Wisconsin Legislature: ATCP 92.10(1)(e)

(2) Liquid measuring devices.

(3) Scales.

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

(5) Timing devices.

(6) Linear measuring devices.

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

ATCP 92.06 Inspection procedures and equipment.

(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.

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

(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.

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.

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 Inspector hiring and training.

(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.

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 Sealing or rejecting weights and measures. 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.

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

ATCP 92.10 Record keeping and reporting.

(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.

(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.

(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.

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

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

(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.

(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.

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

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

Subchapter III — Weights and Measures Service Companies

ATCP 92.20 Weights and measures service company; license.

(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.

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

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

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

1. A basic license fee of $280.

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.

3. Reinspection fees, if any, required under s. ATCP 92.60.

(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).

(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.

(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.

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

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

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

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 Weights and measures technicians; certification.

(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.

(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).

Note: An individual operating a weights and measures service company must also be licensed under s. ATCP 92.20.

(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:

(a) The individual’s full name (first, middle, and last) and birth date.

(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).

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.

(3) Examination required.

(a) The department may not certify an individual under sub. (1) in any category under sub. (4) unless one of the following applies:

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.

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).

(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: