NIST has published model method-of-sale standards, which are designed to promote reasonable and uniform standards between the states. However, the NIST standards do not have the force of law unless adopted by the states. At least 45 states have adopted some or all of the NIST standards.
Current DATCP rules are, in some respects, inconsistent with NIST. The Wisconsin statutes also include some requirements that differ from NIST. Within statutory limits, this rule modifies current DATCP rules (ATCP 91) to make them more consistent with NIST. This rule also makes non-substantive changes to reorganize and clarify current rules.
Rule content
Standards for Specific Commodities
NIST has published specific method-of-sale standards for certain commodities (these standards typically address consumer protection or fair competition issues that have arisen in connection with those particular commodities). This rule incorporates current NIST standards for the following commodities (subject, in some cases, to exceptions required by Wisconsin law):
Food products
• Meat, poultry, fish and seafood.
• Dairy products.
• Fresh fruits and vegetables.
• Butter, margarine and like spreads.
• Flour, corn meal and like products.
• Pickles and pickle relish.
Non-food products
• Fence wire.
• Coatings.
• Fireplace and stove wood.
• Peat and peat moss.
• Prefabricated utility buildings.
• Roofing and roofing material.
• Sealants.
• Sod and turf.
• Softwood lumber.
• Carpet.
• Hardwood lumber (retail)
• Polyethylene products.
• Insulation.
• Precious metals.
• Mulch.
• Liquefied petroleum gas.
• Liquid oxygen for respiration.
• Animal bedding.
• Wiping cloths.
• Baler twine.
• Potpourri.
• Communication paper.
• Bulk sand, rock, gravel and stone.
General Standards
This rule incorporates the following general NIST standards (or makes DATCP rules more consistent with those NIST standards):
• Price declarations for food commodities sold from bulk by weight (must be shown per whole unit, not fractional unit, of weight).
• Price presentation (showing fractions of a cent).
• Combination quantity declarations.
• Vending machine labeling.
• Railroad car tare weights.
Comparison with federal regulations
States have the primary responsibility for regulating methods of sale of commodities. The federal government (NIST) has published model method-of-sale standards, to promote effective state regulation and interstate uniformity. But those standards are not legally binding unless adopted by the states.
Comparison with rules in adjacent states
All surrounding states have adopted the NIST standards that DATCP proposes to adopt in this rule.
Standards incorporated by reference
This rule incorporates, by reference, standards contained in
NIST Handbook 130 (2009 edition), published by the national institute of standards and technology, United States department of commerce. Pursuant to s.
227.21, Stats., DATCP has requested permission from the Wisconsin Department of Justice to incorporate the standards by reference in this rule. Copies of the standards will be kept on file with DATCP and the Legislative Reference Bureau.
Summary of factual data and analytical methodologies
This rule is based on standards published by NIST, and are based on NIST data and analytical methodologies.
Small Business Impact
This rule will benefit businesses that sell commodities in more than one state, because it incorporates many of the NIST model standards and thus makes Wisconsin standards more consistent with standards used in 45 other states. This rule also reorganizes and clarifies current rules, so they will be easier to read and understand.
This rule adds some new standards to current rules. However, those standards are based on NIST standards with which most affected businesses are already complying. This rule will not have any significant adverse impact on small business or other affected businesses.
Fiscal Estimate
This rule will have no significant fiscal impact on DATCP or local units of government.
Notice of Hearings
Corrections
NOTICE IS HEREBY GIVEN that pursuant to section
227.11 (2), Stats., the Department of Corrections will hold public hearings to consider repealing and recreating Chapter
DOC 346, relating to secure detention facilities and juvenile portions of a county jail.
Hearing Information
Date and Time Location
June 26, 2009 Conference Room 5 (3rd Floor)
9:30 a.m. Portage County Annex
1462 Strongs Avenue
Stevens Point, Wisconsin 54481
June 26, 2009 Conference Room 1M-B (1st Floor)
2:00 p.m. Department of Corrections
3099 East Washington Avenue
Madison, Wisconsin 53704
The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, email: kathryn.anderson@ wisconsin.gov, telephone (608) 240-5049 by June 19, 2009.
Appearances at the Hearings and Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received by Friday, July 10, 2009. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email
kathryn.anderson@wisconsin.gov.
Copies of Proposed Rule
The proposed rule and an analysis of the proposed rule are available on the Internet at the Department of Corrections Web site at
www.wi-doc.com . Paper copies may be obtained without cost from Kathryn R. Anderson, at the Department of Corrections, P.O. Box 7925, Madison, WI 53707-7925, or by email at
kathryn.anderson@wisconsin.gov, or by telephone (608) 240-5049. Copies will also be available at the public hearing.
Analysis Prepared by Department of Corrections
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department of Corrections is responsible for establishing standards for and inspecting juvenile detention facilities and juvenile portions of a county jail.
Related statute or rule
Plain language analysis
The rule:
1.
Reorganizes and renumbers the existing chapter DOC 346.
2. Updates citations to include references to chapter 938, Wis. Stats.
3.
Updates citation to the federal Juvenile Justice and Delinquency Prevention Act,
42 USC 5601 to
5761, and its regulations, 28 CRF Part 31, to indicate Wisconsin's compliance with the current version of the act and regulations.
