ATCP 92.02 NoteNote: Devices certified under par. (b) are commonly known as “NTEP-approved” devices.
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 HistoryHistory: 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. ATCP 92.04ATCP 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(4)(4) Weighing, measuring, and price verification systems. ATCP 92.04 HistoryHistory: CR 02-141: cr. Register August 2003 No. 572, eff. 9-1-03. ATCP 92.06ATCP 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: