reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 90 - Fair Packaging And Labeling › Section ATCP 90.02 - Declaration of product identity

Current through June 24, 2024
(1) DECLARATION
				REQUIRED. No person may sell or distribute a consumer commodity in package form
				unless each package clearly and conspicuously identifies the commodity
				contained in that package. The declaration shall identify the commodity by its
				common or usual name, by its legally required name if any, or by a generic name
				or other appropriate description that is readily understood by
				consumers.
(2) LOCATION AND
				PROMINENCE. The declaration of identity under sub. (1) shall appear on the
				principal display panel of each package, and shall be a principal feature of
				that display panel. The declaration shall be clearly printed in the English
				language, in a conspicuous type size and style, and in a color that contrasts
				to the color of the background. The declaration shall be generally parallel to
				the base on which the package is designed to rest when displayed, and shall be
				positioned so that it can be readily seen and understood by consumers. Hand
				lettered information, if any, shall be at least as conspicuous and legible as
				printed information.
(3) DECEPTIVE
				DECLARATIONS PROHIBITED. The declaration of identity under sub. (1) may not be
				false, deceptive or misleading. Ingredients or components that are not present
				in the commodity in substantial or significantly effective amounts may not be
				featured in the declaration of identity.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 90 - Fair Packaging And Labeling › Section ATCP 90.03 - Declaration of responsibility

Current through June 24, 2024
(1) DECLARATION
				REQUIRED. No person may sell a consumer commodity in package form at any place
				other than the premises where the commodity was packaged unless each package of
				the commodity is clearly and conspicuously labeled with all of the following:
(a)
Name of responsible
				person.
The name of the manufacturer, packer, or distributor who is
				responsible for introducing the consumer commodity into commerce in package
				form. If the responsible person is a corporation, the label shall specify the
				actual corporate name of that corporation. If the responsible person is not a
				corporation, the label shall specify the correct name under which that person
				does business.
(b)
Business
				address.
The business address of the responsible person under par. (a)
				. The business address shall include street address, city, state, and ZIP code,
				except that the street address may be omitted if it is listed in any readily
				accessible, well-known, widely published, and publicly available resource, such
				as a printed directory, electronic database or website. If a person
				manufactures, packs, or distributes a consumer commodity at a place of business
				other than the person's principal place of business, the label may disclose the
				address of that principal place of business rather than the actual place of
				manufacture, packing, or distribution, provided that the substitute disclosure
				is not deceptive or misleading.
(c)
Connection to commodity.
If the responsible person under par. (a) is not the person who manufactured or
				produced the consumer commodity, the responsible person's name shall be
				qualified by a phrase, such as "Manufactured for and packed by
				__________________________________" or "Distributed by
				__________________________________," that indicates the responsible person's
				connection to the consumer commodity.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 90 - Fair Packaging And Labeling › Section ATCP 90.04 - Declaration of net quantity

Current through June 24, 2024
(1) DECLARATION
				REQUIRED.
(a)
General.
Except as provided under par. (b), no person may sell or distribute any
				consumer commodity in package form unless each package of that commodity bears
				a declaration of net quantity. The declaration of net quantity shall clearly
				and conspicuously disclose the net quantity of the consumer commodity contained
				in that package, exclusive of wrappers and other material packaged with the
				commodity. Except where different net quantity declarations are provided for
				specific packages or commodities under s.
				ATCP
				90.08, the declaration of net quantity shall comply
				with this section.
(b)
Exemptions.
Paragraph (a) does not apply to any of the
				following:
1. A commodity sold by count if
				the package contains only one unit of that commodity, or a small combination of
				items that are customarily sold together as a single unit and understood by
				consumers as constituting a single unit.
2. A commodity sold by count if the package
				contains 6 or fewer units and the number of units can be easily counted by
				consumers without opening the package.
3. Random packages of a commodity sold at
				wholesale, for weighing and labeling at the point of retail sale, provided that
				the random packages are contained in a wholesale container that is labeled to
				show the combined net weight of the contents of those random packages. This
				exemption does not apply to a random package when sold at retail.
4. A commodity that is exempt from quantity
				disclosure, pursuant to an exemption under ch. ATCP 91.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 90 - Fair Packaging And Labeling › Section ATCP 90.05 - Weight or measure; how expressed in inch-pound units

