Section 6. ATCP 90.04 (7) (t) is amended to read:
(t) Micrometer µm
Section 7. ATCP 90.07 (2) is amended to read:
(2) LOCATION AND POSITION. (a) General. A declaration of net quantity shall appear in the bottom 30% percent of the principal display panel, except that the declaration may appear elsewhere on the principal display panel if the panel area is 32 cm2 (5 in2) or less. The declaration of net quantity shall be generally parallel to the base on which the package is designed to rest when displayed.
(b) Spot label or header label. If all of the required declarations under ss. ATCP 90.02 to 90.04 are contained on a spot label or header label, the declaration of net quantity may appear on the lower 30% percent of the spot label or header label, rather than on the lower 30% percent of the principal display panel. Section 8. ATCP 90.07 (7) (a) 2. and 4. are amended to read:
2. For a cylindrical package, the area is 40% percent of the package height multiplied by the package circumference.
4. Except as provided under subds. 1. to 3., the area is 40% percent of the total area of the package surface, including package tops and bottoms, flanges at the tops and bottoms of cans, and the shoulders and necks of bottles or jars.
Section 9. ATCP 90.08 (10) (g) and (h) are amended to read:
(g) Towels and related items. The declaration of quantity for rectangular dish towels, dish cloths, dishcloths, bath towels, face cloths, facecloths, utility cloths, bath mats, and related items shall state, in centimeters or inches, the length and width of the item if the item is woven. If the item is knitted, its dimensions need not be stated.
(h) Non-rectangular and irregular items. 1. The declaration of quantity for textile products such as pot holders, fixture and appliance covers, slip covers, and non-rectangular diapers shall be stated in terms of count and may include size designations and dimensions.
2. The declaration of quantity for non-rectangular textile products of the types identified under pars. (a) to (g) shall state the geometric shape of the product and the dimensions that are customarily used in describing that geometric shape. Dimensions may be stated in metric or inch−pound units corresponding to those specified under pars. (a) to (g).
Section 10. ATCP 90.08 (12) (a) is amended to read:
(12) PACKAGED SEED. (a) Declaration of quantity; location on small packages. Notwithstanding s. ATCP 90.07 (2), the declaration of net quantity on a package of seed intended for planting shall appear in the upper 30% percent of the principal display panel if the net weight of package contents is 7 grams (1/4 ounce) or less. Section 11. ATCP 90.08 (14) (a) 2. (Note) is amended to read:
Section 12. ATCP 90.08 (16) (b) is amended to read:
(b) Corn flour and corn meal cornmeal. If corn flour or corn meal cornmeal is packaged in units of 5, 10, 25, 50, or 100 pounds, the net quantity declaration need not comply with the location requirement under s. ATCP 90.07 (2). Section 13. ATCP 90.09 (2) (a) is amended to read:
(2) ENFORCEMENT SAMPLE AND INSPECTION LOT. (a) The department or a municipal sealer may determine the net contents of packaged commodities in an inspection lot based on an enforcement sample collected from that inspection lot. The enforcement sample shall be collected, tested, and analyzed according to applicable provisions of the NIST Handbook 133. Unless otherwise specified by NIST Handbook 133, the inspection lot shall be determined according to par. (b).
Section 14. ATCP 90.09 (2) (c) (Note) is amended to read:
Section 15. ATCP 90.09 (4) (a) is amended to read:
(4) UNREASONABLE SHORTAGES; ORDER PROHIBITING SALE. (a) If, in any enforcement sample under sub. (2) (a), the number of unreasonable shortages in individual packages exceeds the number specified for an enforcement sample of that size in the NIST Handbook 133, the department or a municipal sealer shall issue an order prohibiting the sale of the entire inspection lot from which that enforcement sample is collected.
Section 16. ATCP 90.10 (2) (Note 2) is repealed.
Section 17. ATCP 91 (Title) is amended to read: SELLING COMMODITIES BY WEIGHT, MEASURE, OR COUNT.
