•Establishes uniform weights and measures inspection procedures, to promote uniform statewide application of weights and measures laws. The uniform procedures apply to state and municipal weights and measures programs. The uniform procedures are based on standards developed by the National Institute of Standards and Technology (NIST).
•Requires state inspectors, municipal inspectors and private service companies to use testing equipment and weight standards that comply with NIST specifications, tolerances and regulations.
•Requires municipal inspectors to attend training on NIST procedures and related subjects.
•Clarifies licensing requirements for private weights and measures service companies, and increases annual license fees.
•Increases annual license fees for vehicle scale operators.
•Establishes a technician certification program for technicians employed by private weights and measures service companies. Technicians must pass an open-book examination developed by the Central Weights and Measures Association. There is an examination fee of $25.
State and Municipal Programs
DATCP enforces state weights and measures laws. Under s.
98.04, Stats., municipalities with a population of more than 5,000 must establish their own programs or contract with DATCP for weights and measures services. Currently, 18 municipalities have their own programs.
This rule establishes minimum standards for state and municipal weights and measures programs, in order to ensure reasonable statewide uniformity. This rule includes the following new requirements:
•Uniform Inspection Procedures. Under this rule, state and municipal programs must inspect packaged commodities, liquid measuring devices, scales, pricing systems, timing devices and linear measuring devices. (Currently, some municipal programs do not perform some of these inspections.) State and municipal inspectors must follow uniform testing and sampling procedures spelled out in state law and applicable NIST handbooks.
•Inspection Equipment. This rule requires inspectors to use test equipment and weight standards that meet NIST requirements. DATCP or a NIST-certified laboratory must test and certify test equipment and weight standards at least once every 2 years. DATCP may set a different testing interval for specialized equipment or weight standards.
•Training Requirement. Under this rule, state and municipal inspectors must participate in DATCP-sponsored training to stay current with changing weights and measures standards and procedures.
•Sealing Procedure. This rule clarifies the procedure for “sealing" a weighing or measuring device after the device is inspected.
•Reporting Requirements. This rule clarifies current municipal reporting requirements. Municipalities are currently required to submit annual reports to DATCP. DATCP uses these reports to help identify weights and measures compliance problems, priorities and program needs.
Weights and Measures Service Companies
DATCP currently licenses weights and measures service companies under s.
98.18, Stats. This rule increases license fees and establishes minimum licensing standards.
•License Required
This rule clarifies that a weights and measures service company must hold a DATCP license to install, service, test or calibrate commercial weighing or measuring devices.
A service company must apply for a license and pay required fees, according to this rule. DATCP may deny, suspend or revoke a license for reasons specified in this rule.
• License Fee
Under current law, weights and measures service companies pay the following annual license fees:
- $100 for companies that service only their own commercial weighing and measuring devices.
- $200 for companies that service weighing and measuring devices “for hire." A “for hire" company must also pay a supplementary license fee of $50 for each additional business location, if the company operates from more than one location.
This rule increases license fees for service companies. This rule establishes an annual fee of $250 for every company. A “for hire" service company must pay a supplementary fee of $75 for each additional business location, if the company operates from more than one location.
•Technician Certification
This rule creates a certification program for weights and measures service technicians. A weights and measures service company is responsible for having its technicians certified. Under this rule, a technician may not do any of the following unless the technician is certified:
- Restore to service a weighing or measuring device rejected by a state or municipal inspector.
- Place a new commercial weighing or measuring device in service.
- Verify the accuracy of a commercial weighing or measuring device.
A technician must be certified in one or more appropriate categories, based on the types of devices that the technician services. The Central Weights and Measures Association (CWMA) has developed certification exams that test a person's working knowledge of NIST standards and procedures (NIST Handbook 44) in various categories. Six midwestern states have adopted the CWMA technician certification program. Technicians who successfully complete the exam are recognized as “certified technicians" in participating states.
This rule requires certified technicians to pass the CWMA technician certification exam (or another exam approved by DATCP) in each applicable category once every 5 years. There is a $25 exam fee. The Wisconsin Department of Employment Relations, City and County Testing Unit, will administer the exam for DATCP. Exams are administered at locations statewide.
•Equipment Testing Procedures
Under this rule, weights and measures service companies must follow NIST testing procedures when they test weighing and measuring devices. Service companies must affix security seals to devices placed in service. Security seals must identify the name of the service company and technician that serviced the device.
This rule requires service companies to use testing equipment and standards that meet NIST requirements. Equipment and standards must be tested and certified at least once every 2 years by DATCP's metrology laboratory, or by a NIST-certified laboratory.