Current through June 24, 2024
A net quantity, when expressed in inch-pound units, shall be
				  expressed as follows:
(1) WEIGHT; HOW
				EXPRESSED IN INCH-POUND UNITS. If a net quantity is declared in terms of
				weight, the weight shall be expressed in pounds, with any remainder expressed
				in ounces or common or decimal fractions of a pound. If the declared weight is
				less than one pound, the declared weight shall be expressed in ounces, with any
				remainder expressed as a common or decimal fraction of an ounce.
Note:
For example, a declared net weight may be
				  expressed in any of the following forms
Wt
1 lb 8 oz
Wt
1.5 lb
Wt
1 1/2 lb
Wt
12 oz
Note:
The terms "pounds" and "ounces," as used
				  in this subsection, mean avoirdupois pounds and ounces.
(2) LIQUID MEASURE; HOW EXPRESSED IN
				INCH-POUND UNITS.
(a)
Units of liquid
				measure.
If a net quantity is declared in terms of liquid measure, the
				liquid measure shall be expressed in the largest whole units of liquid quarts,
				quarts and pints, or pints, with any remainder expressed in fluid ounces or
				common or decimal fractions of the pint or quart. If the declared measure is
				equal to or greater than one United States gallon of 231 cubic inches, the
				measure may be expressed in gallons, with any remainder expressed in liquid
				quarts or in common or decimal fractions of a gallon. If the declared measure
				is less than one pint, the declared measure shall be expressed in fluid ounces,
				with any remainder expressed as a common or decimal fraction of a fluid ounce.
				The declared liquid measure shall be determined at the temperature specified
				under par. (b).
Note:
For example, a liquid measure may be
				  expressed in any of the following ways:
Contents:
1 gal, 2 qt
Contents:
1.5 gal
Contents:
6 qt
Contents:
1 qt, 1 pt
Contents:
1.25 qt
Contents:
1 pt, 8 oz
Contents:
1.5 pt
Contents:
1 1/2 pt
Contents:
8 fl oz
(b)
Temperature at which liquid measure is determined.
A declared
				liquid measure under par. (a) shall be determined at 68° F., except that:
1. For petroleum products, the liquid measure
				shall be determined at 60° F.
2. For commodities normally sold and consumed
				while frozen, the liquid measure shall be determined at the temperature of the
				frozen commodity.
3. For
				commodities normally sold in a refrigerated state, the liquid measure shall be
				determined at 40° F.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 90 - Fair Packaging And Labeling › Section ATCP 90.06 - Weight or measure; how declared in metric units

Current through June 24, 2024
A net quantity, when expressed in metric units, shall be
				  expressed as follows:
(1) WEIGHT; HOW
				EXPRESSED IN METRIC UNITS. If a net quantity is declared in terms of weight,
				the weight shall be expressed in terms of kilograms, grams or milligrams, as
				follows:
(a)
Less than one
				kilogram.
If the declared weight is less than one kilogram but not
				less than one gram, the declared weight shall be expressed in grams, with any
				remainder expressed as a decimal fraction of a gram. If the declared weight is
				less than one gram, it shall be expressed in milligrams.
(b)
One kilogram or more.
If
				the declared weight is one kilogram or more, the declared weight shall be
				expressed in kilograms, with any remainder expressed as a decimal fraction of a
				kilogram.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 90 - Fair Packaging And Labeling › Section ATCP 90.07 - Location and prominence of net quantity declaration

Current through June 24, 2024
(1) GENERAL. A
				declaration of net quantity under s.
				ATCP
				90.04 shall appear on the principal display panel, and
				shall comply with this section.
(2)
				LOCATION AND POSITION.
(a)
General.
A declaration of net quantity shall appear in the
				bottom 30% of the principal display panel, except that the declaration may
				appear elsewhere on the principal display panel if the panel area is 32
				cm2 (5 in2) or less. The
				declaration of net quantity shall be generally parallel to the base on which
				the package is designed to rest when displayed.
(b)
Spot label or header
				label.
If all of the required declarations under ss.
				ATCP
				90.02 to are 90.04 contained on a spot label or header
				label, the declaration of net quantity may appear on the lower 30% of the spot
				label or header label, rather than on the lower 30% of the principal display
				panel.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 90 - Fair Packaging And Labeling › Section ATCP 90.08 - Special packages and commodities; labeling requirements

