Statutory authority
Explanation of agency authority
General
DATCP has general authority, under s.
93.07 (1), Stats., to interpret laws under its jurisdiction. Under s.
93.06 (1p), Stats., DATCP may charge for certain services (including analytical services) provided in response to a voluntary request (in this case, fees to analyze and process voluntary requests for livestock scale construction variances).
Weights and Measures; General
DATCP administers ch.
98, Stats., related to commercial weights and measures. Under s.
98.03 (2), Stats., DATCP has broad authority to adopt rules governing the construction, installation and use of commercial weights and measures (including scales and other weighing and measuring devices).
Retail Food Establishments
DATCP licenses and inspects retail food establishments for food safety purposes under s.
97.30, Stats. However, DATCP also conducts weights and measures inspections of retail food establishments. Licensed establishments must pay an annual weights and measures fee under s.
97.30 (3m) (c) 3., Stats. DATCP may establish that fee by rule (s.
97.30 (5), Stats.).
Vehicle Scales
Vehicle scales are regulated by s.
98.16, Stats. Under s.
98.16 (as modified by Act 28), a vehicle scale operator must:
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Be annually licensed by DATCP and pay an annual license fee for each vehicle scale (DATCP may adjust license fees by rule).
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Pay a license fee surcharge for each vehicle scale if the operator is found operating that scale without a license (Act 28 authorizes DATCP to adjust that surcharge by rule).
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Obtain a permit from DATCP before installing or relocating a vehicle scale (Act 28 authorizes DATCP to charge a permit fee).
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Comply with scale construction standards, unless DATCP grants a variance (Act 28 authorizes DATCP to charge a fee for processing variance requests).
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Pay reinspection fees for reinspections made necessary by law violations (DATCP may adopt reinspection fees by rule under s.
98.255, Stats.).
DATCP may adopt rules to establish and adjust fees, and regulate the construction and operation of vehicle scales (s.
98.16 (3), Stats.).
Weights and Measures Service Companies and Technicians
Section
98.18, Stats., regulates persons engaged in the business of installing, servicing, testing or calibrating scales and other weighing and measuring devices (weights and measures service companies). Under that section:
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Weights and measures service companies must:
□ Be annually licensed by DATCP and pay an annual license fee (DATCP may adjust license fees by rule).
□ Pay a license fee surcharge if the weights and measures service company is found operating without a license (DATCP is not authorized to adjust that surcharge by rule).
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DATCP may adopt rules to regulate weights and measures service companies and establish license fees (s.
98.18(2), Stats.).
DATCP rules currently exempt individual weights and measures technicians from licensing if they are employed by a licensed weights and measures service company. However, individual technicians must be certified for competence (there is a certification examination fee of $25). A certification is good for 5 years.
Vehicle tank meters
Vehicle tank meters are regulated by s.
98.224, Stats., as created by Act 28. Under that section, a vehicle tank meter operator must:
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Be annually licensed by DATCP and pay an annual license fee for each vehicle tank meter (DATCP must establish license fees by rule). An operator must pay a license fee surcharge if the operator is found operating a vehicle tank meter without a license (DATCP may establish the surcharge by rule).
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Comply with testing and reporting requirements. An operator who fails to do so must pay a license fee surcharge that DATCP must establish by rule.
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Pay reinspection fees for reinspections made necessary by law violations (DATCP may adopt reinspection fees by rule under s.
98.255, Stats.).
DATCP may adopt rules to establish and license fees and surcharges; testing, reporting and recordkeeping requirements; and standards for the construction, operation and maintenance of vehicle tank meters (s.
98.16 (4), Stats.).
LP Gas Meters
LP gas meters are regulated by s.
98.245, Stats., as modified by Act 28. Under that section, LP gas meter operators must:
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Be annually licensed by DATCP and pay an annual license fee for each LP gas meter (DATCP must establish license fees by rule). An operator must pay a license fee surcharge if the operator is found operating an LP gas meter without a license (DATCP must establish the surcharge by rule).
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Comply with testing and reporting requirements. An operator who fails to do so must pay a license fee surcharge that DATCP must establish by rule.
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Pay reinspection fees for reinspections made necessary by law violations (DATCP may adopt reinspection fees by rule under s.
98.255, Stats.).
DATCP may adopt rules to establish and license fees and surcharges; testing, reporting and recordkeeping requirements; and standards for the construction, operation and maintenance of vehicle tank meters (s.
98.245 (9), Stats.).
Reinspection Fees
Under s.
98.255, Stats. (as created by Act 8), DATCP may charge a reinspection fee to cover DATCP reinspection costs incurred because of a law violation found on an initial inspection of a weight or measure (including a scale or other weighing or measuring device). DATCP may establish reinspection fee amounts by rule (s.
98.255 (2), Stats.). DATCP may specify different reinspection fees for different types of weighing or measuring devices. The fee for each type of device may not exceed DATCP's average cost to reinspect that type of device.
Related statutes and rules
Among other things, this rule establishes annual weights and measures fees for retail food establishments, which are licensed and regulated (for food safety purposes) under s.
97.30, Stats., and ch.
ATCP 75, Wis. Adm. Code.
Content of rule
The Department of Agriculture, Trade and Consumer Protection (DATCP) administers Wisconsin's weights and measures program which ensures the accuracy of commercial weights and measures. DATCP inspects commodities, scales and measuring devices to ensure that businesses and consumers get what they pay for. The weights and measures program is partially funded by weights and measures license fees. The biennial budget act expanded licensing of weights and measures devices, and authorized certain fee adjustments by rule, in order to improve weights and measures regulation and help remedy a sever budget shortfall. The budget act affects vehicle scales, vehicle tank meters and LP gas meters, among other things. It also authorizes DATCP to charge fees for reinspections made necessary by weights and measures law violations.
This rule is designed to implement the budget act. However, this rule also updates and clarifies other weights and measures rule provisions under ch.
ATCP 92, Wis. Adm. Code. This rule establishes different fees for different weights and measures program and license categories, based upon an analysis of program costs associated with each category. Fees are generally proportionate to program costs in each category. Specifically, this rule does all of the following:
Retail Food Establishments
This rule increases the annual weights and measures inspection fees paid by licensed retail food establishments (it does not change food safety inspection fees). This rule does all of the following:
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Increases, from $100 to $420, the annual fee for a retail food establishment that has annual food sales of at least $1 million and processes potentially hazardous food.
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Increases, from $45 to $55, the annual fee for a retail food establishment that has annual food sales of at least $25,000 but less than $1 million and processes potentially hazardous food.
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Increases, from $25 to $45, the annual fee for a retail food establishment that has annual food sales of at least $25,000 and is engaged in food processing, but does not process potentially hazardous food.
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Establishes a fee of $30 for a retail food establishment that is not engaged in food processing.
Vehicle and Livestock Scales
This rule does all of the following:
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Increases, from $100 to $140, the annual fee for a vehicle scale operator license (does not apply to livestock scales other than vehicle scales).
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Increases, from $200 to $350, the license fee surcharge for a person found operating a vehicle scale without a license (does not apply to operators of livestock scales other than vehicle scales, because those operators are not licensed).
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Establishes a license fee surcharge of $350 for an operator who, during the previous year, failed to comply with vehicle scale testing and reporting requirements (does not apply to operators of livestock scales other than vehicle scales, because those operators are not licensed).
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Establishes a fee of $160 for a permit to install or relocate a vehicle scale. This fee does not apply to livestock scale permits (other than vehicle scales) because the statutes do not authorize DATCP to charge fees for livestock scale permits mandated by DATCP.
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Establishes a fee of $360 to process a request, by a vehicle scale operator
or livestock scale operator, for a variance from an applicable scale construction standards (this rule does not change current construction standards). See ss.
93.06 (1p) and
98.16 (2m) (b) and
(4), Stats.
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Updates and clarifies current requirements for annual testing of vehicle scales and livestock scales, and reporting test results to DATCP.
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Establishes a vehicle scale operator license surcharge of $350 for an operator who fails to comply with annual scale testing and reporting requirements (does not apply to operators of livestock scales other than vehicle scales, because those operators are not licensed).
Weights and Measures Service Companies and Technicians
This rule increases current annual license fees for weights and measures service companies, as follows:
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Increases the basic license fee from $250 to $325.
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Increases the supplementary license fee for companies operating more than one business location. The fee for each additional business location is increased from $75 to $100.
This rule increases, from $25 to $35, the current examination fee for certification of an individual weights and measures technician (5-year certification). The examination fee may be paid by the weights and measures service company that employs the technician.
LP Gas Meters
This rule does all of the following:
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Implements statutory licensing requirements for operators of LP gas meters.
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Establishes an annual license fee of $140.
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Establishes a license fee surcharge of $350 for an applicant who was found operating an LP gas meter without a required license during the previous year.
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Establishes basic annual testing and test reporting requirements related to LP gas meters, and establishes a license fee surcharge of $350 for an applicant who failed to comply with those basic requirements in the previous year.
Vehicle Tank Meters
This rule does all of the following:
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Implements statutory licensing requirements for vehicle tank meter operators.
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Establishes an annual license fee of $140.
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Establishes a license fee surcharge of $350 for an applicant who was found operating a vehicle tank meter without a required license during the previous year.
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Establishes basic annual testing and test reporting requirements related to vehicle tank meters, and establishes a license fee surcharge of $350 for an applicant who failed to comply with those basic requirements in the previous year.
Reinspection Fees
This rule establishes reinspection fees to cover DATCP reinspection costs incurred because of law violations found on an initial inspection of a weight or measure (including a scale or other weighing or measuring device). This rule establishes the following reinspection fees for the following types of weights and measures, based on DATCP's average cost to reinspect that type of weight or measure:
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Large capacity scale (over 5,000 lbs), $300.
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Medium capacity scale ( 300-5,000lbs), $185.
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Small capacity scale (up to 300 lbs), $150.
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Vehicle tank meter, $230.
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Liquified petroleum gas meter, $360.
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Loading rack meter, $300.
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Retail motor fuel device (or similar liquid measuring device), $150.
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Timing device, $150.
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Grain moisture meter, $200.
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Package labeling accuracy, $185.
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Price accuracy, $255.
