Ch. PT 7
S. PT 7.02 (18)
State Fair Park Board:
Ch. SFP 2
S. SFP 2.20 (2) and (3)
ERRATA
Several sections have been reprinted to correct printing errors such as dropped copy, and are indicated in the following listing:
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Ch. NR 20
S. NR 20.03 (1) (a) and (c)
Final Regulatory Flexibility Analyses
SS. WGC 13.05 (3) (a) and 13.15 (4) (c) - Relating to kennel license fees.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
2.
Agriculture, Trade & Consumer Protection
(CR 97-127)
Ch. ATCP 90 - Relating to Fair Packaging and Label Measure or Count.
Ch. ATCP 91 - Relating to Selling Commodities by Weight.
Ch. ATCP 92 - Relating to Weighing and Measuring Devices.
Summary of Final Regulatory Flexibility Analysis:
This rule relates to:
• Weighing and measuring devices.
• Fair packaging and labeling.
• Selling commodities by weight, measure or count.
This rule will modify current DATCP rules under chs. ATCP 90-92, Wis. Adm. Code.
Weighing and Measuring Devices
Current law prohibits any person from causing a weight or measure to be incorrect. This rule clarifies that a person who manufactures or distributes a weighing or measuring device causes a weight or measure to be incorrect if:
• The person knows or reasonably should know that the weighing or measuring device has a defect that may cause an incorrect weight or measure.
• The person fails to take steps, which that person is reasonably capable of taking, which would prevent the defect from causing incorrect weights or measures.
• The defective weighing or measuring device causes an incorrect weight or measure which is attributable, at least in part, to the defect.
LP Gas Labeling
Current DATCP rules spell out fair packaging and labeling requirements for consumer commodities. Among other things, a package must be labeled to show the identity of the product, the net quantity of the product, and the identity of the responsible seller.
The current rules do not adequately address the labeling of liquefied petroleum gas (LP gas) in portable cylinders. This rule establishes the following labeling requirements for LP gas sold in portable containers:
• The tare weight of each container must appear on the outside of the container.
• The net quantity of LP gas must be disclosed on a label or tag attached to the container.
• A declaration of responsibility (identifying the responsible seller) must be attached to the container or posted at the point of sale.
Testing Samples for Net Quantity
Current DATCP rules spell out the statistical sampling procedures and compliance standards which DATCP uses to determine whether packages contain the full amounts claimed on package labels. This rule modifies the current rules to conform to current standards specified by the National Institute of Standards and Technology (NIST) Handbook 133, ”Checking the Net Contents of Packaged Goods.”
Selling Commodities By Weight, Measure or Count
Under s. 98.06(1), Stats., liquid commodities must ordinarily be sold by liquid measure and nonliquid commodities must ordinarily be sold by weight. Other methods of sale are allowed if they are in general use and give accurate information as to the quantity of the commodity sold. However, DATCP rules regulate methods of sale to prevent unfair competition and deception of consumers.
Current DATCP rules spell out uniform methods of sale for certain commodities including fresh fruits, fresh vegetables, meat, poultry, seafood, cheese, bulk commodities and ready-to eat foods. This rule modifies the current rules to reflect current market practices and national standards. This rule:
• Incorporates the general requirements of s. 98.06, Stats.
• Clarifies current standards related to the sale of bulk commodities by weight.
• Gives retailers greater flexibility to sell “ready to eat” foods by weight, measure or count, at the retailer's option.
• Defines “weight” to exclude packaging materials and other extraneous materials.
• Modifies current standards related to fresh fruits, fresh vegetables, meat, poultry, seafood, cheese and pizza.
• Incorporates, without change, current statutory standards related to sales of petroleum products and motor fuel.
• Makes organizational and drafting changes to streamline and clarify the current rules.
The department does not expect this rule to have any adverse impact on small business. This rule will maintain protection for consumers while allowing small businesses greater flexibility in their methods of sale.
Summary of Comments from Legislative Committees:
The rule was referred to the legislature on March 31, 1998. The department received no comments or requests for hearings from the legislature.
Chs. Comm 122 & 128 - Physician and Health Care Provider Loan Assistance Program.
Summary of Final Regulatory Flexibility Analysis:
Although the grants are given to individual physicians and other primary health care providers, clinics use the program in order to attract and keep these providers in communities where there are provider shortages. Most of these clinics would qualify as “small businesses” and would, therefore, be indirectly assisted by these grants. No issues were raised by small business during the rulemaking process, nor were any comments received. Small businesses must have general business accounting and bookkeeping skills; however, the individual health care providers are primarily responsible for providing documentation to the Department.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Health and the Senate Committee on Health, Human Services, Aging, Corrections, veterans, and MIlitary Affairs. No comments were received.
Ch. DOC 308 - Administrative confinement of inmates.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule is not expected to impact on small businesses as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Chs. DOC 328 & 332 - Lie detector testing of probationers and parolees who are sex offenders.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule is not expected to impact on small businesses as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
S. ETF 10.12 - Withdrawal of funds invested in the Public Employe Trust Fund by a separate retirement system as permitted by s. 40.03 (1) and (2) (q), Stats.
Summary of Final Regulatory Flexibility Analysis:
The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.
Summary of Comments:
No comments were reported.
S. ETF 10.08 - Defining terminations of employment for purposes of eligibility for benefits administered by the department of Employe Trust Funds.