Current through June 24, 2024
(1) GENERAL. This
				section establishes specific labeling requirements for certain packages and
				consumer commodities. These requirements apply in addition to, or in lieu of,
				other labeling requirements under this chapter. Packages and commodities under
				this section shall comply with all applicable labeling requirements under this
				chapter, unless this section specifically exempts them from those
				requirements.
(2) MULTI-UNIT
				PACKAGES. No person may sell or distribute a consumer commodity in package form
				in a multi-unit package unless both of the following apply:
(a) Each of the component packages in the
				multi-unit package is labeled in compliance with ss.
				ATCP
				90.02 to
				90.04.
(b) The multi-unit package bears a
				declaration of net quantity that includes all of the following:
1. The number of component packages contained
				in the multi- unit package.
2. The
				net quantity of the consumer commodity contained in each component package,
				declared in compliance with s.
				ATCP
				90.04.
3.
				The total net contents of the multi-unit package. The total net contents shall
				be declared in compliance with s.
				ATCP
				90.04.
Note:
A container or wrapping which encloses 2
				  or more individual packages does not constitute a "package" or "multi-unit
				  package" if it qualifies under any of the exemptions under s.
				  ATCP 90.01(16) (a) to
				  (f).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 90 - Fair Packaging And Labeling › Section ATCP 90.09 - Variations from declared net quantity

Current through June 24, 2024
(1) INDIVIDUAL
				PACKAGE.
(a) Except as provided under par.
				(b), no person may sell any commodity in a package containing a net quantity of
				that commodity which is less than the net quantity declared on the package
				label.
(b) A shortage in an
				individual package does not violate par. (a) if both of the following apply:
1. The shortage is a result of unavoidable
				variations in quantity that occur despite good packaging and distribution
				practices.
2. The shortage is not
				an unreasonable shortage.
(c) If a shortage is found in a package that
				is part of an enforcement sample that violates sub. (3) (a), it is rebuttably
				presumed that the shortage in that individual package does not qualify for
				exemption under par. (b).
(d) A
				seller who violates par. (a) is subject to enforcement action under s.
				98.26(1)
				(c), Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 90 - Fair Packaging And Labeling › Section ATCP 90.10 - Nutritional labeling of food

Current through June 24, 2024
(1) Except for meat
				and poultry products under sub. (2), food sold or distributed for sale in this
				state shall be labeled in compliance with applicable rules adopted by the
				United States food and drug administration under 21 CFR 101, 102, 104, 105 and
				130.
(2) Meat and poultry products
				sold or distributed for sale in this state shall be labeled in compliance with
				applicable rules adopted by the United States department of agriculture under
				9 CFR
				317.300 to
				317.400,
				320.1,
				381.175,
				and
				381.400
				to
				381.500.
This section is adopted under s.
					 97.09(4),
					 Stats. See also s.
					 97.09(1),
					 Stats., related to food definitions and standards of identity, composition,
					 quality and fill of container.
Section ATCP 90.10 takes effect on April 1, 1994 or on the
					 effective date of the federal rule incorporated by reference, whichever occurs
					 later.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 91 - Selling Commodities By Weight, Measure Or Count › Section ATCP 91.01 - Definitions

Current through June 24, 2024
(1) "Commodity" means any product, good, or
				article of merchandise that is sold, offered for sale, or held or distributed
				for sale in this state. "Commodity" includes a consumer commodity as defined in
				s.
				ATCP
				90.01(5).
(2) "Department" means the state of Wisconsin
				department of agriculture, trade and consumer protection.
(3) "Method of sale" means the unit or system
				of weights or measures used in the sale of commodities to determine
				quantity.
(4) "
NIST
				Handbook 130
" means
NIST Handbook 130
(2018 edition)
				published by the National Institute of Standards and Technology, United States
				department of commerce.
Note:
Copies of
NIST Handbook
				  130
(2018 edition) are on file with the department and the legislative
				  reference bureau. Copies may be obtained from the U.S. Government Printing
				  Office, Stop SSOP, Washington, D.C. 20102-0001, or at
www.nist.gov
.
(5) "Ready-to-eat food" means food that is
				ready for consumption without further washing, heating, thawing or other
				preparation. "Ready-to-eat food" does not include any of the following:
(a) Raw fruits or vegetables, except when
				sold as part of a ready-to-eat meal.
(b) Sliced meat or poultry, or other sliced
				luncheon products, except when sold as part of a ready-to-eat meal.
(c) Cheese, except when sold as part of a
				ready-to-eat meal.
(d) Candy or
				snack foods, except when sold as part of a ready-to-eat meal.
(e) Beverages in hermetically sealed
				containers.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 91 - Selling Commodities By Weight, Measure Or Count › Section ATCP 91.015 - Methods of sale; general

