The Department of Agriculture, Trade and Consumer Protection announces that it will hold a public hearing on an emergency rule relating to a poultry flock certification program. This emergency rule authorizes more cost-effective disease monitoring options for small poultry producers who cannot feasibly comply with requirements under the national poultry improvement plan, which is designed for large commercial operations. This rule will allow small poultry producers to sell, move and exhibit poultry, and will increase poultry disease control and monitoring in this state.

DATCP will hold one hearing at the time and place shown below. DATCP invites the public to attend the hearing and comment on the emergency rule. Following the public hearing, the hearing record will remain open until Thursday, April 6, 2006, for additional written comments. Comments may be sent to the Division of Animal Health at the address below or by e-mail to:
hearingcommentsAH@datcp.state.wi.us.

You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4883 or emailing Melissa.mace@datcp.state.wi.us. Copies will also be available at the hearings. To view the proposed rule online, go to:

To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to Keeley.Moll@datcp.state.wi.us or by telephone at (608) 224-5039.

Hearing impaired persons may request an interpreter for the hearing. Please make reservations for a hearing interpreter by March 22, 2006, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearing.

Friday, March 31, 2006 12:30 p.m. to 1:30 p.m.

Department of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive, Board Room

Madison, WI 53708

Handicapped accessible

This emergency rule authorizes more cost-effective disease monitoring options for small poultry producers who cannot feasibly comply with requirements under the national poultry improvement plan, which is designed for large commercial operations. This rule will allow small poultry producers to sell, move and exhibit poultry, and will increase poultry disease control and monitoring in this state.

Statutory Authority: ss. 93.07 (1) and (10), 95.18, 95.19, 95.20, 95.22, 95.45, 95.51, 95.57, and 95.68, Stats.

Statute Interpreted: s. 93.07 (10), 95.18, 95.19, 95.20, 95.22, 95.45, 95.51, 95.57, and 95.68, Stats.

DATCP has broad general authority to adopt rules interpreting statutes under its jurisdiction (see s. 93.07(1), Stats.). DATCP is specifically authorized to adopt rules to protect the health of animals in this state, and to prevent, control and eradicate communicable diseases among animals. This emergency rule creates a new poultry flock certification program for small poultry producers, in order to provide more cost-effective disease control and monitoring.

The Wisconsin department of agriculture, trade and consumer protection (“DATCP") administers Wisconsin's animal health and disease control programs, including programs to prevent diseases in poultry. Under current DATCP rules, all poultry and farm-raised game birds imported or moved for purposes of breeding or hatching must comply with the national poultry improvement plan, or an equivalent program.

Under current DATCP rules, poultry and farm-raised game birds exhibited at fairs, swap meets and like events must be tested prior to the event, or must originate from a flock enrolled in the national poultry improvement plan. This national plan requires routine flock inspections, and yearly testing of all sexually mature birds. Plan enrollment fees vary by flock size and type, and range from $20 to $200. The flock owner must also pay all testing costs.

The national poultry improvement plan is designed for large commercial operations, and compliance costs for small poultry producers may be prohibitive. Small producers who cannot afford to enroll in the national plan are effectively prohibited from selling, moving or exhibiting their birds in many cases.

This rule provides new, more cost-effective disease monitoring options for small poultry producers. This will allow more small producers to sell, move and exhibit their birds. It will encourage more disease testing and monitoring by small producers, and will reduce illegal movement and exhibition of birds. These changes will improve the overall control and monitoring of poultry diseases in this state, and will help to protect human and animal health. DATCP is adopting this rule as an emergency rule so that the improvements can be implemented as soon as possible, and in time for the 2006 fair and exhibition season.

Key Rule Changes

Under this rule, a flock owner who is not enrolled in the national poultry improvement program may nevertheless sell or move poultry for breeding, hatching or exhibition if the flock is enrolled as a Wisconsin tested flock or Wisconsin associate flock.

A flock may be enrolled as a Wisconsin tested flock if the flock owner tests annually for Salmonella pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum. A flock may be enrolled as a Wisconsin associate flock if it consists entirely of birds obtained from a Wisconsin tested flock. There is no charge to enroll in either program. DATCP will issue certificates that flock owners can use to document enrollment.

This rule will have no fiscal impact on local government and an insignificant impact on DATCP. DATCP will incur added staff and administrative costs to administer the new poultry flock certification program, but expects to absorb the additional workload with existing staff and appropriations. There is no fee for flock owners to enroll in the program.

This rule affects poultry producers, many of which are “small businesses." This rule will have a positive impact on small poultry producers, and will have little or no effect on large producers. Current rules prohibit the sale or distribution of poultry or eggs, for breeding, hatching or exhibition, unless they originate from flocks enrolled in the national poultry improvement plan and meet disease-free classification standards under that plan. However, the national poultry improvement plan is primarily designed for large poultry producers, and may not be cost-effective for small producers. This rule provides cost-effective disease monitoring options that will provide greater market access for small producers.

