Chapter ATCP 92

ATCP 92.45   Liquified petroleum gas meter; testing and reporting.

Subchapter VI — Vehicle Tank Meters

ATCP 92.50   Vehicle tank meter; license to operate.

ATCP 92.52   Vehicle tank meter; testing and reporting.

Subchapter VII — Reinspection Fees

ATCP 92.60   Reinspection fees.

Ch. ATCP 92 Note Note: Chapters Ag 51, 52, 115, and 120 as they existed on December 31, 1991 were repealed and a new chapter ATCP 92 was created effective January 1, 1992; Chapter Ag 52 was renumbered chapter ATCP 92 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448.

Ch. ATCP 92 Note Note: This chapter is adopted under authority of ss. 93.07 (1), 93.15 (1), 98.03 (2), 98.16 (4), 98.18 (1h) and (2), and 100.20 (2), Stats. Violations of this chapter are subject to the penalties and remedies provided under ss. 98.16, 100.20 (5) and (6), and 100.26 (3) and (6), Stats.

subch. I of ch. ATCP 92 Subchapter I — General Provisions

ATCP 92.01 ATCP 92.01 Definitions. In this chapter:

ATCP 92.01(1) (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.

ATCP 92.01(2) (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.

ATCP 92.01(3) (3) “Consumer commodity” has the meaning given in s. ATCP 90.01 (5).

ATCP 92.01(4) (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.

ATCP 92.01(5) (5) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 92.01(6) (6) “Individual” means a natural person.

ATCP 92.01(7) (7) “Inspector” means any of the following:

ATCP 92.01(7)(a) (a) A department weights and measures inspector.

ATCP 92.01(7)(b) (b) A municipal weights and measures sealer or inspector under s. 98.04 (1), Stats.

ATCP 92.01(8) (8) “Liquefied petroleum gas meter” means a commercial meter used to measure liquefied petroleum gas sold or delivered to a consumer.

ATCP 92.01(9) (9) “Livestock scale” means a scale designed or used to weigh livestock, but does not include a scale which is designed to weigh only one animal at a time.

ATCP 92.01 Note Note: A “livestock scale” may also be a “vehicle scale” if it is used to weigh vehicles that contain livestock for the purpose of weighing the livestock.

ATCP 92.01(10) (10) “Load receiving element” means that portion of a scale, such as a scale platform or deck, which receives the load to be weighed.

ATCP 92.01(10d) (10d) “NIST” means the national institute of standards and technology, United States department of commerce.

ATCP 92.01(10h) (10h) “NIST Handbook 44” means NIST Handbook 44 (2018 edition) published by the National Institute of Standards and Technology, United States department of commerce.

ATCP 92.01 Note Note: Copies of NIST Handbook 44, Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices (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, website: www.nist.gov.

ATCP 92.01(10p) (10p) “NIST Handbook 130” means NIST Handbook 130 (2018 edition) published by the National Institute of Standards and Technology, United States department of commerce.

ATCP 92.01 Note Note: Copies of NIST Handbook 130, Uniform Laws and Regulation in the Areas of Legal Metrology and Engine Fuel Quality (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, website: www.nist.gov.

ATCP 92.01(10t) (10t) “NIST Handbook 133” means NIST Handbook 133 (2018 edition) published by the National Institute of Standards and Technology, United States department of commerce.

ATCP 92.01 Note Note: Copies of NIST Handbook 133, Checking the Net Contents of Packaged Goods (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, website: www.nist.gov.

ATCP 92.01(11) (11) “Person” means an individual, corporation, partnership, cooperative association, limited liability company, or other legal organization or entity.

ATCP 92.01(12) (12) “Pit neck” means that part of a scale pit, usually an extension of a scale pit wall, which encloses the end of the transverse lever of a lever–type weighing element, and which supports the indicating element.

ATCP 92.01(13) (13) “Portable vehicle scale” means any self-contained vehicle scale that is all of the following:

ATCP 92.01(13)(a) (a) Designed and engineered by the original manufacturer to measure weight accurately when used without a permanent concrete foundation or approach ramp.

ATCP 92.01(13)(b) (b) Equipped with lifting and positioning mechanisms that are built into the structure of the scale frame.

