•
98.12, Stats. (frozen desserts).
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98.21, Stats. (bread).
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98.225, Stats. (deliveries of liquid fuel).
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98.245, Stats. (LP gas).
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98.246 and 100.18(6) and (8), Stats. (petroleum products and motor fuel).
Administrative Code
DATCP has adopted a number of rules affecting the method of sale of commodities. See, for example, the following chapters of the Wisconsin administrative code:
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ATCP 55 (meat and meat food products).
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ATCP 75 (retail food establishments).
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ATCP 81 (cheese grading, packaging and labeling).
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ATCP 85 (butter grading and labeling).
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ATCP 88 (egg grading and labeling).
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ATCP 90 (fair packaging and labeling).
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ATCP 92 (weights and measures).
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ATCP 109 (freezer meat and food service plans).
Rule background
Current DATCP rules (ATCP 91) regulate the sale of commodities by weight, measure or count. The current rules spell out general standards for all commodities, and more specific standards for some commodities. The current rules do all of the following:
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Require liquid commodities to be sold by liquid measure and nonliquid commodities by weight, with certain exceptions.
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Regulate price declarations by weight, to facilitate accurate price comparisons.
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Specify methods of sale for various food commodities including fruits and vegetables, meat, poultry, cheese, frozen desserts, pizza and “ready to eat" foods.
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Specify methods of sale for various non-food commodities including firewood, roofing material, polyethylene sheeting, potpourri and petroleum products.
NIST has published model method-of-sale standards, which are designed to promote reasonable and uniform standards between the states. However, the NIST standards do not have the force of law unless adopted by the states. At least 45 states have adopted some or all of the NIST standards.
Current DATCP rules are, in some respects, inconsistent with NIST. The Wisconsin statutes also include some requirements that differ from NIST. Within statutory limits, this rule modifies current DATCP rules (ATCP 91) to make them more consistent with NIST. This rule also makes non-substantive changes to reorganize and clarify current rules.
Rule content
Standards for Specific Commodities
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.
General Standards
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.
Comparison with federal regulations
States have the primary responsibility for regulating methods of sale of commodities. The federal government (NIST) has published model method-of-sale standards, to promote effective state regulation and interstate uniformity. But those standards are not legally binding unless adopted by the states.
Comparison with rules in adjacent states
All surrounding states have adopted the NIST standards that DATCP proposes to adopt in this rule.
Standards incorporated by reference
This rule incorporates, by reference, standards contained in
NIST Handbook 130 (2009 edition), published by the national institute of standards and technology, United States department of commerce. Pursuant to s.
227.21, Stats., DATCP has requested permission from the Wisconsin Department of Justice to incorporate the standards by reference in this rule. Copies of the standards will be kept on file with DATCP and the Legislative Reference Bureau.
Summary of factual data and analytical methodologies
This rule is based on standards published by NIST, and are based on NIST data and analytical methodologies.
Small Business Impact
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. This rule also reorganizes and clarifies current rules, so they will be easier to read and understand.
This rule adds some new standards to current rules. However, those standards are based on NIST standards with which most affected businesses are already complying. This rule will not have any significant adverse impact on small business or other affected businesses.
Fiscal Estimate
This rule will have no significant fiscal impact on DATCP or local units of government.
Notice of Hearings
Corrections
NOTICE IS HEREBY GIVEN that pursuant to section
227.11 (2), Stats., the Department of Corrections will hold public hearings to consider repealing and recreating Chapter
DOC 346, relating to secure detention facilities and juvenile portions of a county jail.
Hearing Information
Date and Time Location
June 26, 2009 Conference Room 5 (3rd Floor)
9:30 a.m. Portage County Annex
1462 Strongs Avenue
Stevens Point, Wisconsin 54481
June 26, 2009 Conference Room 1M-B (1st Floor)
2:00 p.m. Department of Corrections
