•All of the producer's standard plate counts (SPC) are less than 25,000, except one SPC may exceed 25,000 if it is not more than 100,000.

•All of the producer's somatic cell counts (SCC) are less than 500,000.

•DATCP has not issued any warning for drug residue violations or “key" farm inspection violations.

•No dairy farm inspection report shows more than 5 violations.

•DATCP has not suspended the producer's grade A dairy farm permit or milk producer license.

•The producer's latest water supply test complies with this rule.

Six-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 6 months. DATCP must place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months:

•The dairy farm fails to qualify for the 12-month inspection category.

•DATCP has not issued more than one warning for violations of bacteria or somatic cell test standards.

•DATCP has not issued any warning for drug residue violations or “key" farm inspection violations.

•No dairy farm inspection report shows more than 5 violations.

•DATCP has not suspended the producer's grade A dairy farm permit or milk producer license.

•The producer's latest water supply test complies with this rule.

Four-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 4 months. DATCP must place a dairy farm in this category if the dairy farm does not belong in the 12-month, 6-month or 3-month inspection category, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months.

Three-Month Inspection Category. DATCP must inspect a grade A dairy farm in this category at least once every 3 months. DATCP must place a dairy farm in this category if all the following apply, based on dairy farm inspection reports, milk quality tests and DATCP compliance actions during the preceding 12 months:

The dairy farm does not qualify for the 12-month or 6-month inspection category.

DATCP has done any of the following:

* Issued more than one warning for violations of bacteria or somatic cell test standards.

* Issued more than one warning for drug residue violations.

* Issued more than one warning for “key" farm inspection violations.

* Conducted more than one re-inspection of the dairy farm.

* Suspended the producer's dairy farm license or grade A permit.

This rule clarifies DATCP compliance procedures related to dairy farms. This rule does not make significant changes in current procedures, except that it extends the deadline for holding an informal hearing on a contested drug residue finding. Under current rules, DATCP must hold the informal hearing within 3 business days after the producer requests the hearing, unless the producer requests a later hearing date. Under this rule, DATCP must hold the informal hearing within 10 business days after the producer requests the hearing, unless the producer requests a later hearing date. This new deadline is consistent with the current deadline for holding informal hearings on other contested dairy farm violations.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss. 961.11 (1), 961.16 and 961.19, Stats., and interpreting s. 961.14 (5) (ag), Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create s. CSB 2.27, relating to the scheduling of certain drugs under ch. 961, Stats., the Uniform Controlled Substances Act.

Date:   February 6, 2002

Time:   9:15 a.m.

Location:   1400 East Washington Avenue

  179A

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 13, 2002, to be included in the record of rule-making proceedings.

Statutes authorizing promulgation: ss. 961.11 (1), 961.16 and 961.19, Stats.

Statute interpreted: s. 961.14 (5) (ag), Stats.

Gamma-butyrolactone (GBL) is currently classified under state law as a schedule I drug, s. 961.14 (5) (ag), Stats. This chemical is only classified by DEA as a list one chemical. GBL is legitimately used for industrial, scientific research, food industry uses and other uses. GBL is currently classified as a schedule I controlled substance under state law, but is classified by the Drug Enforcement Administration (DEA) as a list one chemical. Legitimate uses for gamma-butyrolactone exist for industrial, scientific research, food industry uses and other uses. The Controlled Substances Board has received information that currently the federal Environmental Protection Agency (EPA) has approved the use of GBL as an industrial solvent. The objective of the rule is to delete the schedule I listing of GBL which will obviate the need for obtaining a special use authorization under s. 961.335, Stats.

Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Currently, persons having otherwise legitimate possession of GBL for legitimate uses are at risk of prosecution under the Wisconsin Controlled Substances Act in Chapter 961, Wis. Stats. Distributors of GBL located outside of this state and end users located within this state do not currently have the benefit of a limited industrial use exemption for the possession and use of GBL. With the delisting of GBL, the illicit use of GBL would still be prohibited since it is a violation of federal law as GBL is classified as a list one chemical. However, the mere possession and legitimate use of GBL in the state will no longer be a violation of the Uniform Controlled Substance Act.

SECTION 1. CSB 2.27 is created to read:

CSB 2.27 Deletion of gamma-butyrolactone from schedule I. Section 961.14 (5) (ag), Stats., is amended to read:

Section 961.14 (5) (ag) Gamma-hydroxybutyric acid (commonly known as gamma hydroxybutyrate or “GHB") and gamma-butyrolactone.

1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.039 (2), 29.319 and 227.11 (2), Stats., interpreting ss. 23.09, 23.11, 29.011, 29.014 and 29.041, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 18, Wis. Adm. Code, relating to falconry. Currently there is no permit fee for resident and nonresidents engaging in the sport of falconry, except that nonresidents must obtain a valid small game or general hunting license when hunting with a raptor. Section 29.319, Stats., now provides statutory authority to the department to establish a permit fee by rule. The proposed rule establishes a fee of $75 for a 3-year permit for residents and an annual fee of $100 for nonresidents engaging in the sport of falconry, clarifies definitions and modifies restrictions on the types of raptors used for educational purposes.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Tuesday, December 11, 2001 at 6:30 p.m.

Lowell Center

610 Langdon Street, Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Sumner Matteson at (608) 266-1571 with specific information on your request at least 10 days before the date of the scheduled hearing.

Based on an estimated 110 resident falconers and an estimated 5 nonresident falconers annually, the annual revenue from the new permit system is expected to amount to $3,250, which will be deposited into the Fish and Wildlife account of the conservation fund. Since a permit system is currently in place for resident and nonresident falconers, there is no major workload increase anticipated that is associated with processing applications.

Written comments on the proposed rule may be submitted to Mr. Sumner Matteson, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 no later than December 21, 2001. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [ER-32-01] and fiscal estimate may be obtained from Mr. Matteson.

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.733 (2) (f) and 227.11 (2) (a), Stats., interpreting s. 29.733, Stats., the Department of Natural Resources will hold public hearings on revisions to subch. II of ch. NR 16, Wis. Adm. Code, relating to fish farms. The proposed rule will:

1. Modify the definition of “natural body of water" to reflect existing water law regulation of “private" ponds and to expand the types of private ponds that are exempt from regulation.

2. Add an exemption for department permitted wetland ponds to the definition of natural body of water consistent with the exemption of waterways considered private under chs. 30 and 31, Stats.

3. Clarify the criteria the department will use to assess permit renewals after the 10-year permit expires.

4. Make minor housekeeping changes including updating permit application deadlines, clarifying statutory enforcement provisions and how multiple waterways on a contiguous parcel of property are permitted, and adding a definition for “department hatching and rearing facilities".

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Fish farms

b. Description of reporting and bookkeeping procedures required: No new procedures

c. Description of professional skills required: No new skills

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on: