Agency Contact Person
Donna Sorenson
Department of Administration
101 E. Wilson Street
P.O. Box 7864
Madison, WI 53707-7864
Phone: 608-266-2887
Notice of Hearing
Agriculture, Trade and Consumer Protection
(Reprinted from May 31, 2010 Register)
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold a public hearing on rules revising Chapter ATCP 60, relating to goat milk somatic cell standards. DATCP adopted a temporary emergency rule effective February 5, 2010 and is also proposing a permanent rule. The hearing will cover the emergency rule as well as the proposed permanent rule.
Hearing Information
Date:   June 15, 2010
Time:   10:00 a.m. – 12:00 p.m.
Location:   WI Dept. of Agriculture, Trade & Consumer
  Protection
  2811 Agriculture Drive
  Conference Room 172, 1st Floor
  Madison, WI 53718
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by May 7, 2010, by writing to Deb Mazanec, Division of Food Safety, P.O. Box 8911, Madison, WI 53708-8911; e-mailing to debbie.mazanec@wi.gov or by phone at (608) 224-4712. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Submittal of Written Comments
DATCP will hold the public hearing at the time and location shown above. DATCP invites the public to attend the hearing and comment on the rules. Following the hearing, the hearing record will remain open until Friday, June 25, 2010 for additional written comments. Comments may be sent to the Division of Food Safety at the address below, by email to debbie.mazanec@wi.gov or online at http://AdminRules. Wisconsin.gov/.
Copies of Emergency Rules and Proposed Permanent Rules
You may obtain free copies of the temporary emergency rule and proposed permanent rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food Safety, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You may also obtain copies by calling (608) 224-4712 or e-mailing debbie.mazanec@wi.gov. Copies will also be available at the hearing. To view the proposed rule online, go to: http:// adminrules.wisconsin.govKeeley.Moll@datcp.state.wi.us.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule relaxes Wisconsin's current standard for somatic cells in goat milk to conform to a new, less stringent, national standard. The Department of Agriculture, Trade and Consumer Protection (DATCP) adopted a temporary emergency rule on February 5, 2010, and gave notice that it would adopt a permanent rule on the same subject. The permanent rule is identical to the temporary emergency rule adopted by DATCP.
Statutes interpreted
Sections 97.22 and 97.24, Stats.
Statutory authority
Sections 93.07 (1), 97.22 (8), 97.24 (3) and 227.24, Stats.
Explanation of statutory authority
DATCP has broad general authority, under s. 93.07 (1), Stats., to interpret laws under its jurisdiction. DATCP also has authority, under ss. 97.22 (8) and 97.24 (3), Stats., to adopt regulations governing the operation of dairy farms and the production of milk and fluid milk products.
This rule will maintain the competitiveness of Wisconsin goat milk producers, relative to producers in other states, by conforming Wisconsin goat milk standards to new (less stringent) national standards.
Related statutes and rules
Dairy plant operators are required to test goat milk received from producers, to ensure that goat milk meets somatic cell and other standards. Milk must be tested in certified laboratories, and test results must be reported to DATCP. Serious or continued violations of milk quality standards may result in state enforcement action, including the suspension of a milk producer's grade A dairy farm permit. In some serious cases, dairy plant operators must take immediate action to reject milk shipments from the affected dairy farms until violations are eliminated. However, not all violations require such an “immediate response." See, generally, chs. ATCP 60 and 80, Wis. Adm. Code.
Wisconsin rules for grade A milk and fluid milk products (including goat milk and fluid goat milk products) must be in reasonable accord with the interstate pasteurized milk ordinance (PMO). See s. 97.24, Stats. The PMO is adopted by the National Conference on Interstate Milk Shipments (NCIMS) with the approval of the United States Food and Drug Administration (FDA), and is administered by FDA. Wisconsin rules must be at least as stringent as the PMO in order for Wisconsin to ship milk and fluid milk products in interstate commerce.
Plain language analysis
Recently, NCIMS and FDA relaxed the PMO standard for somatic cells in Grade A goat milk, from 1,000,000 somatic cells per ml to 1,500,000 per ml. The United States Department of Agriculture is making an equivalent change in its somatic cell standard for Grade B goat milk (Grade B milk may not be sold as fluid milk, but may be used to manufacture non-fluid dairy products such as cheese).
This permanent rule relaxes Wisconsin's standard for somatic cells in Grade A and Grade B goat milk, from 1,000,000 somatic cells per ml to 1,500,000 per ml, to conform to the new national standard. This rule also eliminates the current “immediate response" requirement, under which a dairy plant operator must immediately reject goat milk shipments from producer whenever a somatic cell count on any shipment from that producer exceeds 1,500,000 per ml.
Comparison with federal regulations
There is no federal law that compels this rule change. However this rule is consistent with recent changes in national standards (see above).
Comparison with rules in adjacent states
All surrounding states with dairy goat herds are likely to adopt the standard contained in this rule.
Summary of factual data and analytical methodologies
Somatic cell test methods for goat milk are currently prescribed by s. ATCP 60.22 (3), Wis. Adm. Code. This rule does not change current test methods.
Small Business Impact
This rule will benefit the Wisconsin dairy goat industry, by relaxing the current somatic cell standard for dairy goat milk to conform to the newly relaxed national standard. This rule will maintain parity with other states, and will relieve goat milk producers and dairy plant operators of certain problems associated with the current somatic cell standard.
To provide comments or concerns relating to small business, you may contact DATCP's small business regulatory coordinator Keeley Moll at the address below, or by emailing to Keeley.Moll@wi.gov or by telephone at (608) 224-5039.
Fiscal Estimate
This rule will have no fiscal impact on the state of Wisconsin or on local units of government.
Agency Contact Person
Questions and comments related to this rule may be directed to:
Tom Leitzke
Dept. of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Phone: (608) 224-4711
Notice of Hearing
Commerce
Licenses, Certifications and Registrations, Ch. Comm 5
Elevators, Escalators and Lift Devices, Ch. Comm 18
Plumbing, Chs. Comm 81 to 87
NOTICE IS HEREBY GIVEN That pursuant to ss. 101.02 and 145.02, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters Comm 5, 18, and 81 to 84, relating to the design, installation or construction, inspection and maintenance of plumbing.
Hearing Information
Date:   Thursday, July 1, 2010
Time:   10:00 a.m.
Location:   Thompson Commerce Building
  Third Floor Conference Room #3B
  201 W. Washington Avenue
  Madison, WI
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Appearances at the Hearing and Submittal of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until July 15, 2010, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Lynita Docken, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at lynita.docken@wisconsin.gov.
Copies of Proposed Rules
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Lynita Docken, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email: lynita.docken@wisconsin.gov, or telephone: (608) 785-9349 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Sections 101.02 and 145.02, Stats.
Statutory authority
Sections 101.02 and 145.02, Stats.
Related statute or rule
Section 145.13, Stats
Chapter Comm 18, Conveyance Systems
Chapters 20 to 25, Uniform Dwelling Code
Chapters Comm 60 to 66, Commercial Building Code
Chapters 81 to 87, Uniform Plumbing Code
Explanation of agency authority
Sections 101.02 and 145.02, Stats., grant the Department of Commerce general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the design, installation or construction, inspection and maintenance of plumbing. In accordance with s. 145.13, Stats., the department is also responsible for safeguarding the waters of the state.
Summary of proposed rules
The primary revisions to chapters Comm 81 to 84 clarify the existing rules by modifying technical requirements within the standards, reorganizing current requirements and incorporating editorial changes. The following is a summary of the major proposed rule changes to these chapters:
a.   Include definitions for various types of wastewater and requirements for wastewater treatment and containment devices. [Comm 81.01 (154) and (160m) and Comm 82.34 (1) and (15) ]
b.   Lower the thresholds for the required submission and review of plumbing systems from 16 to 11 plumbing fixtures. [Comm 82.30 Table 82.20-1 and Table 82.20-2]
c.   Modify the identification requirements of water supply systems that pose different degrees of hazard within a building. [Comm 82.40 (3) (d) and Table 82.40-1]
In addition, the proposed rules require 6 hours of continuing education for the renewal of the cross connection control tester license. [Comm 5.99 (4) (c)]
The proposed rules also modify the requirements for sump pumps in elevator pits, and allow the use of standard-sized equipment to meet a more realistic pumping requirement. [Comm 18.1702 (1)]
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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.