ch. MVD 5
Veterans Affairs:
(CR 95-160) - SS. VA 2.01 & 2.03
4) ADMINISTRATIVE RULES FILED WITH THE REVISOR OF STATUTES BUREAU.
Agriculture, Trade & Consumer Protection:
(CR 95-57) - Ch. ATCP 92
State Emergency Response Board:
(CR 95-51) - Ch. ERB 4
Employment Relations-Division of Merit Recruitment & Selection:
(CR 95-101) - Ch. ER-MRS 22
Environmental Education Board:
(CR 95-5) - Ch. EEB 2
Health & Social Services:
(CR 94-200) - Ch. HSS 50
Insurance:
(CR 95-129) - Chs. Ins 41, 50, 52
Public Instruction:
(CR 95-84) - Ch. PI 11
Savings Banks:
(CR 94-169) - S. SB 16.03
5) Final Regulatory Flexibility Analyses.
Health & Social Services:
(CR 95-067) - SS. HSS 201.055 & 201.28 (4m)
Industry, Labor & Human Relations:
(CR 94-172) - Chs. ILHR 20-25
Commissioner of Insurance:
(CR 94-043) - S. Ins 6.63 (1) & ch. Ins 28
Medical Examining Board:
(CR 95-050) - S. Med 13.03
Natural Resources:
(CR 95-028) - Ch. NR 45
Natural Resources:
(CR 95-029) - S. NR 10.01 (2) (g)
Natural Resources:
(CR 95-033) - SS. NR 20.02, 20.03 & 20.04
Natural Resources:
(CR 95-034) - Chs. NR 20 & 26
Natural Resources:
(CR 95-075) - S. NR 20.03
Natural Resources:
(CR 95-099) - Ch. NR 46
Transportation (Dept.):
(CR 95-109) - SS. Trans 115.02 (1) & 115.11 (4)
6) EXECUTIVE ORDERS.
Executive Order 263:
Relating to a Proclamation that the Flags of the United States and the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Memory of Yitzhak Rabin, the Late Prime Minister of the State of Israel.
7) Public notice.
Natural Resources:
Notice of intent to implement and enforce federal pretreatment standards and requirements related to Pesticide Chemicals, Plastics, and Synthetic Fibers.
notice_head
N o t i c e S e c t i o n
Agriculture, Trade &
Consumer Protection
(Reprinted from 11-15-95
Wis. Adm. Register)
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on the proposed repeal and recreation of ch. ATCP 42, Wis. Adm. Code, related to commercial feed.
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 rule. Following the public hearings, the record will remain open until December 15, 1995 for additional written comments.
Copies of Rule
A copy of the rule to be considered may be obtained, free of charge, from the State of Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division by contacting Eric Nelson, P.O. Box 8911, Madison, WI 53708-8911, or by calling (608)224-4539 or FAX at (608)224-4656.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by November 17, 1995 either by writing Eric Nelson, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608/224-4539) or by contacting the message relay system (TTY) at 608/224-5058. Handicap access is available at the hearings.
Hearing Information
November 28, 1995   Quality Inn
Tuesday   809 W. Clairemont Ave.
1:30 - 4:30 p.m.   Eau Claire, WI
evening session
6:00 - 8:00 p.m.
November 29, 1995   Ramada Inn
Wednesday   201 N. 17th Ave.
1:30 - 4:30 p.m.   Wausau, WI
evening session
6:00 - 8:00 p.m.
November 30, 1995   Holiday Inn
Thursday   625 W. Rolling Meadows Dr.
1:30 - 4:30 p.m.   Fond du Lac, WI
evening session
6:00 - 8:00 p.m.
December 5, 1995   Nate's Supper Club
Tuesday   and White House Inn
1:30 - 4:30 p.m.   1450 Veterans Dr.
evening session   Richland Center, WI
6:00 - 8:00 p.m.
December 6, 1995   Department of Agriculture, Trade
Wednesday   and Consumer Protection
1:30 - 4:30 p.m.   Board Room
evening session   2811 Agriculture Dr.
6:00 - 8:00 p.m.   Madison, WI
Analysis Prepared by the Department of Agriculture, Trade, and Consumer Protection
Statutory authority: ss. 93.07 (1) and 94.72 (13) (a)
Statute interpreted: s. 94.72
The department of agriculture, trade and consumer protection regulates the manufacture and distribution of commercial feed under s. 94.72, Stats. Commercial feed includes feed for domestic livestock and pets. Feed regulation is aimed at protecting animal and human health, and preventing sales of adulterated and misbranded feed products. The department regulates commercial feed in cooperation with the federal food and drug administration (FDA) and other states.
This rule repeals and recreates current rules under ch. ATCP 42, Wis. Adm. Code, related to commercial feed. The rule is based, to a large extent, on standards adopted by the American association of American feed control officials (AAFCO). Among other things, the rule establishes standards for all of the following:
○   Licensing manufacturers and distributors of commercial feed.
○   Commercial feed labels, including labels for custom-mixed feed and dog and cat food.
○   Truth in labeling.
○   Nutritional claims.
○   Drugs and other feed additives.
○   Good manufacturing practices for medicated feed and dog and cat food.
Under s. 94.72, Stats., and this rule, a commercial feed means any animal feed that is sold or bartered, or offered for sale or barter, but does not include any of the following:
○   Grain, whether whole or ground, which is not mixed with other grains or other materials.
○   Hay, straw, cottonseed hulls, stover or silage which is not mixed with other materials.
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