Section 18. ATCP 91.01 (4) and (Note) are amended to read:
(4) “NIST Handbook 130" means NIST Handbook 130, (2018 2023 edition,)published by the National Institute of Standards and Technology, United States department of commerce.
Note: Copies of NIST Handbook 130, Uniform Laws and Regulatons in the areas of legal metrology and fuel quality, (2018 2023 edition,)are on file with the department and the legislative reference bureau. Copies may be obtained from the U.S. Government Printing Office, Stop SSOP, Washington, D.C. 20102-0001, or at www.nist.gov. online at https://www.nist.gov/pml/owm/publications/nist-handbooks. Section 19. ATCP 91.03 (1) (e) is amended to read:
(e) Flour, corn meal cornmeal, and like commodities. Food commodities covered by NIST Handbook 130, ch. IV.B, section 1.4, shall be sold in compliance with that section.
Section 20. ATCP 92.01 (10h) and (Note) are amended to read:
(10h) “NIST Handbook 44" means NIST Handbook 44, (2018 2023 edition,)published by the National Institute of Standards and Technology, United States department of commerce, except for Section 3.40, Electric Vehicle Fueling Systems. Note: Copies of NIST Handbook 44, Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices, (2018 2023 edition,)are on file with the department and the legislative reference bureau. Copies may be obtained from the U.S. Government Printing Office, Stop SSOP, Washington, D.C. 20102-0001, website: www.nist.gov. online at https://www.nist.gov/pml/owm/publications/nist-handbooks. Section 21. ATCP 92.01 (10p) and (Note) are amended to read:
(10p) “NIST Handbook 130" means NIST Handbook 130, (2018 2023 edition,)published by the National Institute of Standards and Technology, United States department of commerce.
Note: Copies of NIST Handbook 130, Uniform Laws and Regulation in the areas of legal metrology and fuel quality, (2018 2023 edition,)are on file with the department and the legislative reference bureau. Copies may be obtained from the U.S. Government Printing Office, Stop SSOP, Washington, D.C. 20102-0001, website: www.nist.gov. online at https://www.nist.gov/pml/owm/publications/nist-handbooks. Section 22. ATCP 92.01 (10t) and (Note) are amended to read:
(10t) “NIST Handbook 133" means NIST Handbook 133, (2018 2023 edition,)published by the National Institute of Standards and Technology, United States department of commerce.
Note: Copies of NIST Handbook 133, Checking the Net Contents of Packaged Goods , (2018 2023 edition,)are on file with the department and the legislative reference bureau. Copies may be obtained from the U.S. Government Printing Office, Stop SSOP, Washington, D.C. 20102-0001, website: www.nist.gov. online at https://www.nist.gov/pml/owm/publications/nist-handbooks. Section 23. ATCP 92.01 (15) and (16) are amended to read:
(15) “Vehicle scale” means a commercial scale designed or used to weigh loaded or unloaded highway, farm, or industrial vehicles, and includes above−ground aboveground scales, dump scales, and portable scales. “Vehicle scale” does not include a railway scale used exclusively for the weighing of commodities on railroad track vehicles.
(16) “Vehicle tank meter” has the meaning given in s. 98.224 (1), Stats. A “vehicle tank” meter” does not include a liquefied petroleum gas meter. Section 24. ATCP 92.02 (1) (Note) is amended to read:
Note: See s. 98.03 (2), Stats. The 2014 2023 edition of the NIST Handbook 44, (Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices) Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices, is on file with the department and the legislative reference bureau. Copies may be purchased from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. Excerpts can be viewed at http://www.nist.gov/index.html. obtained online at https://www.nist.gov/pml/owm/publications/nist-handbooks. Section 25. ATCP 92.02 (2) is amended to read:
(2) Except as provided in sub. (3), no person may sell, offer for sale, use, or distribute for use in this state a weighing or measuring device unless the device is a type or model certified by one of the following:
(a) The chief of the office of weights and measures of the NIST.
