○ A placard stating the guaranteed minimum individual weight of the individual commodity units displayed for sale is conspicuously posted at the display location.
◯ The weight of a bulk or unpackaged commodity sold by weight may not include the weight of the containers or wrappers, if any, in which those commodities are sold.
◯ Whenever a bulk commodity sold by weight is delivered by vehicle to an individual purchaser, the bulk delivery must comply with s. 98.22, Stats. Under s. 98.22, the seller must provide the purchaser with a delivery ticket that shows the seller's name and address, the name and address of the purchaser, the net weight of the delivery in pounds, and the gross and tare weights of the delivery if gross and tare weights are used in determining the net weight.
Fresh Fruits and Vegetables
Under current rules, fresh fruits and vegetables must be sold by weight unless exemptions authorize other methods of sale. The current rules exempt 29 fruits or vegetables that may be sold by weight or count, 15 that may be sold by weight or “bunch,” 11 that may be sold by weight or specified dry measure (e.g., berries sold by 1/2 pint, pint or quart), and 2 that may be sold by weight, count or specified dry measure.
This rule modifies the current exemptions, adding or deleting certain fruits or vegetables in each exemption category. Under this rule, 36 fruits or vegetables may be sold by weight or count, 18 may be sold by weight or “bunch,” 9 may be sold by weight or specified dry measure, and 4 may be sold by weight, count or specified dry measure.
Meat, Poultry and Cheese
Under current rules, meat, poultry, cheese, and foods made from meat, poultry or cheese must ordinarily be sold by weight. This rule maintains the current requirement, but creates an exemption for certain “ready to eat” foods. This rule also provides that the declared weight of cheese coated with wax may not include the weight of the wax.
Seafood
Under current rules, seafood and seafood products must ordinarily be sold by weight, except that current rules authorize different methods of sale for mollusks, live fish and live shellfish. This rule maintains the current requirements, with minor modifications. This rule also creates an exemption for certain “ready to eat” foods.
Pizza
This rule clarifies that pizza must be sold by weight, except that “made to order” pizzas may be sold by weight or count.
Ready-to-Eat Foods
Supermarkets and convenience stores are currently offering more restaurant-style or “ready-to-eat” foods for consumption on or off the premises. Current rules unnecessarily restrict the methods by which many of these foods may be sold (e.g., by requiring weight declarations on restaurant-style foods which the consumer does not expect to purchase by weight).
In recognition of current market trends, this rule gives retailers greater flexibility to sell certain “ready-to-eat” foods by weight, measure or count. Under this rule, for example, a grocery store could sell individual “ready to eat” sandwiches or salads without having to weigh them. The grocery store could sell these items by count -- e.g., $2.00 per sandwich, or $1.50 per individual salad. This treatment of “ready-to-eat” foods is consistent with allowed methods of sale in restaurants.
Under this rule, “ready-to-eat” food means food which is sold for immediate consumption without further washing, heating, thawing or other preparation. “Ready-to-eat food” does not include any of the following:
u Raw fruits or vegetables, except when sold as part of a ready-to-eat meal.
u Sliced meat or poultry, or other sliced luncheon products, except when sold as part of a ready-to-eat meal.
u Cheese, except when sold as part of a ready-to-eat meal.
u Candy or snack foods, except when sold as part of a ready-to-eat meal.
u Beverages in hermetically sealed containers.
Under this rule, the following foods may be sold by weight, measure or count (at the seller's option):
Ô Foods sold for immediate consumption on the premises where sold.
Ô Ready-to-eat foods sold from bulk.
Ô Ready-to-eat foods in single-serving packages that are sold as part of a meal.
This rule prohibits any person from misrepresenting the weight, measure or count of any ready-to-eat food. Weight declarations for cooked ready-to-eat foods are considered declarations of cooked weight unless they are identified as declarations of precooked weight.
Fiscal Estimate
Assumptions Used in Arriving at Fiscal Estimate
The proposed amendments alter the existing packaging and labeling and methods of sale rules for some commodities and expand the scope of the code to cover a number of commodities not discussed in the existing rules.
The proposed regulations affect enforcement activities in which the Trade and Consumer Protection Division's Weights and Measures staff are already engaged. Therefore no fiscal effect is estimated.
Under Chapter 98, Wisconsin Statutes, each municipality of more than 5,000 is charged with enforcing weights and measures laws within their respective jurisdictions. To the extent that these municipalities are enforcing chs. ATCP 90, ATCP 91, and ATCP 92, there should be no fiscal effect on them, as the amendments impose no additional responsibilities. The adoption of the proposed rule revisions will have no state or local fiscal effect.
Initial Regulatory Flexibility Analysis
Proposed chs. ATCP 90, ATCP 91, and ATCP 92, Wis. Adm. Code (Fair Packaging and Labeling, Methods of Sale of Commodities, Weighing and Measuring Devices)
The Department's proposed rule amendments will have an impact on some retailers of various commodities. Many of these retailers are small businesses, as defined by s. 227.114 (1) (a), Stats.
In the area of marketing fruits and vegetables, the proposals increase the number of fruits and vegetables which can be sold by count rather than weight. And pizza, made to order for the customer, may be sold by weight or count under the new rules. As a result, some small businesses that might have had to buy and use scales under the current rules will not have to under the proposed rules, thereby decreasing their costs.
In the area of ready-to-eat foods, the proposals decrease the number of commodities that must be sold by weight, once again decreasing the costs of doing business for retailers of these products.
The proposed creation of packaging and labeling requirements on liquefied petroleum gas in portable cylinders should have little impact, since these standards have already been in existence in the marketplace for some time.
The remaining provisions of the proposed amendments to chs. ATCP 90, ATCP 91, and ATCP 92 should have no significant effect on small business.
The Division anticipates a period of education and information to assist business in compliance with the new revisions.
The essence of the three rules and the proposed amendments is to protect the consumer from unfair trade practices while also providing a level playing field for good businesses to prosper. The revisions do not create additional financial burdens and therefore are not expected to have an adverse impact on small business.
Notice of Public Hearings
Natural Resources
(Environmental Protection--
Air Pollution Control, Chs. NR 400--)
Notice is hereby given that pursuant to ss. 227.11 (2) (a), 285.11 (1) and 285.30 (2), Stats., interpreting ss. 285.11 (6) and 285.30 (2), Stats., the Department of Natural Resources will hold public hearings on revisions to Tables 1 and 3 of s. NR 485.04, Wis. Adm. Code, relating to emission limitations for motor vehicles.
Analysis
These limitations are used in the state's motor vehicle emission inspection and maintenance (I/M) program, which is operating in seven southeastern Wisconsin counties (Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha).
Under the current rule, the final phase of motor vehicle emission limitations is scheduled to go into effect on December 1, 1997. Currently, less restrictive limitations are in effect through November 30, 1997. The proposed rule will relax the current rule's final phase of motor vehicle emission limitations for certain categories of 1986 and earlier model year vehicles. The proposed rule will also postpone by one year the effective date for the current rule's final phase of motor vehicle emission limitations for other 1990 and older model year vehicles subject to the I/M program. Finally, the proposed rule will add a new set of fast-pass emission limitations which will apply to some model year 1994 and newer vehicles.
Fiscal Estimate
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Any small business in southeastern Wisconsin which owns or repairs motor vehicles subject to the I/M program.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code; however, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. The environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
Notice is hereby further given that the hearings will be held on:
November 11, 1997 Council Chambers
Tuesday Sheboygan City Hall
at 1:00 p.m. 828 Center Ave.
SHEBOYGAN, WI
November 12, 1997 Education Center
Wednesday Havenswoods State Forest
at 10:30 a.m. 6141 N. Hopkins
MILWAUKEE, WI
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Christopher Bovee at (608) 266-5542 with specific information on your request at least 10 days before the date of the scheduled hearings.
Written Comments
Written comments on the proposed rule may be submitted to:
Mr. Christopher Bovee
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
Written comments must be received no later than November 24, 1997, and will have the same weight and effect as oral statements presented at the hearings.
Copies of Rule and Fiscal Estimate
A copy of proposed rule No. [AM-29-97] and its fiscal estimate may be obtained from:
Proposed Rules
Phone: (608) 266-7718
FAX: (608) 267-0560
Bureau of Air Management
P.O. Box 7921
Madison, WI 53707
