Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the December 31, 2009, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
Rule revising Chapter
ATCP 91, relating to method of sale of commodities, including method of sale by weight, measure or count. Effective 1-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule changes current rules, which regulate methods of sale of commodities (including required methods of sale by weight, measure or count), to make them consistent with standards published by the National Institute of Standards and Technology (“NIST") and adopted by 45 other states. This rule also updates and clarifies current rule coverage.
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.
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.
DATCP has not incorporated a small business enforcement policy in this rule. 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. While this rule does add some new standards to current rules, those standards are based on NIST standards with which most affected businesses are already complying.
Summary of Comments by Legislative Review Committees
On August 13, 2009, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection and to the Assembly Committee on Agriculture. The Senate Committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection did not hold a hearing and took no action. The Assembly Committee on Agriculture did not hold a hearing and also took no action.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Rule revising section
A-E 6.03, relating to land surveying experience. Effective 1-1-10.
Summary of Final Regulatory Flexibility Analysis
This citation correction of the rule will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Rule creating Chapter
A-E 10, relating to continuing education for land surveyors. Effective 1-1-10.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