Current through June 24, 2024
Except as provided in s.
				  ATCP
				  91.02,
				  91.03, or other state or federal
				  law:
(1) Liquid commodities shall be
				sold by liquid measure, except that liquid commodities may be sold by weight if
				that method is in general use and gives meaningful and accurate information as
				to the quantity of the commodity sold.
(2) Non-liquid commodities shall be sold by
				weight, except that non-liquid commodities may be sold by count or measure if
				that method is in general use and gives meaningful and accurate information as
				to the quantity of the commodity sold.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 91 - Selling Commodities By Weight, Measure Or Count › Section ATCP 91.02 - Bulk commodities sold by weight

Current through June 24, 2024
(1) Whenever a bulk
				or unpackaged commodity is offered for sale by weight, the price of that
				commodity shall be computed, advertised and displayed according to
NIST
				Handbook 130
, ch. IV.B, section 1.9.
(2) If a retailer displays more than one type
				of bulk or unpackaged commodity for sale by weight in the same retail display,
				the retailer shall declare all of the prices of the displayed commodities per
				the same whole unit of weight.
(3)
				No person may sell a bulk or unpackaged commodity by weight at retail unless
				one of the following applies:
(a) The
				commodity is weighed at the time of sale.
(b) The weights of individual commodity units
				are accurately premarked on those units.
(c) A placard stating the guaranteed minimum
				individual weight of the individual commodity units displayed for sale is
				conspicuously posted at the display location.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 91 - Selling Commodities By Weight, Measure Or Count › Section ATCP 91.04 - Presentation of price

Current through June 24, 2024
Whenever an advertised, posted or labeled price per unit of
				  weight, measure or count for any commodity includes a fraction of a cent, all
				  elements of the fraction shall be prominently displayed in compliance
				  with
NIST Handbook 130
, ch. IV.B, section
				  3.1.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 91 - Selling Commodities By Weight, Measure Or Count › Section ATCP 91.05 - Combination quantity declarations

Current through June 24, 2024
Whenever the method of sale of a commodity includes a
				  statement of count in addition to a statement of weight, measure or size, the
				  method of sale shall comply with applicable requirements in
NIST
				  Handbook 130
, ch. IV.B, section 3.2.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 91 - Selling Commodities By Weight, Measure Or Count › Section ATCP 91.06 - Vending machines

Current through June 24, 2024
Vending machines dispensing packaged commodities shall comply
				  with
NIST Handbook 130
, ch. IV.B, section
				  3.3.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 91 - Selling Commodities By Weight, Measure Or Count › Section ATCP 91.07 - Railroad car tare weights

Current through June 24, 2024
Whenever stenciled tare weights on railroad freight cars are
				  used in the sale of commodities or the assessment of freight charges, the
				  stenciled tare weights shall comply with
NIST Handbook 130
,
				  ch. IV.B, section 3.4.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter I - General Provisions › Section ATCP 92.01 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Commodity" means any product or
				  commodity that is sold, offered for sale, or held or distributed for sale in
				  this state. "Commodity" includes a consumer commodity.
(2) "Construction plan" means a set of
				  detailed blueprints for the construction of a vehicle or livestock scale,
				  including the construction of any scale pit, footings, base slabs, piers, end
				  walls, and approaches.
(3)
				  "Consumer commodity" has the meaning given in s.
				  ATCP
				  90.01(5).
(4) "Correct," as applied to a weighing or
				  measuring device, means that the weighing or measuring device complies with
				  this chapter and ch. 98, Stats.
(5)
				  "Department" means the state of Wisconsin department of agriculture, trade and
				  consumer protection.
(6)
				  "Individual" means a natural person.
(7) "Inspector" means any of the following:
(a) A department weights and measures
				  inspector.
(b) A municipal weights
				  and measures sealer or inspector under s.
				  98.04(1),
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter I - General Provisions › Section ATCP 92.02 - Weighing and measuring devices; general requirements

Current through June 24, 2024
(1) Except as
				  provided in this chapter, weighing and measuring devices shall comply with
				  applicable specifications, tolerances, and other technical requirements set
				  forth in
NIST Handbook 44
.
Note:
See s.
					 98.03(2),
					 Stats. The 2014 edition of the
NIST Handbook 44
(Specifications, Tolerances and Other Technical Requirements for Weighing and
					 Measuring Devices) is on file with the department and the legislative reference
					 bureau. Copies may be purchased from the U.S. Government Printing Office,
					 Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954.
					 Excerpts can be viewed at
http://www.nist.gov/index.html
.
(2) Except as provided in sub.
				  (3), no person may sell, offer for sale, use, or distribute for use in this
				  state a weighing or measuring device unless the device is a type or model
				  certified by one of the following:
(a) The
				  chief of the office of weights and measures of the NIST.
(b) The national type evaluation program
				  administered by the National Conference on Weights and Measures.
Note:
Devices certified under par. (b) are
					 commonly known as "NTEP-approved" devices.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter II - State and Municipal Programs › Section ATCP 92.04 - Municipal program components

Current through June 24, 2024
A municipal weights and measures program under s.
					 98.04, Stats.,
					 shall inspect and test all the following for compliance with applicable
					 requirements under ch. 98, Stats., this chapter, and chs.
					 ATCP
					 90 and
					 91:
(1) Commodities.
(2) Liquid measuring devices.
(3) Scales.
(4) Weighing, measuring and price
				  verification systems.
(5) Timing
				  devices.
(6) Linear measuring
				  devices.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter II - State and Municipal Programs › Section ATCP 92.06 - Inspection procedures and equipment

Current through June 24, 2024
(1) GENERAL.
				  Inspectors shall inspect weights and measures according to ch. 98, Stats., this
				  chapter, and chs.
				  ATCP
				  90 and
				  91. An inspection, and the
				  equipment used to make it, shall comply with all of the following that apply to
				  that type of inspection:
(a) The
NIST
				  Handbook 44
.
(b) The
NIST Handbook 133
.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter II - State and Municipal Programs › Section ATCP 92.08 - Inspector hiring and training

Current through June 24, 2024
(1) HIRING. A
				  municipality that has a weights and measures program under s.
				  98.04, Stats.,
				  shall hire its inspectors from a list of applicants whose qualifications have
				  been certified by the state or local civil service agency under the rules of
				  the agency.
Note: See s.
					 98.04,
					 Stats.
(2) TRAINING.
				  Inspectors shall complete weights and measures training prescribed by the
				  department. The department may approve training programs offered by other
				  entities, including governmental, private or educational entities. The
				  department shall issue completion certificates to inspectors who complete
				  prescribed training.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter II - State and Municipal Programs › Section ATCP 92.09 - Sealing or rejecting weights and measures

Current through June 24, 2024
An inspector may do any of the following after inspecting
					 weights and measures:
(1) Apply a seal
				  or mark of approval to weights or measures that comply with applicable
				  requirements under ch. 98, Stats., and this chapter.
(2) Mark or tag as "rejected" those weights
				  and measures that fail to comply with applicable requirements under ch. 98,
				  Stats., or this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter II - State and Municipal Programs › Section ATCP 92.10 - Record keeping and reporting

Current through June 24, 2024
(1) ANNUAL REPORT.
				  A municipality that operates a weights and measures program under s.
				  98.04(1),
				  Stats., shall submit to the department an annual report by August 1 of each
				  year. The report shall cover the 12 months ending June 30 of that year. The
				  report shall describe, in a form prescribed by the department, the activities
				  and findings of the municipal program during the period covered by the report.
				  The report shall include all of the following:
(a) The names of all supervisory and
				  inspection personnel assigned to perform weights and measures program
				  activities.
(b) The number and
				  types of devices or equipment inspected, and a summary of compliance data
				  related to those inspections.
(c)
				  The number and types of establishments inspected.
(d) The number and types of commodities
				  inspected, and a summary of compliance data related to those
				  inspections.
(e) A summary of
				  weights and measures prosecutions and enforcement actions.
(f) A summary of training activities in which
				  inspection personnel participated during the period covered by the
				  report.
(g) The estimated annual
				  operating budget for the program.
(h) Other relevant information required by
				  the department.
Note:
You may obtain a copy of the Annual
					 Report form for Municipal Departments of Weights and Measures by writing
					 to:
Wisconsin Department of Agriculture, Trade and Consumer
					 Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter II - State and Municipal Programs › Section ATCP 92.12 - Retail food establishments; weights and measures inspection fee

Current through June 24, 2024
(1) ANNUAL FEE
				  REQUIRED. Except as provided in sub. (2), an applicant for a retail food
				  establishment license under s.
				  ATCP
				  75.03 shall pay the following weights and measures
				  inspection fee:
(a) For a retail food
				  establishment that has annual food sales of $15,000,000 or more and that
				  processes potentially hazardous food, an annual weights and measures inspection
				  fee of $300.
(b) For a retail food
				  establishment that has annual food sales of $5,000,000 or more but less than
				  $15,000,000 and that processes potentially hazardous food, an annual weights
				  and measures inspection fee of $250.
(c) For a retail food establishment that has
				  annual food sales of $1,000,000 or more but less than $5,000,000 and that
				  processes potentially hazardous food, an annual weights and measures inspection
				  fee of $150.
(d) For a retail food
				  establishment that has annual food sales of $25,000 or more but less than
				  $1,000,000 and that processes potentially hazardous food, an annual weights and
				  measures inspection fee of $ 60.
(e) For a retail food establishment that has
				  annual food sales $25,000 or more and that is engaged in food processing, but
				  that does not process potentially hazardous food, an annual weights and
				  measures inspection fee of $40.
(f)
				  For a retail food establishment that is not engaged in food processing, an
				  annual weights and measures fee of $20.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter III - Weights and Measures Service Companies › Section ATCP 92.20 - Weights and measures service company; license

Current through June 24, 2024
(1) LICENSE
				  REQUIRED. Except as provided in sub. (5), no person may install, service, test,
				  or calibrate weights and measures without a current annual license from the
				  department, as required under s.
				  98.18,
				  Stats. A license expires on December 31 of each year. A license is not
				  transferable between persons or business locations.
(2) LICENSE APPLICATION. A person seeking a
				  license under sub. (1) shall apply on a form provided by the department. The
				  application shall include all the following:
(a) The applicant's correct legal name and
				  every trade name under which the applicant engages in activities under sub.
				  (1).
(b) The address of each
				  business location from which the applicant engages in activities under sub.
				  (1).
(c) The full name, birthdate,
				  and date of certification of each technician who engages in activities under s.
				  ATCP
				  92.21 on behalf of the applicant.
(d) All fees and surcharges required under
				  sub. (3).
Note:
You may obtain application forms at
					 https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by
					 writing to:
Wisconsin Department of Agriculture, Trade and Consumer
					 Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter III - Weights and Measures Service Companies › Section ATCP 92.21 - Weights and measures technicians; certification

Current through June 24, 2024
(1) CERTIFICATION
				  REQUIRED.
(a) No weights and measures service
				  company may employ or direct an individual to do any of the following, with
				  respect to a weighing or measuring device, unless the department has certified
				  that individual in a category under sub. (4) that includes that device:
1. Remove an official rejection tag or mark
				  applied under s.
				  ATCP
				  92.09(2).
2. Test, calibrate, service, or seal a
				  weighing or measuring device.
3.
				  Verify that the weighing or measuring device is correct.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter III - Weights and Measures Service Companies › Section ATCP 92.22 - Weights and measures service companies; test procedures and equipment

Current through June 24, 2024
(1) GENERAL.
				  Whenever a weights and measures service company installs, services, tests or
				  calibrates a weighing or measuring device, the service company shall do all the
				  following:
(a) Comply with this chapter and
				  ch. 98, Stats.
(b) Comply with
				  applicable requirements contained in the
NIST Handbook 44
.
Note:
The
NIST Handbook 44
(
Specifications, Tolerances, and Other Technical Requirements for
					 Weighing and Measuring Devices
) 2016 edition, is on file with the
					 department and the legislative reference bureau. You may purchase copies of
					 this handbook from the U.S. Government Printing Office, Superintendent of
					 Document Sales, P.O. Box 371954, Pittsburgh, PA 15250-7954.
(c) Use equipment and standards that comply
				  with sub. (2).
(d) Affix a security
				  seal to any adjustment mechanism that is designed to be sealed. The security
				  seal shall identify the weights and measures service company and individual
				  technician by name, initials, or other unique identifiers.
(e) Prepare a report according to s.
				  ATCP
				  92.23.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter III - Weights and Measures Service Companies › Section ATCP 92.23 - Weights and measures service companies; reports

Current through June 24, 2024
(1) REPORT
				  REQUIRED. A weights and measures service company shall prepare a written report
				  whenever it installs, services, tests or calibrates a weighing or measuring
				  device. The weights and measures technician who performs the work on behalf of
				  the service company shall prepare and sign the report. The report shall include
				  all the following:
(a) The name of the device
				  owner or operator, the location of the device, and a uniquely identifying
				  description of the device.
(b) The
				  date on which the service company installed, serviced, tested or calibrated the
				  device.
(c) The nature of the work
				  performed on the device.
(d) A
				  statement that an inspector had marked or sealed the device as "rejected," if
				  that is the case. The report shall include the date of the "rejected" mark or
				  seal, if known. The report shall state whether the service company returned the
				  device to service and, if it did return the device to service, the date on
				  which it did so.
(e) The level of
				  accuracy and correctness found at the beginning of each test and after any
				  adjustments to the device.
(f) A
				  statement clearly indicating whether the device was correct when the service
				  company completed its work. If the service company did not determine whether
				  the device was correct, the report shall indicate that fact.
(g) The name of the service company
				  technician who installed, serviced, tested or calibrated the device.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter III - Weights and Measures Service Companies › Section ATCP 92.24 - Prohibited practices

Current through June 24, 2024
No person who sells, installs, services, tests or
					 calibrates a weighing or measuring device may do any of the following:
(1) Cause the device to be
				  incorrect.
(2) Misrepresent that
				  the device is correct.
(3)
				  Misrepresent, directly or by implication, that the person has determined
				  whether the device is correct.
(4)
				  Fail to comply with this chapter or ch. 98, Stats.
(5) Remove any reject tag or mark applied by
				  a state or municipal inspector unless the person first does one of the
				  following:
(a) Adjusts the device to bring it
				  into compliance with this chapter and ch. 98, Stats.
(b) Obtains express authorization from the
				  department or, if the reject tag or mark was applied by a municipal inspector,
				  from that municipality.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter IV - Vehicle and Livestock Scales › Section ATCP 92.30 - Vehicle and livestock scales; permits, construction, and testing

Current through June 24, 2024
(1) VEHICLE SCALE;
				  PERMIT REQUIRED.
(a) No person may install or
				  relocate a vehicle scale without a permit from the department.
(b) A person shall apply for a permit under
				  par. (a) in writing, on a form provided by the department. The application
				  shall include all of the following:
1. A
				  nonrefundable application fee of $65, if the application pertains to a vehicle
				  scale.
2. A construction plan for
				  the vehicle scale.
(c)
				  An application under par. (b) shall document that the vehicle scale complies
				  with the construction standards in sub. (3).
(d) The department shall grant or deny a
				  permit application under par. (b) within 20 business days after the department
				  receives a complete application. The department may deny an application if the
				  applicant begins to install or relocate the vehicle scale while the permit
				  application is still pending approval.
Note:
A permit application form under sub. (1)
					 (b) may be obtained at
https://datcp.wi.gov
/Pages/Programs_Services/WeightsAndMeasures.aspx
					 or by writing to:
Wisconsin Department of Agriculture, Trade and Consumer
					 Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter IV - Vehicle and Livestock Scales › Section ATCP 92.31 - Vehicle scale; license to operate

Current through June 24, 2024
(1) LICENSE
				  REQUIRED
.
No person may operate a vehicle scale without a
				  license from the department, as provided under s.
				  98.16,
				  Stats. A separate license is required for each scale. A license is not
				  transferable between persons, scales, or scale locations. A license expires on
				  March 31 annually.
(2) LICENSE
				  APPLICATION
.
A person applying for a license under sub. (1)
				  shall apply on a form provided by the department. The application shall include
				  all the following:
(a) The applicant's
				  correct legal name and business address, and any trade name under which the
				  applicant proposes to operate the vehicle scale.
(b) The nature and location of the vehicle
				  scale.
(c) The fees and surcharges
				  required under sub. (3).
(d) Other
				  information that the department reasonably requires for licensing purposes.
Note:
A license application form under sub.
					 (2) (d) may be obtained at
					 https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by
					 writing to:
Wisconsin Department of Agriculture, Trade and Consumer
					 Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter V - Liquefied Petroleum Gas › Section ATCP 92.40 - Thermometer and thermometer well specifications

Current through June 24, 2024
(1) Every meter
				  used for the liquid measurement of liquefied petroleum gas sold or delivered to
				  consumers shall be equipped with a thermometer well. The well shall extend into
				  the flowing liquid either in the liquid chamber of the meter or in the meter
				  inlet or discharge line immediately adjacent to the meter.
(2) The thermometer well shall be constructed
				  so as to permit insertion of a Fahrenheit thermometer which has one-degree
				  graduations, spaced at least 0.04 inch apart.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter V - Liquefied Petroleum Gas › Section ATCP 92.42 - Sales tickets