Under 2003 Wis. Act 145, DATCP and other agencies must adopt rules spelling out their rule enforcement policy for small businesses. DATCP has not incorporated a small business enforcement policy in this rule, but has proposed a separate rule on that subject. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.

Federal and Surrounding State Programs

Federal Programs

DATCP administers animal disease control programs in cooperation with the United States department of agriculture, animal and plant health inspection service (“the federal bureau"). DATCP and the federal bureau cooperate in the administration of the national poultry improvement plan, which is governed by 9 CFR 145 and 147. The plan is primarily designed for large poultry producers, and may be cost-prohibitive for small producers.

Plan participation is voluntary, but poultry producers must enroll their flocks in order to move birds in interstate commerce. Current Wisconsin rules further limit movement and exhibition of poultry within this state, except from enrolled flocks. This rule provides more cost-effective alternatives for small poultry producers, giving them more market access.

Surrounding State Programs

Poultry programs in surrounding states are broadly comparable to those in Wisconsin.

All surrounding states (Iowa, Michigan, Minnesota, and Illinois) require testing of poultry for Salmonella pullorum, fowl typhoid and, in the case of turkeys, Mycoplasma gallisepticum. For in-state movement, for purposes other than exhibition, poultry other than turkeys must originate from flocks that have a pullorum-typhoid clean rating under the national poultry improvement plan. Turkeys must be tested for Mycoplasma gallisepticum according to the national poultry improvement plan.

Poultry testing requirements for exhibition vary slightly between states. Generally speaking, exhibited poultry must originate from flocks that comply with the national poultry improvement plan, or they must test negative for pullorum-typhoid (and, in the case of turkeys, for Mycoplasma gallisepticum) within 90 days of the exhibition.

Questions and comments related to this rule may be directed to:

Melissa Mace

Department of Agriculture, trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone (608) 224-4883

E-Mail: hearingcommentsAH@datcp.state.wi.us

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in ss. 15.08 (5) (b), 227.11 (2), 447.02 (1) (d) and (2) (d) and (e), Stats., and interpreting s. 447.01 (3) (g), Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber s. DE 7.02; and to create s. DE 7.02 (2), relating to the definition of “local anesthesia" administered by dental hygienists.

Date:   May 3, 2006

Time:   9:00 a.m.

Location:   1400 East Washington Avenue

  Room 121C

  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 May 15, 2006, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.

Statutes interpreted: Section 447.01 (3) (g), Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2), 447.02 (1) (d) and (2) (d) and (e), Stats.

Explanation of agency authority: Section 447.02 (2) (d), Stats., authorizes the Dentistry Examining Board to promulgate rules relating to agents that may be administered by a dental hygienist.

Related statute or rule: There are no statutes or rules related other than those listed above.

Plain language analysis: This proposed rule-making order will exempt subginival, local anesthetics administered by applicator from the educational requirements of Chapter DE 7, which currently apply to dental hygienists who administer local anesthesia by injection. With the exception, the 10 hours of didactic and 11 hours of clinical education would not be required if the dental hygienist limits administration of local anesthetics to applicators.

A new type of subginival, local anesthesia applied by applicator, not by injection, is available is being marketed in Wisconsin. The current rule concerning certification of dental hygienists to administer local anesthesia does not explicitly contemplate local anesthetics administered in this manner, so a definition of “local anesthesia" is being created to clarify educational requirements for dental hygienists who apply local, subginival anesthesia by applicator.

SECTION 1 renumbers DE 7.02.

SECTION 2 creates a definition for “local anesthesia" to except drugs administered topically or by applicator from dental hygienists' educational requirements for the administration of local anesthesia.

Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation for summary and comparison.

Comparison with rules in adjacent states:

Illinois: No board decision. To consider week of 4/11/05.

Iowa: No board decision.

Michigan: No board decision.

Minnesota: Treated the same as any other subginival medicament.

Summary of factual data and analytical methodologies:

The Dentistry Examining Board discussed how chapter DE 7 applies to Oraqix, a new medicament that is administered via a surface applicator rather than by injection. In considering the rule as currently written, the board decided the rule is not clear as applied to the new medicaments because it was written to require training for administering injection of local anesthetics. The board also decided that because of the recent introduction of the product type, the rule did not contemplate training requirements necessary to administer it. The board decided by consensus that a course requirement for local anesthetics delivered via surface applicators should not be subject to the course requirement for injections.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:

This proposed rule will impact all dental hygienists licensed in Wisconsin. There are no small businesses affected by this rule that meet the statutory definition contained in s. 227.114 (1), Stats. The certification of no impact on small business is based on the fact that a substantial number of the 4,886 total active licensed hygienists work as employees of a dentist as defined by the practice limitation in s. 447.06, Stats. The proposed rule does not include any additional reporting or bookkeeping requirements. The proposed rule requires dental hygienists to obtain additional professional skills related to coursework for providing local anesthetics delivered via surface applicators.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.

Anticipated costs incurred by private sector: