Analysis and Supporting Documents used to Determine Effect on Small Business in Preparation of an Economic Impact Analysis
Not applicable. NIST Handbooks are available online at no cost. Also, no major changes within the NIST Handbooks themselves over the past five years have required major costs for businesses.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
A complete regulatory flexibility analysis is attached.
The department’s Regulatory Review Coordinator may be contacted by:
Telephone at (608) 224-5024
Standards Incorporated by Reference
This rule incorporates by reference the 2023 editions of relevant NIST Handbooks. As required by Wis. Stat. ch. 227, consent will be received from the Attorney General to incorporate these standards by reference after the public hearings and prior to seeking the Governor’s assent to the final draft rule. A copy of these documents will be kept on file with the department and with the Legislative Reference Bureau. Department Contact
David A. Woldseth
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164
Where Comments May Be Submitted
David A. Woldseth
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164
After the final hearing, the department will accept written comments for an additional two weeks.
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RULE TEXT
Section 1. ATCP 90.01 (15g) and (Note) are amended to read:
(15g) “NIST Handbook 44" means NIST Handbook 44, (2018 2023 edition,) published by the National Institute of Standards and Technology, United States department of commerce.
Note: Copies of NIST Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, (2018 2023 edition,) are on file with the department and the legislative reference bureau. Copies may be obtained from the U.S. Government Printing Office, Stop SSOP, Washington, D.C. 20102-0001, website: www.nist.gov online at https://www.nist.gov/pml/owm/publications/nist-handbooks. Section 2. ATCP 90.01 (15r) and (Note) are amended to read:
(15r) “NIST Handbook 133" means NIST Handbook 133, (2018 2023 edition,) published by the National Institute of Standards and Technology, United States department of commerce.
Note: Copies of NIST Handbook 133, Checking the Net Contents of Packaged Goods, (2018 2023 edition,) are on file with the department and the legislative reference bureau. Copies may be obtained from the U.S. Government Printing Office, Stop SSOP, Washington, D.C. 20102-0001, website: www.nist.gov online at https://www.nist.gov/pml/owm/publications/nist-handbooks. Section 3. ATCP 90.01 (19) is amended to read:
(19) “Principal display panel” means that part of a package which is most likely to be displayed to, or examined by, a consumer under normal conditions of retail sale. If a package includes more than one principal display panel, “principal display panel” includes each of those panels. If a package is cylindrical in shape, “principal display panel” means that 40% percent of the cylinder circumference that is most likely to be displayed or presented to a consumer under normal conditions of sale.
Section 4. ATCP 90.01 (26) and (Note) are amended to read:
(26) “Unreasonable shortage” means a shortage that exceeds the maximum allowable variation specified for a commodity in the NIST Handbook 133.
Note: A copy of the national institute of standards and technology handbook NIST Handbook 133, Checking the Net Contents of Packaged Goods, 2023 edition, is on file with the department, the secretary of state and the legislative reference bureau. Copies may be obtained online at https://www.nist.gov/pml/owm/publications/nist-handbooks. Section 5. ATCP 90.04 (7) (e), (f), and (g) are amended to read:
(e) Cubic centimeter cm33
(f) Cubic decimeter dm33
(g) Cubic meter m33
Section 6. ATCP 90.04 (7) (t) is amended to read:
(t) Micrometer µm
Section 7. ATCP 90.07 (2) is amended to read:
(2) LOCATION AND POSITION. (a) General. A declaration of net quantity shall appear in the bottom 30% percent of the principal display panel, except that the declaration may appear elsewhere on the principal display panel if the panel area is 32 cm2 (5 in2) or less. The declaration of net quantity shall be generally parallel to the base on which the package is designed to rest when displayed.
(b) Spot label or header label. If all of the required declarations under ss. ATCP 90.02 to 90.04 are contained on a spot label or header label, the declaration of net quantity may appear on the lower 30% percent of the spot label or header label, rather than on the lower 30% percent of the principal display panel. Section 8. ATCP 90.07 (7) (a) 2. and 4. are amended to read:
2. For a cylindrical package, the area is 40% percent of the package height multiplied by the package circumference.
4. Except as provided under subds. 1. to 3., the area is 40% percent of the total area of the package surface, including package tops and bottoms, flanges at the tops and bottoms of cans, and the shoulders and necks of bottles or jars.
Section 9. ATCP 90.08 (10) (g) and (h) are amended to read:
(g) Towels and related items. The declaration of quantity for rectangular dish towels, dish cloths, dishcloths, bath towels, face cloths, facecloths, utility cloths, bath mats, and related items shall state, in centimeters or inches, the length and width of the item if the item is woven. If the item is knitted, its dimensions need not be stated.
(h) Non-rectangular and irregular items. 1. The declaration of quantity for textile products such as pot holders, fixture and appliance covers, slip covers, and non-rectangular diapers shall be stated in terms of count and may include size designations and dimensions.
2. The declaration of quantity for non-rectangular textile products of the types identified under pars. (a) to (g) shall state the geometric shape of the product and the dimensions that are customarily used in describing that geometric shape. Dimensions may be stated in metric or inch−pound units corresponding to those specified under pars. (a) to (g).
Section 10. ATCP 90.08 (12) (a) is amended to read:
(12) PACKAGED SEED. (a) Declaration of quantity; location on small packages. Notwithstanding s. ATCP 90.07 (2), the declaration of net quantity on a package of seed intended for planting shall appear in the upper 30% percent of the principal display panel if the net weight of package contents is 7 grams (1/4 ounce) or less. Section 11. ATCP 90.08 (14) (a) 2. (Note) is amended to read:
Section 12. ATCP 90.08 (16) (b) is amended to read:
(b) Corn flour and corn meal cornmeal. If corn flour or corn meal cornmeal is packaged in units of 5, 10, 25, 50, or 100 pounds, the net quantity declaration need not comply with the location requirement under s. ATCP 90.07 (2). Section 13. ATCP 90.09 (2) (a) is amended to read:
(2) ENFORCEMENT SAMPLE AND INSPECTION LOT. (a) The department or a municipal sealer may determine the net contents of packaged commodities in an inspection lot based on an enforcement sample collected from that inspection lot. The enforcement sample shall be collected, tested, and analyzed according to applicable provisions of the NIST Handbook 133. Unless otherwise specified by NIST Handbook 133, the inspection lot shall be determined according to par. (b).
Section 14. ATCP 90.09 (2) (c) (Note) is amended to read:
Section 15. ATCP 90.09 (4) (a) is amended to read:
(4) UNREASONABLE SHORTAGES; ORDER PROHIBITING SALE. (a) If, in any enforcement sample under sub. (2) (a), the number of unreasonable shortages in individual packages exceeds the number specified for an enforcement sample of that size in the NIST Handbook 133, the department or a municipal sealer shall issue an order prohibiting the sale of the entire inspection lot from which that enforcement sample is collected.
Section 16. ATCP 90.10 (2) (Note 2) is repealed.
Section 17. ATCP 91 (Title) is amended to read: SELLING COMMODITIES BY WEIGHT, MEASURE, OR COUNT.
Section 18. ATCP 91.01 (4) and (Note) are amended to read:
(4) “NIST Handbook 130" means NIST Handbook 130, (2018 2023 edition,)published by the National Institute of Standards and Technology, United States department of commerce.
Note: Copies of NIST Handbook 130, Uniform Laws and Regulatons in the areas of legal metrology and fuel quality, (2018 2023 edition,)are on file with the department and the legislative reference bureau. Copies may be obtained from the U.S. Government Printing Office, Stop SSOP, Washington, D.C. 20102-0001, or at www.nist.gov. online at https://www.nist.gov/pml/owm/publications/nist-handbooks. Section 19. ATCP 91.03 (1) (e) is amended to read:
