ATCP 92.06 HistoryHistory: 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 92.08ATCP 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 NoteNote: 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 92.09ATCP 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 HistoryHistory: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03. ATCP 92.10ATCP 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)(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 NoteNote: You may obtain a copy of the Annual Report form for Municipal Departments of Weights and Measures by writing to:
ATCP 92.10 NoteWisconsin 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 HistoryHistory: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03. ATCP 92.12ATCP 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 HistoryHistory: CR 09-105: cr. Register December 2010 No. 660, eff. 1-1-11. ATCP 92.20ATCP 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 NoteWisconsin 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)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)(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 HistoryHistory: 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 92.21ATCP 92.21 Weights and measures technicians; certification. 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)(b)(b) No individual operating a weights and measures service company may engage in any of the activities under par. (a) unless that individual is certified under par. (a). ATCP 92.21 NoteNote: An individual operating a weights and measures service company must also be licensed under s. ATCP 92.20. ATCP 92.21(2)(2) Application for certification. An individual, or a weights and measures service company on behalf of an individual, may apply to have the individual certified under sub. (1). The applicant shall apply on a form provided by the department. An application shall include, for each individual to be certified, all the following: ATCP 92.21(2)(a)(a) The individual’s full name (first, middle, and last) and birth date. ATCP 92.21(2)(b)(b) Proof that the individual has met the examination requirement under sub. (3) (a), or is currently certified by another state as provided in sub. (3) (b). ATCP 92.21 NoteWisconsin 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 92.21(3)(a)(a) The department may not certify an individual under sub. (1) in any category under sub. (4) unless one of the following applies: ATCP 92.21(3)(a)1.1. The individual has passed the central weights and measures association registered service persons examination, or another examination approved by the department, in that category. ATCP 92.21(3)(a)2.2. The individual is currently certified in an equivalent category in another state, and has passed an examination under subd. 1. within 5 years prior to the date on which the department receives the certification application under sub. (2). ATCP 92.21(3)(b)(b) An individual, or a weights and measures service company on behalf of an individual, may apply to have the individual take an examination required under par. (a). The applicant shall apply to the department, on a form provided by the department. The application shall include, for each individual, all the following: ATCP 92.21(3)(b)2.2. An address and telephone number at which the applicant may be contacted to schedule the examination. ATCP 92.21(3)(b)3.3. A $30 examination fee. A single fee entitles an individual to take examinations in one or more certification categories on the same day. ATCP 92.21 NoteNote: You may obtain exam application forms by writing to:
ATCP 92.21 NoteWisconsin 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 92.21(3)(c)(c) Whenever the department receives a complete application under par. (b), the department or its agent shall schedule an examination date with the applicant. The examination date shall be not later than 60 days after the date on which the department receives the complete application, unless the applicant agrees to a later date. ATCP 92.21(4)(4) Certification category. The department may certify an individual in one or more of the device categories for which the central weights and measures association provides examinations. ATCP 92.21 NoteNote: Currently, the Central Weights and Measures Association provides examinations in the following device categories: HB44 general code, retail computing scales, medium capacity scales, livestock scales, vehicle scales, railroad track scales, belt conveyor scales, retail motor fuel dispensers, vehicle tank meters, LPG meters, loading rack meters, and agricultural chemical and mass flow meters.
ATCP 92.21(5)(5) Action on certification. The department shall grant or deny an application under sub. (2) within 45 days after the examination date under sub. (3) (c) except that, if no examination is required under sub. (3), the department shall grant or deny an application under sub. (2) within 45 days after the department receives a complete application. ATCP 92.21(6)(6) Certification expires. A certification under sub. (1) expires 5 years after the department issues that certification. ATCP 92.21(7)(7) Denying, suspending, or revoking a certification. The department may deny, suspend, or revoke a certification 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 92.21 HistoryHistory: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03, except (1) eff. 12-31-04; CR 09-105: am. (3) (b) 3. Register December 2010 No. 660, eff. 1-1-11. ATCP 92.22ATCP 92.22 Weights and measures service companies; test procedures and equipment.
