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The following administrative rule orders have been adopted and published in the December 31, 2005, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(CR 05-044)
An order affecting chs. ATCP 60, 69, 70, 71, 75, 77, 80, 82 and 85, relating to food and dairy license and reinspection fees. Effective 1-1-06.
Summary of Final Regulatory Flexibility Analysis
The Department of Agriculture, Trade and Consumer Protection ("DATCP" or "department") licenses and inspects a variety of food processing and handling establishments and individuals in Wisconsin. This rule changes current license fees paid by dairy and food businesses licensed by the Department of Agriculture, Trade and Consumer Protection (DATCP). This rule:
Increases annual license fees, beginning in 2006.
This rule increases existing license fees for milk producers, dairy plants, food processing plants, food warehouses, milk distributors, retail food stores, dairy, food or water testing laboratories, milk haulers, buttermakers, cheesemakers and butter or cheese graders.
Wisconsin's food safety programs are funded by a combination of general tax dollars (GPR) and program revenue from industry license fees (PR). In 1991, license fees funded about 40% of program costs. The 1995-97 biennial budget act reduced GPR funding, and increased the percentage of PR funding to 50%. A modest increase in operating costs, recent, significant reductions in GPR, and a significant increase in PR cost caused by the transfer of the grade A milk certification program to DATCP have caused the PR funding proportion to increase to 60%. Because of these shifts in funding and the lapse of a significant amount of PR during the previous two biennia, the department projects a deficit in its food safety budget in FY 2005-06. Fees have not been increased since 1998.
Small Businesses Affected by This Rule
This rule affects all milk producers, dairy plants, food processing plants, food warehouses, milk distributors, retail food stores, dairy, food or water testing laboratories, milk haulers, buttermakers, cheesemakers and butter or cheese graders licensed by the department, including many businesses that would be considered a "small business" as defined in s. 227.114(1)(a), Stats, or under the definition of "small business" as defined in s. 227 114(1), Stats. as amended by 2003 Act 145.
Effects on Small Business
Increasing license fees as proposed in this rule will affect small businesses. License fees for all categories of milk producers, dairy plants, food processing plants, food warehouses, milk distributors, retail food stores, dairy, food or water testing laboratories, milk haulers, buttermakers, cheesemakers and butter or cheese graders will increase. Small businesses exist in each category of food and dairy establishment, handler or individual.
Steps to Assist Small Business
The department has attempted to accommodate small businesses and provide a reasonably fair and equitable license fee schedule. This is done by basing fees on the actual costs associated with each category of licensed establishment and then determining further subcategories of establishments based on the size or volume of each establishment and the food products processed or handled by the establishment. Smaller establishments processing and handling food with less potential food safety risks pay lower license fees than large establishments handling foods with higher food safety risks.
Conclusion
This rule increases food safety license fees, but does not substantially alter the existing license fee requirements for food establishments. This rule requires no additional recordkeeping or other procedures for small businesses. Small businesses will need no additional professional skills or assistance in order to comply with this rule.
Summary of Comments by Legislative Review Committees
On August 29, 2005, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform and to the Assembly Committee on Agriculture. The Assembly Committee on Agriculture held a hearing on October 13, 2005 and sent the rule back to DATCP requesting modifications to the rule. The department considered this request and made the following modifications to the rule:
Provisions that would have allowed annual adjustment of license fees have been deleted.
Provisions that in increase the Grade A milk procurement fee rate have been modified to phase in the originally proposed increased over an 18 month period. As modified, this procurement fee rate will increase from $0.0006/cwt to $0.0086/cwt of grade A milk on January 1, 2006 and from $0.0086/cwt to $0.0096/cwt on July 1, 2007.
Provisions relating to increases in license fees paid by retail food establishments have been modified to decrease the amount of the fee increase for each retail category. The amount of the decrease matches amounts contained in Table 4 of a memo prepared for Representative Ott by the Legislative Fiscal Bureau on October 21, 2005.
