Scope statements
Agriculture, Trade and Consumer Protection
Subject
Commercial Weighing and Measuring Devices; Inspection Standards for Municipal Inspection Programs and Private Service Companies; License Fee Revisions.
Policy analysis
Objective of the rule. Improve statewide consistency in the application of the state's weights and measures laws by establishing uniform inspection program standards for municipal weights and measures programs and uniform standards for private service companies to use when installing, repairing and calibrating commercial weighing and measuring devices.
Increase annual license fees for private service companies and vehicle scale operators to cover the department's costs to administer the licensing programs.
Uniform Standards
DATCP enforces Wisconsin's weights and measures laws. DATCP and municipal inspectors inspect weighing and measuring devices and check commodities and price scanners to ensure that commercial devices are correct.
Municipalities with a population of 5,000 or more must establish their own weights and measures departments or must contract with DATCP to furnish weights and measures services. Currently, 18 municipalities operate their own weights and measures programs and 102 municipalities contract with DATCP for inspection services.
In addition, there are private service companies licensed by the department that install, service, test and calibrate commercial weighing and measuring devices. Currently, the department licenses 290 private service companies in the state.
Although these three different entities (DATCP, municipalities and private service companies) all apply state weights and measures laws, there are few uniform standards or procedures governing the activities of municipal inspection programs and private service companies. The absence of uniform procedures and standards causes inconsistent inspection results, which harms consumers and competing businesses.
DATCP proposes to establish uniform weights and measures standards and procedures by rule, including:
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Uniform procedures for installing, servicing, calibrating and testing commercial weighing and measuring devices.
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Uniform sealing requirements.
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Uniform program standards for inspecting commodities and price scanners.
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Uniform record-keeping and reporting requirements.
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Periodic audits and evaluations of municipal programs.
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Certification of private service company technicians.
License Fees for Private Service Companies and Vehicle Scale Operators
DATCP licenses 290 private service companies and 2,047 vehicle scales. The cost of the license fees is set by state law as follows: (a) For private service companies that service only their own weighing and measuring devices, the license fee costs $100.00 per year. For private service companies that service weighing and measuring devices for other companies, the license fee costs $200.00 per year plus $50.00 per year for each additional business location. (b) Vehicle scale operators must license each scale the company operates. The license costs $60.00 per year for each scale.
These statutory fees were established in 1997 and have not changed since that time, although the statutes specifically authorize the department to establish different fees by rule. The department needs to increase the license fees for private service companies and vehicle scale operators to maintain the current level of program operations and to cover the costs of administering these two licensing programs.
Policy alternatives
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Do nothing. This will perpetuate inconsistent application of state weights and measures laws and will not provide sufficient funds to maintain current program operations. Lack of uniformity in applying the laws hurts consumers and competing businesses.
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Allow each municipality and private service company to establish its own testing and inspection standards. This will also encourage inconsistent application of state weights and measures laws and will harm consumers and competing businesses.
Statutory authority
Staff time required
DATCP estimates that it will use approximately .5 FTE staff time to develop this rule. This includes researching, drafting, preparing related documents, holding public hearings, coordinating advisory group discussions, and communicating with affected persons and groups. DATCP plans to develop this rule in consultation with municipalities, private service companies and other affected groups. DATCP will assign existing staff to develop this rule.
DATCP Board authorization
The Board previously authorized DATCP to begin drafting a rule on most of these issues, but the department needs Board approval of this revised scope statement to permit the department to include fee increases in the rule-making process.
The DATCP Board may not approve this revised scope statement sooner than 10 days after this revised scope statement is published in the Wisconsin Administrative Register. If the DATCP Board takes no action on the revised scope statement within 30 days after the department presents the revised scope statement to the Board at a Board meeting, the revised scope statement is deemed to be approved. Before the department holds public hearings on this rule, the DATCP Board must approve the hearing draft. The Board must also approve the final draft rule before the department adopts the rule.
Commerce
Subject
Fees and certifications relating to storage tanks for flammable, combustible and hazardous liquids.
Policy analysis
Objective of the rule. The purpose of ch.
Comm 2 - Fee Schedule, is to set fees at a level that complies with s.
101.19, Stats., which requires the department to fix and collect fees which, as closely as possible, equal the cost of providing services.
The purpose of ch.
Comm 5 - Licenses, Certifications and Registrations, is to establish minimum standards for the qualifications and responsibilities of persons or businesses that are required or allowed to obtain credentials under chs.
101,
145 and
167, Stats.
The purpose of the rule revision is to revise and simplify the fee schedule for storage tank plan review contained in ch.
Comm 2 and to update the certification categories related to storage tanks in ch.
Comm 5.
2. Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives.
Section
Comm 2.43, Table 2.43, which fixes fees for plan examination and inspection of storage tanks, has not been completely revised since 1992. Since that time, the cost of providing plan review and inspection services has increased. Also, the table is set up in a tier system that many customers find confusing. As a result, they often overpay which requires the department to issue refunds.
In ch.
Comm 5, the department intends to modify a requirement for the certification of site assessors and add a requirement for the certification of corrosion protection testers.
The only policy alternative available would be to do nothing and leave the code as it is. This would result in revenues falling progressively further behind the cost of providing services. The department would also continue to administer a less important credential and exercise no oversight over a more essential phase of groundwater protection.
Statutory authority
Sections. 101.02 (1) and (15), 101.09 (3), 101.12, and 101.19 (1), Stats.
Staff time required
The time to make the changes will entail developing and publishing the scope statement, developing the rule draft, adding the changes to the ch.
Comm 10 project that is currently underway and making any additional changes as a result of public hearings.
Estimated Commerce staff hours: 40
Controlled Substances Board
Subject
Classify as a schedule IV controlled substance under state law dichloralphenazone, which has been classified as a schedule IV controlled substance under federal law.
Policy analysis
Objective of the rule. By final rule of the Drug Enforcement Administration (DEA), adopted effective August 16, 2001, dichloralphenazone was classified as a schedule IV controlled substance under the federal Controlled Substances Act (CSA). Dichloralphenazone has not been so scheduled under the Wisconsin Controlled Substances Act in Chapter
961, Stats. The objective of the rule is to bring the treatment of this drug into conformity with that at the federal level.
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use. Health care providers are also subject to greater record keeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addition and adverse consequences to patient health if utilized inappropriately, than do other drugs. The DEA administers the CSA. In doing so, it is empowered to schedule a drug as a controlled substance. Schedule IV controlled substances are listed in
21 CFR 1308.14. Section 1308.14 (c) lists chloral hydrate as a depressant. The first sentence of
21 CFR 1308.14 (c) states that the category of schedule IV depressants includes “any material, compound, mixture, or preparation which contains any quantity of" the substances listed in the section. Since dichloralphenazone is a compound containing chloral hydrate, it is likewise a schedule IV depressant. This forms basis for the DEA action.
Statutory authority
Staff time required