ATCP 92.01(13)(c) (c) Designed for use with approach bulkheads.

ATCP 92.01(13)(d) (d) Readily movable between job sites.

ATCP 92.01(14) (14) “Retail food establishment” has the meaning given in s. 97.30 (1) (c), Stats.

ATCP 92.01(15) (15) “Vehicle scale” means a commercial scale designed or used to weigh loaded or unloaded highway, farm, or industrial vehicles, and includes above-ground scales, dump scales, and portable scales. “Vehicle scale” does not include a railway scale used exclusively for the weighing of commodities on railroad track vehicles.

ATCP 92.01(16) (16) “Vehicle tank meter” has the meaning given in s. 98.224 (1), Stats. A “vehicle tank” meter does not include a liquefied petroleum gas meter.

ATCP 92.01(17) (17) “Weighing element” means that portion of a scale that supports the load–receiving element and transmits to the indicating element a signal or force resulting from the load applied to the load–receiving element.

ATCP 92.01(18) (18) “Weighing or measuring device” means any device used to determine the weight or measure of a commodity, for commercial purposes. “Weighing or measuring device” includes a scale, meter, measuring device, or timing device that affects the determination of weight or measure.

ATCP 92.01(19) (19) “Weights and measures” has the meaning given in s. 98.01 (7), Stats.

ATCP 92.01(20) (20) “Weights and measures service company” means a person that is required to be licensed under s. ATCP 92.20 (1).

ATCP 92.01 History History: Cr. Register, December, 1991, No. 432, eff. 1–1–92; cr. (11m), am. (14), Register, December, 1995, No. 480, eff. 1-1-96; CR 01-028: r. (1), (6) to (9) and (12) and renum. (2) to (5), (10), (11), (11m), and (13) to (15) to be (1) to (10), Register September 2001 No. 549, eff. 10-1-01; CR 02-141: renum. (1) to be (1e), cr. (1), (1m), (1s), (2g), (2r), (11) to (13), am. (5), r. (8) Register August 2003 No. 572, eff. 9-1-03; CR 09-105: renum. (1e), (1m), (1s), (2), (2g), (2r), (4), (5), (6), (7), (10), (11), (12), (13) to be (2), (3), (4), (5), (6), (7), (10), (11), (12), (13), (17), (18), (19), (20), renum. (3), (9) to be (9), (15) and am., cr. (8), (14), (16) Register December 2010 No. 660, eff. 1-1-11; CR 13-043: am. (15) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: cr. (10d), (10h), (10p), (10t) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (10h), (10p), (10t) Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (10h), (10p), (10t) Register January 2020 No. 769, eff. 2-1-20.

ATCP 92.02 ATCP 92.02 Weighing and measuring devices; general requirements.

ATCP 92.02(1) (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.

ATCP 92.02 Note 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.

ATCP 92.02(2) (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:

ATCP 92.02(2)(a) (a) The chief of the office of weights and measures of the NIST.

ATCP 92.02(2)(b) (b) The national type evaluation program administered by the National Conference on Weights and Measures.

ATCP 92.02 Note Note: Devices certified under par. (b) are commonly known as “NTEP-approved” devices.

ATCP 92.02(3) (3) Subsection (2) does not apply to any of the following:

ATCP 92.02(3)(a) (a) A commercial weighing or measuring device that is first put into use in this state before January 1, 1997.

ATCP 92.02(3)(b) (b) A commercial weighing or measuring device that is designed, built, or customized for a specific application at a single location.

ATCP 92.02(3)(c) (c) A commercial weighing or measuring device for which neither the NIST nor the national conference of weights and measures has yet adopted testing and certification procedures, provided that the department authorizes the sale and use of that device in this state. A person seeking department authorization shall apply to the department in writing. The application shall include relevant engineering and use specifications for the device, and shall document that neither the NIST nor the national conference on weights and measures has yet adopted testing and certification procedures for that device. The department shall grant or deny authorization within 30 days after the department receives a complete application, including any supplementary information requested by the department.

ATCP 92.02(4) (4) A commercial weighing or measuring device is no longer considered a type or model certified under sub. (2) if any of the following applies:

ATCP 92.02(4)(a) (a) Parts or components of a type specifically certified under sub. (2) are replaced with parts or components not certified under sub. (2).

ATCP 92.02(4)(b) (b) The device is repaired or remanufactured with parts or components that are inconsistent with the manufacturer’s metrological design.

ATCP 92.02(4)(c) (c) The repair or remanufacture of the device causes the device to be in violation of any applicable standard under sub. (1).

ATCP 92.02(5) (5) No person may misrepresent that a weighing or measuring device is a type or model certified under sub. (2).

ATCP 92.02(6) (6) No person may cause a weight or measure to be incorrect.

ATCP 92.02(7) (7) A person who manufactures or distributes a commercial weighing or measuring device violates sub. (6) if all of the following apply:

ATCP 92.02(7)(a) (a) The person knows or reasonably should know that the weighing or measuring device has a latent or patent defect that may cause an incorrect weight or measure.

ATCP 92.02(7)(b) (b) The person fails to take steps, which that person is reasonably capable of taking, which would prevent the defect from causing incorrect weights or measures.

ATCP 92.02(7)(c) (c) The defective weighing or measuring device causes an incorrect weight or measure which is attributable, at least in part, to the defect in the device.

ATCP 92.02 History History: Cr. Register, December, 1991, No. 432, eff. 1–1–92; renum. (intro.) to (1), cr. (2) to (5), Register, December, 1995, No. 480, eff. 1-1-96; cr. (6) and (7), Register, June, 1998, No. 510, eff. 7-1-98; CR 02-141: am. (1), r. and recr. (2) Register August 2003 No. 572, eff. 9-1-03; CR 04-005: am. (1) and (3) (c) Register October 2004 No. 586, eff. 11-1-04; CR 06-028: am. (1) Register November 2006 No. 611, eff. 12-1-06; CR 08-075: am. (1) Register April 2009 No. 640, eff. 5-1-09; CR 10-122: am. (1) Register July 2011 No. 667, eff. 8-1-11; CR 13-043: am. (1) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (1), (2) (a), (3) (c) Register May 2015 No. 713, eff. 6-1-15.

subch. II of ch. ATCP 92 Subchapter II — State and Municipal Programs

ATCP 92.04 ATCP 92.04 Municipal program components. 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:

ATCP 92.04(1) (1) Commodities.

ATCP 92.04(2) (2) Liquid measuring devices.

ATCP 92.04(3) (3) Scales.

ATCP 92.04(4) (4) Weighing, measuring, and price verification systems.

ATCP 92.04(5) (5) Timing devices.

ATCP 92.04(6) (6) Linear measuring devices.

ATCP 92.04 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03.

ATCP 92.06 ATCP 92.06 Inspection procedures and equipment.

ATCP 92.06(1) (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:

ATCP 92.06(1)(a) (a) The NIST Handbook 44.

ATCP 92.06(1)(b) (b) The NIST Handbook 133.

ATCP 92.06(2) (2) Price verification systems. Inspections of price verification systems shall comply with NIST Handbook 130, chapter V, section 7.

ATCP 92.06(3) (3) Inspection equipment and standards. The department, or a laboratory certified by the NIST, shall inspect, test, and approve testing equipment and standards used by inspectors. The department or certified laboratory shall inspect, test, and approve the equipment at least once every 2 years unless the department specifies a different time interval for specific equipment or standards.

ATCP 92.06 Note Note: The standards incorporated by reference in subs. (1) and (2) are 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.

ATCP 92.06 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03; CR 04-005: am. (1) (a) and (2) Register October 2004 No. 586, eff. 11-1-04; CR 06-028: am. (1) (a), (b) and (2) Register November 2006 No. 611, eff. 12-1-06; CR 08-075: am. (1) (a) and (2) Register April 2009 No. 640, eff. 5-1-09; CR 10-122: am. (1) (a), (b), (2) Register July 2011 No. 667, eff. 8-1-11; CR 13-043: am. (1) (a), (b), (2) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (1) (a), (b), (2), (3) Register May 2015 No. 713, eff. 6-1-15.

ATCP 92.08 ATCP 92.08 Inspector hiring and training.

ATCP 92.08(1) (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.

ATCP 92.08 Note Note: See s. 98.04, Stats.

ATCP 92.08(2) (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.