• 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.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule itself does not directly affect small businesses as defined in s. 227.114 (1), Stats.
Summary of Comments:
No comments were reported.
S. ETF 10.65 - Department of Employe Trust Funds refunding contributions to the Wisconsin Retirement System that exceeds the contributions limits set forth in the internal revenue code and the Wisconsin Statutes.
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 10.79 - Department of Employe Trust Funds procedures for locating missing participants and transferring the balances of abandoned accounts to the annuity reserve.
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. NR 20.13 - Ice fishing shelters on the Fox River.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules do not regulate small businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Environmental Resources Committee. There were no comments.
Ch. NR 149 - Laboratory certification and registration.
Summary of Final Regulatory Flexibility Analysis:
Approximately 29 of the 550 regulated laboratories would fit the definition of “small business”. Many of the proposed changes are routine clarifications of the code and will not create new requirements. However, the proposed fee changes, reference sample changes and test category changes may have an effect on small businesses. The proposed rule does not require any new reports to be submitted by small businesses. As in the past, laboratories will need to submit reference sample results for renewal and corrective action reports when they fail reference samples. The cost of preparing these reports depends on the number of analytes included in the reference sample study and the laboratory's capabilities.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources committee and the Senate Agriculture and Environmental Resources Committee. There were no comments.
12.
Physical Therapists Affiliated Credentialing Board
(CR 97-133)
Chs. PT 1-4, 6 & 8 - Application requirements, examinations, temporary licenses, unprofessional conduct and biennial license renewals of physical therapists.
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.
13.
Wisconsin State Fair Park
(CR 98-3)
Chs. SFP 2 & 7 - Ages at state fair park and the state fair park bond schedule.
Summary of Final Regulatory Flexibility Analysis:
This rule proposal has minimal effect on small businesses in Wisconsin. To the extent that it does effect small businesses, it grants them additional rights without imposing any additional costs.
This rule changes several references in SFP rules from 18 years of age to 17 years of age. This means that if something was previously prohibited for persons under 18 years of age, it is now prohibited for persons under 17 years of age. There is one exception to this lowering of age. Current rules require persons serving, selling or vending alcoholic beverages to be 18 years of age or older, That provision was not changed. These changes do not have a negative impact on small businesses.
The other thing this rule does is establish a bond schedule for persons who violate provisions of SFP 1-6. Since this will only apply to persons who violate the rules, it is not anticipated that this will have an effect on small businesses. While it is true that small businesses may be faced with paying a forfeiture, that is completely within their control because they are able to determine whether they will violate the rules and, therefore, whether they will be subject to the bond.