The requested modifications were approved by the DATCP Board and returned the Assembly Committee on Agriculture on November 9, 2005. After receiving the rule with the requested modifications, neither the Assembly nor the Senate Committee took further action.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyor Examining Board
(CR 04-118)
An order affecting ch. A-E 6, relating to the names of examinations for land surveyors. Effective 1-1-06.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s. 227.114 (1) (a), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses. The department's Small Business Regulatory Review Coordinator may be contacted by email at christopher.klein@drl.state.wi.us or by calling (608) 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyor Examining Board
(CR 04-119)
An order affecting ch. A-E 4, relating to the barrier free design parts of the board's examinations for professional engineers. Effective 1-1-06.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s. 227.114 (1) (a), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses. The department's Small Business Regulatory Review Coordinator may be contacted by email at christopher.klein@drl.state.wi.us or by calling (608) 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
Health and Family Services
(CR 05-080)
An order affecting ch. HFS 149, relating to Selection and Monitoring of Vendors for the Special Supplemental Food Program for Women, Infants and Children (WIC). Effective 1-1-06.
Summary of Final Regulatory Flexibility Analysis
The department determined during the initial regulatory flexibility analysis that the proposed rules will affect a substantial number of small grocers and pharmacies, however, the proposed rules will not have a significant economic impact on these small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Insurance
(CR 05-023)
An order affecting ch. Ins 3, relating to mortgage guaranty insurance. Effective 1-1-06.
Summary of Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were received.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
(CR 05-041)
An order affecting ch. MPSW 3, relating to expiration of a temporary credential issued by the Social Worker Section. Effective 1-1-06.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s. 227.114 (1), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses. The department's Small Business Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us or by calling (608) 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
(CR 05-042)
An order affecting chs. MPSW 2 and 3, relating to postgraduate education and field experience for licensure as a clinical social worker. Effective 1-1-06.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s. 227.114 (1), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses. The department's Small Business Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us or by calling (608) 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
(CR 05-043)
An order affecting ch. MPSW 20, relating to recordkeeping by marriage and family therapists, professional counselors and social workers. Effective 1-1-06.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s. 227.114 (1), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses. The department's Small Business Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us or by calling (608) 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
(CR 05-037)
An order affecting chs. NR 329 and 345, relating to miscellaneous structures and dredging in navigable waterways. Effective 1-1-06.
Summary of Final Regulatory Flexibility Analysis
Any person or small business conducting an activity in navigable waters can qualify for an exemption of apply for a general permit or individual permit. To obtain a permit, small businesses follow the same requirements as other waterfront property owners: complete an application form and submit information to describe their project and demonstrate that it complies with statutory and code requirements to receive a certification.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Natural Resources and Transportation and the Assembly Committee on Natural Resources. On September 28, 2005, the Assembly Committee on Natural Resources held a public hearing. No comments or modification requests were received as a result of this hearing.
Natural Resources
(CR 05-055)
An order affecting chs. NR 400, 424, 438 and 445, relating to excluding additional organic compounds for the volatile organic compound (VOC) definition and to VOC emission limits for yeast manufacturing. Effective 1-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not have a significant economic impact on a substantial number of small businesses because it does not impose any new mandates on affected businesses, but, to the contrary, removes the compounds either entirely or in part from regulation as a VOC. Only the recordkeeping and reporting requirement for one compound, t-butyl acetate, could be considered as an additional requirement compared to the current requirement. The only yeast manufacturer in Wisconsin affected by the proposed changes to s. NR 424.05 is not considered to be a small business.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Natural Resources and Transportation and the Assembly Committee on Natural Resources. On September 28, 2005, the Assembly Committee on Natural Resources held a public hearing. No comments or modification requests were received as a result of this hearing.
Natural Resources
(CR 05-057)
An order affecting ch. NR 10, relating to the migratory game bird seasons. Effective 1-1-06.
Summary of Final Regulatory Flexibility Analysis
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule. Therefore, under s. 227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Natural Resources and Transportation and the Assembly Committee on Natural Resources. On September 28, 2005, the Assembly Committee on Natural Resources held a public hearing. No comments or modification requests were received as a result of this hearing.
Pharmacy Examining Board
(CR 05-029)
An order affecting ch. Phar 7, relating to the return or exchange of health items. Effective 1-1-06.
Summary of Final Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats. The department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us or by calling (608) 266-8608.
Summary of Comments by Legislative Review Committees
No comments were received.
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