Current through June 24, 2024
(1) When delivery of liquefied petroleum gas
				  is made through a liquid meter equipped with an automatic temperature
				  compensating mechanism, the word "gallon" or any abbreviation thereof shall not
				  appear alone on the sales ticket but shall be immediately preceded or followed
				  by the words "automatically corrected to 60°F." in the same size and style
				  of type.
(2) When delivery of
				  liquefied petroleum gas is made through a liquid meter not equipped with an
				  automatic temperature compensating mechanism, the sales ticket shall show the
				  delivered gallons, the temperature of the liquid at the time of delivery, the
				  volume correction factor, and the corrected gallonage. Wherever a statement of
				  corrected gallonage appears on the sales ticket the words "corrected to
				  60°F." shall appear immediately adjacent thereto.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter V - Liquefied Petroleum Gas › Section ATCP 92.43 - Liquified petroleum gas meter; license to operate

Current through June 24, 2024
(1) LICENSE
				  REQUIRED.
(a) Except as provided in par. (b),
				  no person may operate a liquefied petroleum gas meter without an annual license
				  from the department. An annual license expires on November 30. A separate
				  license is required for each liquefied petroleum gas meter. A license is not
				  transferable between persons or meters.
(b) Paragraph (a) does not apply to an
				  individual who operates a liquefied petroleum gas meter only as an employee of
				  a person who holds a license under par. (a) to operate that meter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter V - Liquefied Petroleum Gas › Section ATCP 92.45 - Liquified petroleum gas meter; testing and reporting

Current through June 24, 2024
The operator of a liquid petroleum gas meter shall at least
					 annually have the meter tested for accuracy by a person who is licensed under
					 s.
					 ATCP
					 92.20(1) to perform the testing. The
					 person performing the test shall provide the meter operator with a written
					 report of test results. The meter operator shall provide a copy of the test
					 report to the department within 30 days after the testing is completed, and
					 shall retain the test report for at least 3 years.
A tester may, on behalf of a meter operator, provide a
						copy of a test report to the department as required under s. ATCP 92.45.
						However, the meter operator is ultimately responsible for ensuring that the
						department receives a copy of the test report.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter VI - Vehicle Tank Meters › Section ATCP 92.50 - Vehicle tank meter; license to operate

Current through June 24, 2024
(1) LICENSE
				  REQUIRED.
(a) Except as provided in par. (b),
				  no person may operate a vehicle tank meter without an annual license from the
				  department. An annual license expires on October 31. A separate license is
				  required for each vehicle tank meter. A license is not transferable between
				  persons or vehicle tank meters.
(b)
				  Paragraph (a) does not apply to an individual who operates a vehicle tank meter
				  only as an employee of a person who holds a license under par. (a) to operate
				  that vehicle tank meter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter VI - Vehicle Tank Meters › Section ATCP 92.52 - Vehicle tank meter; testing and reporting

Current through June 24, 2024
The operator of a vehicle tank meter shall at least
					 annually have the meter tested for accuracy by a person who is licensed under
					 s.
					 ATCP
					 92.20(1) to perform the testing. The
					 person performing the test shall provide the meter operator with a written
					 report of test results. The meter operator shall provide a copy of the test
					 report to the department within 30 days after the testing is completed, and
					 shall retain the test report for at least 3 years.
A tester may, on behalf of a meter operator, provide a
						copy of a test report to the department as required under s. ATCP 92.52.
						However, the meter operator is ultimately responsible for ensuring that the
						department receives a copy of the test report.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 92 - Weights And Measures › Subchapter VII - Reinspection Fees › Section ATCP 92.60 - Reinspection fees

Current through June 24, 2024
(1) REINSPECTION FEE CHARGED. If the
				  department reinspects a weight or measure because the department has found a
				  violation of this chapter or ch. 98, Stats., the department shall charge the
				  operator of the weight or measure a reinspection fee as provided in sub.
				  (2).
(2) REINSPECTION FEE AMOUNT.
				  The amount of the reinspection under sub. (1) is as follows:
(a) For a large capacity scale (over 5,000
				  lbs), $125.
(b) For a medium
				  capacity scale (300-5,000 lbs), $80.
(c) For a small capacity scale (up to 300
				  lbs), $65.
(d) For a vehicle tank
				  meter, $95.
(e) For a liquified
				  petroleum gas meter, $150.
(f) For
				  a loading rack meter or similar large volume meter, $125.
(g) For a retail motor fuel device or similar
				  liquid measuring device, $65.
(h)
				  For a timing device, $65.
(i) For a
				  grain moisture meter, $85.
(j) For
				  package checking and labeling accuracy, $80.
(k) For price accuracy, $105.
(L) For other reinspections, $75.