Chapter ATCP 92

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.

ATCP 92.08 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03; CR 06-028: am. (1) Register November 2006 No. 611, eff. 12-1-06.

ATCP 92.09 ATCP 92.09 Sealing or rejecting weights and measures. An inspector may do any of the following after inspecting weights and measures:

ATCP 92.09(1) (1) Apply a seal or mark of approval to weights or measures that comply with applicable requirements under ch. 98, Stats., and this chapter.

ATCP 92.09(2) (2) Mark or tag as “rejected” those weights and measures that fail to comply with applicable requirements under ch. 98, Stats., or this chapter.

ATCP 92.09 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03.

ATCP 92.10 ATCP 92.10 Record keeping and reporting.

ATCP 92.10(1) (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:

ATCP 92.10(1)(a) (a) The names of all supervisory and inspection personnel assigned to perform weights and measures program activities.

ATCP 92.10(1)(b) (b) The number and types of devices or equipment inspected, and a summary of compliance data related to those inspections.

ATCP 92.10(1)(c) (c) The number and types of establishments inspected.

ATCP 92.10(1)(d) (d) The number and types of commodities inspected, and a summary of compliance data related to those inspections.

ATCP 92.10(1)(e) (e) A summary of weights and measures prosecutions and enforcement actions.

ATCP 92.10(1)(f) (f) A summary of training activities in which inspection personnel participated during the period covered by the report.

ATCP 92.10(1)(g) (g) The estimated annual operating budget for the program.

ATCP 92.10(1)(h) (h) Other relevant information required by the department.

ATCP 92.10 Note Note: You may obtain a copy of the Annual Report form for Municipal Departments of Weights and Measures by writing to:

ATCP 92.10 Note 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.

ATCP 92.10(2) (2) Records and audits. A municipality that operates a weights and measures program under s. 98.04, Stats., shall keep complete and accurate records of its activities and findings under that program. The department may audit and evaluate municipal weights and measures programs, as it deems necessary, to ensure compliance with this chapter and ch. 98, Stats.

ATCP 92.10 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03.

ATCP 92.12 ATCP 92.12 Retail food establishments; weights and measures inspection fee.

ATCP 92.12(1) (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:

ATCP 92.12(1)(a) (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.

ATCP 92.12(1)(b) (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.

ATCP 92.12(1)(c) (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.

ATCP 92.12(1)(d) (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.

ATCP 92.12(1)(e) (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.

ATCP 92.12(1)(f) (f) For a retail food establishment that is not engaged in food processing, an annual weights and measures fee of $20.

ATCP 92.12(2) (2) Retail food establishment inspected by a municipality. Subsection (1) does not apply to a retail food establishment that is located in a municipality that has a municipal department of weights and measures under s. 98.04 (1), Stats., or that collects fees from the retail food establishment under s. 98.04 (2), Stats., for the purpose of enforcing ch. 98, Stats.

ATCP 92.12 Note Note: See s. 97.30 (3) (d) and (3m), Stats.

ATCP 92.12 History History: CR 09-105: cr. Register December 2010 No. 660, eff. 1-1-11.

subch. III of ch. ATCP 92 Subchapter III — Weights and Measures Service Companies

ATCP 92.20 ATCP 92.20 Weights and measures service company; license.

ATCP 92.20(1) (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.

ATCP 92.20(2) (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:

ATCP 92.20(2)(a) (a) The applicant’s correct legal name and every trade name under which the applicant engages in activities under sub. (1).

ATCP 92.20(2)(b) (b) The address of each business location from which the applicant engages in activities under sub. (1).

ATCP 92.20(2)(c) (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.

ATCP 92.20(2)(d) (d) All fees and surcharges required under sub. (3).

ATCP 92.20 Note Note: You may obtain application forms at https://datcp.wi.gov/Pages/Programs_Services/WeightsAndMeasures.aspx or by writing to:

ATCP 92.20 Note 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.

ATCP 92.20(3) (3) License fees. A license application under sub. (2) shall include all of the following applicable fees and surcharges:

ATCP 92.20(3)(a) (a) A fee of $250 if the applicant is engaged solely in installing, servicing, testing, or calibrating weights and measures that the applicant owns.

ATCP 92.20(3)(b) (b) Each of the following fees if the applicant installs, services, tests, or calibrates weights and measures for others:

ATCP 92.20(3)(b)1. 1. A basic license fee of $280.

ATCP 92.20(3)(b)2. 2. A supplementary fee of $85 per year for each additional business location, in excess of one location, from which the applicant installs, services, tests, or calibrates weights and measures for others.

ATCP 92.20(3)(b)3. 3. Reinspection fees, if any, required under s. ATCP 92.60.

ATCP 92.20(3)(c) (c) A surcharge of $200 if the department determines that, within one year before submitting the license application, the applicant operated without a license in violation of sub. (1).

ATCP 92.20(3)(d) (d) The late renewal fee provided under s. 93.21 (5), Stats., if the applicant is applying for the renewal of a license that has already expired.

ATCP 92.20(4) (4) Denying, suspending or revoking a license. The department may deny, suspend or revoke a license under sub. (1) for cause, pursuant to s. 93.06 (7), Stats., and ch. ATCP 1. Cause may include a violation of this chapter or ch. 98, Stats.

ATCP 92.20(5) (5) Exemptions. Subsection (1) does not apply to any of the following:

ATCP 92.20(5)(a) (a) A person who installs, services, tests or calibrates weights and measures only as an employee of a person licensed under sub. (1).

ATCP 92.20(5)(b) (b) An inspector or metrologist employed by this state, or by a county or municipality, to test or calibrate weights and measures.

ATCP 92.20 History History: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03; CR 04-005: am. (3) (d) and r. (3) (d) (note) Register October 2004 No. 586, eff. 11-1-04; CR 09-105: am. (2) (d), (3) (intro.), (b) 1., 2., cr. (3) (b) 3. Register December 2010 No. 660, eff. 1-1-11.

ATCP 92.21 ATCP 92.21 Weights and measures technicians; certification.

ATCP 92.21(1) (1) Certification required.

ATCP 92.21(1)(a) (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:

ATCP 92.21(1)(a)1. 1. Remove an official rejection tag or mark applied under s. ATCP 92.09 (2).

ATCP 92.21(1)(a)2. 2. Test, calibrate, service, or seal a weighing or measuring device.

ATCP 92.21(1)(a)3. 3. Verify that the weighing or measuring device is correct.