(b) The national type evaluation program administered by the National Conference on Weights and Measures national conference on weights and measures.
Note: Devices certified under par. (b) are commonly known as “NTEP−approved” devices.
Section 26. ATCP 92.06 is amended to read:
ATCP 92.06 Inspection procedures and equipment.
(1) GENERAL. Inspectors shall inspect weights and measures according to ch. 98, Stats., this chapter, and chs. ATCP 90 and 91. An inspection, and the equipment used to make it, shall comply with all of the following that apply to that type of inspection: (a) The NIST Handbook 44.
(b) The NIST Handbook 133.
(2) PRICE VERIFICATION SYSTEMS. Inspections of price verification systems shall comply with NIST Handbook 130, chapter V, section 7.
(3) INSPECTION EQUIPMENT AND STANDARDS. The department, or a laboratory certified recognized or accredited by the NIST, shall inspect, test, and approve testing equipment and standards used by inspectors. The department or certified laboratory recognized or accredited by NIST shall inspect, test, and approve the equipment at least once every 2 years unless the department specifies a different time interval for specific equipment or standards.
Note: The standards incorporated by reference in subs. (1) and (2) are on file with the department and the legislative reference bureau. Copies may be purchased from the U.S. Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250−7954. obtained online at https://www.nist.gov/pml/owm/publications/nist-handbooks. Section 27. ATCP 92.22 (1) (b) and (Note) are amended to read:
(b) Comply with applicable requirements contained in the NIST Handbook 44.
Note: The NIST Handbook 44, (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) , 2016 2023 edition, is on file with the department and the legislative reference bureau. You may purchase copies of this handbook from the U.S. Government Printing Office, Superintendent of Document Sales, P.O. Box 371954, Pittsburgh, PA 15250-7954. Copies may be obtained online at https://www.nist.gov/pml/owm/publications/nist-handbooks. Section 28. ATCP 92.22 (2) is amended to read:
(2) TEST EQUIPMENT AND STANDARDS. The department, or a laboratory certified recognized or accredited by the NIST, shall inspect, test, and approve testing equipment and standards used by weights and measures service companies. The department, or a certified laboratory recognized or accredited by NIST, shall inspect, test, and approve the equipment at least once every 2 years unless the department specifies a different time interval for specific equipment or standards.
Section 29. ATCP 92.30 (3) (c) 2. and 3. are amended to read:
2. Scale pit floors and surfaces underlying above–ground aboveground vehicle scales shall be constructed of concrete, and shall be constructed so that they are well drained. The concrete floor or surface shall extend the full length and width of the scale. This subdivision does not apply to above−ground aboveground scales constructed prior to January 1, 1992.
3. A load−bearing concrete surface underlying an above−ground aboveground vehicle scale shall rest on a bed of compacted aggregate which is at least 6 inches (15 cm) or 15 centimeters thick under every portion of the load−bearing concrete surface, or on an alternative foundation constructed according to the manufacturer’s engineering drawings. This subdivision does not apply to above−ground aboveground scales installed prior to January 1, 1992.
Section 30. ATCP 92.30 (3) (e) 2. is amended to read:
2. In every above−ground aboveground vehicle scale, there shall be a clearance of not less than 6 inches (15 cm) between the top surface of the base slab and the bottom of the load receiving element. This subdivision does not apply to above−ground aboveground scales constructed prior to January 1, 1992.
Section 31. ATCP 92.43 (3) (a) is amended to read:
(a) A license fee of $40 for each liquefied petroleum gas meter for the license year December 1, 2011, to November 30, 2012, and a A license fee of $60 for each liquefied petroleum gas meter for license years beginning after November 30, 2012.
Section 32. ATCP 92.50 (3) (a) is repealed.
Section 33. effective date: This rule takes effect on the first day of the month following publication.
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