Sales except by units of measurement prohibited.
It is unlawful to sell or offer to sell at retail any liquefied petroleum gas except by avoirdupois weight, specified in pounds; liquid measure, specified in gallons; or vapor measure, specified in cubic feet, or such other units as may be approved by the department.
(2) Packages to bear tare weight.
When liquefied petroleum gas is sold or offered for sale at retail by weight, in portable containers, the tare weight of the container shall be plainly and conspicuously marked on the outside of the container. Tare weight shall not be construed to include the valve protecting cap, which shall be removed when weighing. It is unlawful to sell or offer or expose for sale liquefied petroleum gas in packages or containers which do not bear a statement as to tare weight as required by this section, or which packages or containers bear a false statement as to tare weight, provided packages intended to be used only once and clearly marked with the statement "not refillable" are exempt from this tare weight requirement.
(3) Refilling; credit.
When liquefied petroleum gas is sold by the package or container, either by a refilling of a container or an exchange of containers, the vendor shall give the purchaser full credit for the unused liquid remaining in a container being exchanged or refilled.
(4) Correction to temperature of volume sold. 98.245(4)(a)(a)
When liquefied petroleum gas is sold or delivered to a consumer as a liquid and by liquid measurement the volume of liquid so sold and delivered shall be corrected to a temperature of 60 degrees Fahrenheit through use of an approved volume correction factor table, or through use of a meter that is equipped with a sealed automatic compensating mechanism and that is in compliance with sub. (7)
. All sale tickets shall show the delivered gallons, the temperature at the time of delivery and the corrected gallonage, or shall state that temperature correction was automatically made.
When liquefied petroleum gas is sold or delivered to a consumer in vapor form by vapor measurement, the volume of vapor so sold and delivered shall be corrected to a temperature of 60 degrees Fahrenheit through the use of a meter that is equipped with a sealed automatic temperature compensating mechanism. This paragraph shall apply to all meters installed for use in the vapor measurement of liquefied petroleum gas in vapor form after May 24, 1978. This paragraph does not prohibit the continued use of meters previously installed without a self-sealing automatic temperature compensating mechanism, but no such meter may be continued in use after January 1, 1986, unless brought into compliance with this paragraph. Subsection (7)
does not apply to meters used to sell or deliver liquefied petroleum gas that are subject to this paragraph.
(5) Sales tickets to show quantity sold.
Sales tickets or invoices shall show the quantity of liquefied petroleum gas sold, expressed in pounds, or gallons as set forth in sub. (4)
, or cubic feet, or other unit approved by the department. When vapor meters reading in approved units other than cubic feet are used, the invoice shall clearly indicate to the purchaser a factor to convert to cubic feet.
No person may sell liquefied petroleum gas and deliver it by a vehicle equipped with a pump and meter unless the meter is equipped with a delivery ticket printer and is in compliance with sub. (7)
. Except as provided in par. (b)
, the seller shall, at the time of delivery, either provide a copy of the delivery ticket printed by the delivery ticket printer to the purchaser or leave a copy at the place of delivery. The delivery ticket shall contain all of the following information:
The meter reading showing the volume of liquefied petroleum gas delivered.
If there is a malfunction with the delivery ticket printer, the seller shall, at the time of delivery, either provide the purchaser or leave at the place of delivery the information required under par. (a)
in written form.
(7) Meters; registration; testing; fees. 98.245(7)(a)1.1.
The department shall promulgate rules to require owners to register meters that are used to measure amounts of liquefied petroleum gas the sale or delivery of which is subject to sub. (4) (a)
The owner of a meter shall pay to the department a one-time fee of $25 to register a meter under subd. 1.
The owner shall pay the fee within 60 days after the effective date of the rules promulgated under subd. 1.
, or within 60 days after the owner acquires a meter for which a registration fee has not been paid, whichever is later.
If an owner of a meter fails to comply with subd. 2.
, the department may assess the owner a fee of not more than $250 for that meter. If the owner does not pay the fee under this subdivision within 30 days after it is assessed, the department shall increase the fee by $10 for each day thereafter until the owner of the meter complies with subd. 2.
The owner of a meter required to be registered under par. (a)
shall have the meter tested annually by a meter servicing company that is licensed by the department.
A meter servicing company shall file with the department a report, for each meter, containing the results of the testing under subd. 1.
within 30 days after completing the testing.
If the department determines that a meter has not been tested within the last year, the department shall notify the owner. The owner shall have 30 days after being notified to have the meter tested.
If the owner fails to have the owner's meter tested as required under subd. 3.
, the department may assess the owner a fee of not more than $100 for that meter.
If the meter servicing company fails to file a report in compliance with subd. 2.
for a meter, the department may assess the meter servicing company a fee of up to $100 for each report.
Petroleum product sales. 98.246(1)
In this section, "petroleum products" has the meaning given under s. 168.03
Petroleum products may not be sold from a terminal or storage facility in this state on any basis other than gross volume without correction for temperature.
History: 1983 a. 251
Vehicle scales: annual testing. 98.25(1)
The owner or operator of a scale with a weighing capacity of 5,000 pounds or more used for the commercial weighing of commodities shall cause the scales to be tested and inspected annually for accuracy by an independent scale testing or service company in accordance with specifications, tolerances, standards and procedures established by the national institute of standards and technology and the department for the testing and examination of scales, using test weights approved by the department. The annual tests and inspections shall be at the expense of the owner or operator.
A scale testing or service company conducting a test under sub. (1)
shall, at the time of testing and inspection, promptly furnish to the owner or operator of the scale a report showing the results of the test and inspection with an additional copy for the department. The owner and operator of a scale which is found to be inaccurate at the time of testing shall immediately withdraw the scale from further use until necessary corrections, adjustments or repairs are made and the scale is determined to be accurate by the scale testing or service company. A copy of the report prepared by the scale testing or service company shall be filed with the department by the owner or operator of the scale within 15 days after the test and inspection has been completed. The department shall maintain a list open for public inspection of all scales tested and found to be accurate on the annual test.
No person may falsify a test or determination of the accuracy of a vehicle scale tested under sub. (1)
or file with the department a false report of a test of a vehicle scale under sub. (1)
This section does not apply to a railway scale used exclusively for the weighing of commodities on railroad track vehicles.
History: 1981 c. 20
; 1989 a. 165
Prohibited acts; penalty; injunction. 98.26(1)
A person who does any of the following acts shall forfeit not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $1,000 for a subsequent offense. A person who intentionally does any of the following acts shall be fined not more than $10,000 or imprisoned not more than 9 months or both:
Hinders, obstructs or impersonates a sealer or inspector.
Uses or has in possession for use in buying or selling any commodity or service, or sells, any incorrect weight or measure or causes a weight or measure to be incorrect.
Represents in any manner a false quantity or price in connection with the purchase or sale, or any advertising thereof, of any commodity, thing or service.
Uses or disposes of any rejected weight or measure, or commodity, or removes therefrom any official tag, seal, stamp or mark, without written authority from a sealer or inspector.
Violates any other provision of this chapter or any rules promulgated under this chapter for which no specific penalty is prescribed.
Upon application of the department or a municipality, a circuit court may grant a temporary or permanent injunction restraining any person from violating any provision of this chapter.