DATCP Docket No. 17-R-06 Final Rule Draft
Rules Clearinghouse No. 19-076 December 16, 2019
OF THE WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
The Wisconsin department of agriculture, trade and consumer protection hereby proposes the following rule to re-number ATCP 77.02 (3) (q), 77.24 (5) (c) 4. and 5.; to amend ATCP 77.01 (4m), (7), (11), 77.02 (1) (3), 77.04 (1) (b), and 77.04 (1) (e) 3. (Note), 77.06 (1) (a) to (d), and (2) (a) and (b), 77.08 (5), 77.10 (2) (b), 77.14 (1) (b) and (c), 77.20 (2) (c) (intro.) and 3., 77.22 (3) (c), 77.23 (3) (a), (b) (intro.), and (c) to (f), 77.24 (5) (a) (1) and 5. (c) (intro.), 77.34 (5) (a) 1. to 3. and (b); to repeal and recreate ATCP 77.22 (2) and (7); to create ATCP 77.24 (5) (c) 4m. and 5m.; relating to milk, food and water testing laboratories.
Analysis Prepared by the Department
of Agriculture, Trade and Consumer Protection
Under Wis. Admin. Code ch. ATCP 77 (Laboratory Certification), the Wisconsin Department of Agriculture, Trade and Consumer Protection (Department) oversees the certification of 81 certified milk or food laboratories and the approval of 96 drug residue screening laboratories under a cooperative agreement with the Federal Food and Drug Administration (FDA) through direction from the National Conference on Interstate Milk Shipments (NCIMS). Also, under this rule the Department accredits 127 safe drinking water testing laboratories under a primacy agreement with the U.S. Environmental Protection Agency (EPA) through the Wisconsin Department of Natural Resources (WDNR).
Statute Interpreted: Wis. Stat. §§ 93.07 and 93.12.
Statutory Authority: Wis. Stat. §§ 93.07 (1) and 93.12 (5) and (7).
Explanation of Statutory Authority
The Department has specific authority under Wis. Stat. § 93.12 (5) to make and enforce regulations to establish uniform minimum standards to be used in the evaluation and certification of laboratory examinations. The Department also has authority under Wis. Stat. § 93.12 (7) to establish a fee schedule to offset the cost of certifying the laboratories and the collection of those fees. Additionally, the Department has general authority, under Wis. Stat. § 93.07 (1), to adopt rules to implement programs under its jurisdiction.
Related Statutes and Rules
Wis. Admin. Code ch. ATCP 65 (Milk and Milk Products)
Wis. Admin. Code ch. ATCP 76 (Safety, Maintenance, and Operation of Public Pools and Water Attractions)
Wis. Admin. Code ch. NR 809 (Safe Drinking Water)
Wis. Admin. Code ch. NR 812 (Well Construction and Pump Installation).
Plain Language Analysis
In revising Wis. Admin. Code ch. ATCP 77 (Laboratory Certification), the Department is revising the laboratory certification fee structure, updating requirements to reflect modern laboratory practices, and providing flexibility for laboratory operations.
Revised Fee Structure
The fees for laboratory certification were last updated in 2008. The proposed fee increases are 20% and consistent with changes in the consumer price index since 2008. An exception is the prorated monthly fee for the addition of a milk or water test to a laboratory’s license mid-year. Those fees were not increased properly in 2008. Monthly fees now correctly reflect 1/12th of the annual fee.
Annual fee for a laboratory, for each milk or food test the laboratory is certified for, changes from $410 to $492.
Annual fee for a certified analyst changes from $30 to $36.
Annual fee for a laboratory, for each water test the laboratory is certified for, changes from $340 to $408.
The prorated fee for the addition of a test procedure mid-year changes from $23 to $35 per month for each water test, and from $28 to $42 per month for each milk or food test.
The fee for a supplemental inspection done at a time other than the mandatory inspection changes from $150 to $180.
Initial fee for licensing of a drug residue screening laboratory changes from $610 to $732 for most facilities, and from $150 to $180 for very small facilities.
Drug residue screening laboratory annual fees change from $60 to $72 for most facilities, and from $30 to $36 for very small facilities.
Discretionary Inspection fees