•Recordkeeping and Reporting.
Under this rule, a weights and measures service company must prepare a written report whenever the company installs, services, tests or calibrates a weighing or measuring device. The technician who does the work must prepare and sign the report. The report must include relevant information required by this rule.
Within 7 business days after it completes the work, the service company must give a copy of the report to the owner or operator of the device. If the service company restores a “rejected" device to service, the service company must also give a copy to DATCP or to the municipality that rejected the device. The service company must keep a copy of the report for at least 3 years.
•Prohibited Practices. No person who sells, installs, services, tests or calibrates a weighing or measuring device may do any of the following:
- Cause the device to be incorrect.
- Misrepresent that the device is correct.
- Misrepresent, directly or by implication, that the person has determined whether the device is correct.
- Fail to comply with this chapter or ch.
98, Stats.
- Remove any reject tag or mark applied by a state or municipal inspector unless the person first does one of the following:
* Adjusts the device to make it correct.
* Obtains express authorization from DATCP or, if the reject tag or mark was applied by a municipal inspector, from that municipality.
Vehicle Scales
DATCP currently licenses vehicle scale operators under s.
98.16, Stats. The current license fee is $60 per year per vehicle scale. This rule increases the license fee to $100 per year per vehicle scale.
Standards Incorporated by Reference
Pursuant to s.
227.21, Stats., DATCP will request permission from the attorney general and the revisor of statutes to incorporate the following standards by reference in this rule:
•The national institute of standards and technology handbook 44 (specifications, tolerances, and other technical requirements for weighing and measuring devices), 2003 edition.
•The national institute of standards and technology handbook 133 (checking the net contents of packaged goods), 2003 edition.
•Section 7 “test procedures" from the chapter titled “examination procedure for price verification," national institute of standards and technology handbook 130 (uniform laws and regulation in the areas of legal metrology and engine fuel quality), 2003 edition.
Copies of these standards are on file with DATCP, the secretary of state and the revisor of statutes.
Fiscal Estimate
Weights and measures service companies and vehicle scale operators are licensed and regulated by DATCP under Chapter
98 of the Statutes. Current law authorizes the department to adjust license fees by rule.
Currently, the department licenses an estimated 2011 vehicle scales and 208 service companies. These license fees generate an estimated $160,000 annually for DATCP's weights and measures inspection program. The proposed fee increases for vehicle scales and service companies are expected to generate an additional $97,000.
This rule also includes a requirement for certification of service company technicians, consistent with a voluntary service company technician testing program developed by the Central Weights and Measures Association. The rule imposes a $25 processing for testing and certification, and requires recertification of technicians every five years. DATCP has identified approximately 1,164 technicians employed by service companies. An estimated 800 technicians are likely to participate in the service company technician testing and certification program. The processing fee will generate about $20,000 during each five-year interval, and cover costs associated with administration and grading of the tests.
Initial Regulatory Flexibility Analysis
This rule will affect vehicle scale operators and weights and measures service companies, many of which are small businesses. The proposed fee increases for vehicle scale operators and private and “for hire" service companies are needed to ensure accurate weights and measures in this state. Testing and record keeping requirements in the rule are consistent with NIST standards and surrounding states, and considered as good business practices within the industry. The rule does not present an unreasonable burden to affected businesses.
Notice of Hearing
Hearing Date, Time and Location
Date: January 8, 2003
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by January 22, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
In this proposed rule-making order the Dentistry Examining Board amends its rules relating to dental specialties. Section 1 amends s.
DE 6.02 (4) (c) to indicate that if the American Dental Association recognizes the dental specialty the board would not need to approve it. This rule-making order would not require the board to approve every new specialty when there is one developed in the future whereby the Note would need to be amended each time there is a new specialty developed.
Section 2 deletes the Note following s.
DE 6.02 (4) (c) which states the board recognizes the following dental specialties: endodontics, oral and maxillofacial surgery, oral pathology, orthodontics, pedodontics, periodontics, prosthodontics and public health.
TEXT OF RULE
SECTION 1. DE 6.02 (4) (c) is amended to read:
DE 6.02 (4) (c) Notice of a practice as a specialist in a dental specialty unless the dentist has successfully completed a post-doctorate course approved by the commission on dental accreditation of the American dental association in a specialty recognized by the board American dental association. This limitation does not apply to a dentist who announced a limitation of practice prior to 1967.
SECTION 2. The Note following DE 6.02 (4) (c) is repealed.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Wis. Stat.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
