•Establishes a technician certification program for technicians employed by private weights and measures service companies. Technicians must pass an open-book examination developed by the Central Weights and Measures Association. There is an examination fee of $25.
State and Municipal Programs
DATCP enforces state weights and measures laws. Under s.
98.04, Stats., municipalities with a population of more than 5,000 must establish their own programs or contract with DATCP for weights and measures services. Currently, 18 municipalities have their own programs.
This rule establishes minimum standards for state and municipal weights and measures programs, in order to ensure reasonable statewide uniformity. This rule includes the following new requirements:
•Uniform Inspection Procedures. Under this rule, state and municipal programs must inspect packaged commodities, liquid measuring devices, scales, pricing systems, timing devices and linear measuring devices. (Currently, some municipal programs do not perform some of these inspections.) State and municipal inspectors must follow uniform testing and sampling procedures spelled out in state law and applicable NIST handbooks.
•Inspection Equipment. This rule requires inspectors to use test equipment and weight standards that meet NIST requirements. DATCP or a NIST-certified laboratory must test and certify test equipment and weight standards at least once every 2 years. DATCP may set a different testing interval for specialized equipment or weight standards.
•Training Requirement. Under this rule, state and municipal inspectors must participate in DATCP-sponsored training to stay current with changing weights and measures standards and procedures.
•Sealing Procedure. This rule clarifies the procedure for “sealing" a weighing or measuring device after the device is inspected.
•Reporting Requirements. This rule clarifies current municipal reporting requirements. Municipalities are currently required to submit annual reports to DATCP. DATCP uses these reports to help identify weights and measures compliance problems, priorities and program needs.
Weights and Measures Service Companies
DATCP currently licenses weights and measures service companies under s.
98.18, Stats. This rule increases license fees and establishes minimum licensing standards.
•License Required
This rule clarifies that a weights and measures service company must hold a DATCP license to install, service, test or calibrate commercial weighing or measuring devices.
A service company must apply for a license and pay required fees, according to this rule. DATCP may deny, suspend or revoke a license for reasons specified in this rule.
• License Fee
Under current law, weights and measures service companies pay the following annual license fees:
- $100 for companies that service only their own commercial weighing and measuring devices.
- $200 for companies that service weighing and measuring devices “for hire." A “for hire" company must also pay a supplementary license fee of $50 for each additional business location, if the company operates from more than one location.
This rule increases license fees for service companies. This rule establishes an annual fee of $250 for every company. A “for hire" service company must pay a supplementary fee of $75 for each additional business location, if the company operates from more than one location.
•Technician Certification
This rule creates a certification program for weights and measures service technicians. A weights and measures service company is responsible for having its technicians certified. Under this rule, a technician may not do any of the following unless the technician is certified:
- Restore to service a weighing or measuring device rejected by a state or municipal inspector.
- Place a new commercial weighing or measuring device in service.
- Verify the accuracy of a commercial weighing or measuring device.
A technician must be certified in one or more appropriate categories, based on the types of devices that the technician services. The Central Weights and Measures Association (CWMA) has developed certification exams that test a person's working knowledge of NIST standards and procedures (NIST Handbook 44) in various categories. Six midwestern states have adopted the CWMA technician certification program. Technicians who successfully complete the exam are recognized as “certified technicians" in participating states.
This rule requires certified technicians to pass the CWMA technician certification exam (or another exam approved by DATCP) in each applicable category once every 5 years. There is a $25 exam fee. The Wisconsin Department of Employment Relations, City and County Testing Unit, will administer the exam for DATCP. Exams are administered at locations statewide.
•Equipment Testing Procedures
Under this rule, weights and measures service companies must follow NIST testing procedures when they test weighing and measuring devices. Service companies must affix security seals to devices placed in service. Security seals must identify the name of the service company and technician that serviced the device.
This rule requires service companies to use testing equipment and standards that meet NIST requirements. Equipment and standards must be tested and certified at least once every 2 years by DATCP's metrology laboratory, or by a NIST-certified laboratory.
•Recordkeeping and Reporting.
Under this rule, a weights and measures service company must prepare a written report whenever the company installs, services, tests or calibrates a weighing or measuring device. The technician who does the work must prepare and sign the report. The report must include relevant information required by this rule.
Within 7 business days after it completes the work, the service company must give a copy of the report to the owner or operator of the device. If the service company restores a “rejected" device to service, the service company must also give a copy to DATCP or to the municipality that rejected the device. The service company must keep a copy of the report for at least 3 years.
•Prohibited Practices. No person who sells, installs, services, tests or calibrates a weighing or measuring device may do any of the following:
- Cause the device to be incorrect.
- Misrepresent that the device is correct.
- Misrepresent, directly or by implication, that the person has determined whether the device is correct.
- Fail to comply with this chapter or ch.
98, Stats.
- Remove any reject tag or mark applied by a state or municipal inspector unless the person first does one of the following:
* Adjusts the device to make it correct.
* Obtains express authorization from DATCP or, if the reject tag or mark was applied by a municipal inspector, from that municipality.
Vehicle Scales
DATCP currently licenses vehicle scale operators under s.
98.16, Stats. The current license fee is $60 per year per vehicle scale. This rule increases the license fee to $100 per year per vehicle scale.
Standards Incorporated by Reference
Pursuant to s.
227.21, Stats., DATCP will request permission from the attorney general and the revisor of statutes to incorporate the following standards by reference in this rule:
•The national institute of standards and technology handbook 44 (specifications, tolerances, and other technical requirements for weighing and measuring devices), 2003 edition.
•The national institute of standards and technology handbook 133 (checking the net contents of packaged goods), 2003 edition.
•Section 7 “test procedures" from the chapter titled “examination procedure for price verification," national institute of standards and technology handbook 130 (uniform laws and regulation in the areas of legal metrology and engine fuel quality), 2003 edition.
