Municipal program components.
Inspection procedures and equipment.
Inspector hiring and training.
Sealing or rejecting weights and measures.
Recordkeeping and reporting.
Retail food establishments; weights and measures inspection fee.
Subchapter III — Weights and Measures Service Companies
Weights and measures service company; license.
Weights and measures technicians; certification.
Weights and measures service companies; test procedures and equipment.
Weights and measures service companies; reports.
Subchapter IV — Vehicle and Livestock Scales
Vehicle and livestock scales; permits, construction, and testing.
Vehicle scale; license to operate.
Subchapter V — Liquefied Petroleum Gas
Thermometer and thermometer well specifications.
Manual volume correction.
Liquified petroleum gas meter; license to operate.
Liquified petroleum gas meter; testing and reporting.
Subchapter VI — Vehicle Tank Meters
Vehicle tank meter; license to operate.
Vehicle tank meter; testing and reporting.
Subchapter VII — Reinspection Fees
Ch. ATCP 92 Note
Chapters Ag 51, 52, 115, and 120 as they existed on December 31, 1991 were repealed and a new chapter ATCP 92 was created effective January 1, 1992; Chapter Ag 52 was renumbered chapter ATCP 92 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448
In this chapter:
"Commodity" means any product or commodity that is sold, offered for sale, or held or distributed for sale in this state. "Commodity" includes a consumer commodity.
"Construction plan" means a set of detailed blueprints for the construction of a vehicle or livestock scale, including the construction of any scale pit, footings, base slabs, piers, end walls and approaches.
"Correct," as applied to a weighing or measuring device, means that the weighing or measuring device complies with this chapter and ch. 98, Stats.
"Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
"Liquefied petroleum gas meter" means a commercial meter used to measure liquefied petroleum gas sold or delivered to a consumer.
"Livestock scale" means a scale designed or used to weigh livestock, but does not include a scale which is designed to weigh only one animal at a time.
ATCP 92.01 Note
Note: A "livestock scale" may also be a "vehicle scale" if it is used to weigh vehicles that contain livestock for the purpose of weighing the livestock.
"Load receiving element" means that portion of a scale, such as a scale platform or deck, which receives the load to be weighed.
"Person" means an individual, corporation, partnership, cooperative association, limited liability company, or other legal organization or entity.
"Pit neck" means that part of a scale pit, usually an extension of a scale pit wall, which encloses the end of the transverse lever of a lever–type weighing element, and which supports the indicating element.
"Portable vehicle scale" means any self-contained vehicle scale that is all of the following:
Designed and engineered by the original manufacturer to measure weight accurately when used without a permanent concrete foundation or approach ramp.
Equipped with lifting and positioning mechanisms that are built into the structure of the scale frame.
"Vehicle scale" means a scale designed or used to weigh loaded or unloaded highway, farm, or industrial vehicles, and includes above-ground scales, dump scales, and portable scales. "Vehicle scale" does not include a railway scale used exclusively for the weighing of commodities on railroad track vehicles.
"Vehicle tank meter" has the meaning given in s. 98.224 (1)
, Stats. A "vehicle tank" meter does not include a liquefied petroleum gas meter.
"Weighing element" means that portion of a scale that supports the load–receiving element and transmits to the indicating element a signal or force resulting from the load applied to the load–receiving element.
"Weighing or measuring device" means any device used to determine the weight or measure of a commodity, for commercial purposes. "Weighing or measuring device" includes a scale, meter, measuring device or timing device that affects the determination of weight or measure.
ATCP 92.01 History
Cr. Register, December, 1991, No. 432
, eff. 1–1–92; cr. (11m), am. (14), Register, December, 1995, No. 480
, eff. 1-1-96; CR 01-028
: r. (1), (6) to (9) and (12) and renum. (2) to (5), (10), (11), (11m), and (13) to (15) to be (1) to (10), Register September 2001 No. 549
, eff. 10-1-01; CR 02-141
: renum. (1) to be (1e), cr. (1), (1m), (1s), (2g), (2r), (11) to (13), am. (5), r. (8) Register August 2003 No. 572
, eff. 9-1-03; CR 09-105
: renum. (1e), (1m), (1s), (2), (2g), (2r), (4), (5), (6), (7), (10), (11), (12), (13) to be (2), (3), (4), (5), (6), (7), (10), (11), (12), (13), (17), (18), (19), (20), renum. (3), (9) to be (9), (15) and am., cr. (8), (14), (16) Register December 2010 No. 660
, eff. 1-1-11.
Weighing and measuring devices; general requirements. ATCP 92.02(1)(1)
Except as provided in this chapter, weighing and measuring devices shall comply with applicable specifications, tolerances and other technical requirements set forth in the national institute of standards and technology handbook 44 (specifications, tolerances and other technical requirements for weighing and measuring devices), 2011 edition.
ATCP 92.02 Note
See s. 98.03 (2)
, Stats. The current edition of the National Institute of Standards and Technology Handbook 44 (Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices) is 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.
Except as provided in sub. (3)
, no person may sell, offer for sale, use or distribute for use in this state a weighing or measuring device unless the device is a type or model certified by one of the following:
The chief of the office of weights and measures of the national institute of standards and technology.
The national type evaluation program administered by the National Conference on Weights and Measures.
ATCP 92.02 Note
Note: Devices certified under par. (b) are commonly known as "NTEP-approved" devices.
A commercial weighing or measuring device that is first put into use in this state before January 1, 1997.
A commercial weighing or measuring device that is designed, built or customized for a specific application at a single location.
A commercial weighing or measuring device for which neither the national institute of standards and technology 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 national institute of standards and technology 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.
A commercial weighing or measuring device is no longer considered a type or model certified under sub. (2)
if any of the following applies:
Parts or components of a type specifically certified under sub. (2)
are replaced with parts or components not certified under sub. (2)
The device is repaired or remanufactured with parts or components that are inconsistent with the manufacturer's metrological design.
The repair or remanufacture of the device causes the device to be in violation of any applicable standard under sub. (1)
No person may misrepresent that a weighing or measuring device is a type or model certified under sub. (2)
No person may cause a weight or measure to be incorrect.
A person who manufactures or distributes a commercial weighing or measuring device violates sub. (6)
if all of the following apply:
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.
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.
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
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.
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
Weighing, measuring and price verification systems.