Copies of these standards are on file with DATCP, the secretary of state and the revisor of statutes.
Fiscal Estimate
Weights and measures service companies and vehicle scale operators are licensed and regulated by DATCP under Chapter
98 of the Statutes. Current law authorizes the department to adjust license fees by rule.
Currently, the department licenses an estimated 2011 vehicle scales and 208 service companies. These license fees generate an estimated $160,000 annually for DATCP's weights and measures inspection program. The proposed fee increases for vehicle scales and service companies are expected to generate an additional $97,000.
This rule also includes a requirement for certification of service company technicians, consistent with a voluntary service company technician testing program developed by the Central Weights and Measures Association. The rule imposes a $25 processing for testing and certification, and requires recertification of technicians every five years. DATCP has identified approximately 1,164 technicians employed by service companies. An estimated 800 technicians are likely to participate in the service company technician testing and certification program. The processing fee will generate about $20,000 during each five-year interval, and cover costs associated with administration and grading of the tests.
Initial Regulatory Flexibility Analysis
This rule will affect vehicle scale operators and weights and measures service companies, many of which are small businesses. The proposed fee increases for vehicle scale operators and private and “for hire" service companies are needed to ensure accurate weights and measures in this state. Testing and record keeping requirements in the rule are consistent with NIST standards and surrounding states, and considered as good business practices within the industry. The rule does not present an unreasonable burden to affected businesses.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
90.21 (6),
169.11 (1) (a),
169.15 (5),
169.18 (5),
169.19 (6),
169.20 (4),
169.21 (3),
169.23 (3),
169.25 (6),
169.26 (4),
169.27 (4),
169.39 (2) and
(3),
227.11 (2) (a) and
227.24, Stats., interpreting ss.
90.21 (2) and
(5),
169.11 (1),
169.12 (1) and
(4),
169.14 (2),
169.15 (4),
169.18 (2) and
(3),
169.19 (2) and
(3),
169.20 (1),
(2) and
(3),
169.21 (1) and
(2),
169.23 (2),
169.25 (1),
(2),
(3),
(4) and
(5),
169.26 (1),
(2) and
(3),
169.27 (1),
(2) and
(3) and
169.31 (1) (a), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-03-03(E) relating to captive wildlife. This emergency order will take effect on January 1, 2003.
2001 Wisconsin Act 56 enacted on April 3, 2003 removed Wisconsin's captive wildlife laws from ch.
29, Stats., and created ch.
169, Stats. As of January 1, 2003, the effective date of most of the provisions of ch.
169, Stats., game farms, fur farms and other holders of live captive wildlife will be subject to regulation under ch.
169, Stats. This will include two new license requirements and requirements of operation. While Wis. Act 56 provides for a transfer of ch.
29, Stats., licenses to ch.
169, Stats., licenses, it does not automatically transfer the rules for captive animals held under ch.
29, Stats., to rules applicable to captive animals held under ch.
169, Stats. This rule will create ch.
NR 14 which will incorporate by reference most of the rules that were applicable to captive animals under ch.
29, Stats., and make it clear that those standards are now applicable to captive animals held under ch.
169, Stats.
In some areas the rule creates new standards. Section
NR 14.01, while incorporating many of the deer farm fence standards from ch.
NR 16, increases the required height of new fences from 8 feet to 10 feet. It also phases in a requirement that deer farms be double fenced unless the deer farm is enrolled in the chronic wasting disease herd monitoring or herd surveillance program. While the deadlines for the double fence regulations will likely not occur until after the expiration of this rule, they are included in order to put the public on notice of the requirements that will be proposed in the permanent rule proposal that will follow this emergency rule. A second area of change is in the fur farm rules where acreage requirements for new fur farms and tagging requirements for otter are created.
The rule creates a definition of sporting club for purposes of this fee waiver allowed for such groups. The rule also creates standards for the issuance of licenses for dog training clubs. This license did not exist previously and allows members of a dog training club to dog train on club premises under the authority of the club license. Without standards, it would be difficult if not impossible to implement this program.
Finally, the rule changes the license needed for commercial operations dealing in reptiles and amphibians from a commercial permit under ch.
NR 19 to a captive wild animal license under ch.
169, Stats. This change is required by Wis. Act 56.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Thursday, January 16, 2003 at 1:00 p.m.
Room 027, GEF #2
101 South Webster Street
Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Sue Solin at (608) 266-8204 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this proposal.
Contact Information
Written comments on the emergency rule may be submitted to Ms. Sarah Hurley, Deputy Administrator, Division of Lands, Department of Natural Resources, P.O. Box 7921, Madison, WI 53707 no later than January 31, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing.
A copy of the emergency rule may be obtained from the Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707.
Notice of Hearings
Natural Resources
(Fish, Game, etc.)
[CR 02-144]
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.041,
29.014 (1),
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.041,
29.014 (1) and
29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on revisions to ss.
NR 25.05 and
25.06, Wis. Adm. Code, relating to smelt trawling in Green Bay. In the last decade smelt abundance has declined almost 95% in Lake Michigan. The proposed rule shortens the summer trawling season in Green Bay by approximately 6 weeks. The current season runs from June 15 to September 30; the proposed rule sets the season from July 1 to September 1. The total allowable smelt harvest from Green Bay is reduced from 351,993 pounds to 100,000 pounds.
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: Commercial fishers of smelt in Green Bay.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
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. This 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:
January 16, 2003 Room 310, Green Bay City Hall,
Thursday 100 N. Jefferson St., Green Bay
at 7:00 p.m.
January 21, 2003 Multi-purpose Room
Tuesday Lakeshore Tech. College
at 7:00 p.m. 1290 North Ave., Cleveland
