The department received no comments about the statement of scope either at the public hearing or during the following comment period.
Comparison with Rules in Adjacent States
Illinois
Illinois uses NIST Handbook 44 and NIST Handbook 130.
The Uniform Packaging and Labeling Regulation and the Uniform Regulation for the Method of Sale of Commodities in the National Institute of Standards and Technology Handbook 130, and any of its subsequent supplements or revisions, shall be the requirements and standards governing the packaging, labeling, and method of sale of commodities for this State, except insofar as specifically modified, amended, or rejected by regulation issued by the Director.
The following sections of the Method of Sale of Commodities requirements shall not be adopted:
Section 1.2 (Bread), Section 2.20 (Gasoline-Oxygenate Blends), and Section 1.9.2 (Unit Price Advertising). Iowa
The National Institute of Standards and Technology (NIST) Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality, Handbook 133, Checking the Net Contents of Packaged Goods, Type Evaluation, and all supplements to these handbooks, as published by the National Institute of Standards and Technology amended or revised as of January 1, 2020, are adopted in their entirety by reference except as modified by state statutes, or by rules adopted and published by the Iowa department of agriculture and land stewardship.
Michigan
Michigan has passed a Weights and Measures act that regulates and provides standards for weights and measures, and the packaging and advertising of certain commodities; provides a fee system for certain inspections and tests; and provides penalties for fraud and deception in the use of false weights and measures and other violations.
Minnesota
Weighing and measuring equipment manufactured, offered, or exposed for sale or sold or given away for use in trade or commerce in Minnesota must conform to the requirements and specifications of NIST Handbook 44. NIST Handbook 44 (2019), "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," as adopted by the 103rd National Conference on Weights and Measures and published by the United States Department of Commerce, National Institute of Standards and Technology, is incorporated by reference subject to some exceptions.
Summary of Factual Data and Analytical Methodologies
To develop this rule, the department reviewed the 2023 edition NIST Handbook standards and verified they were still correct. Because this is a technical rule revision, no further analyses were needed.
Analysis and Supporting Documents used to Determine Effect on Small Business in Preparation of an Economic Impact Analysis
Not applicable. NIST Handbooks are available online at no cost. Also, no major changes within the NIST Handbooks themselves over the past five years have required major costs for businesses.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
A complete regulatory flexibility analysis is attached.
The department’s Regulatory Review Coordinator may be contacted by:
Telephone at (608) 224-5024
Standards Incorporated by Reference
This rule incorporates by reference the 2023 editions of relevant NIST Handbooks. As required by Wis. Stat. ch. 227, consent will be received from the Attorney General to incorporate these standards by reference after the public hearings and prior to seeking the Governor’s assent to the final draft rule. A copy of these documents will be kept on file with the department and with the Legislative Reference Bureau. Department Contact
David A. Woldseth
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164
Where Comments May Be Submitted
David A. Woldseth
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164
After the final hearing, the department will accept written comments for an additional two weeks.
___________________________________________________________________________
RULE TEXT
Section 1. ATCP 90.01 (15g) and (Note) are amended to read:
(15g) “NIST Handbook 44" means NIST Handbook 44, (2018 2023 edition,) published by the National Institute of Standards and Technology, United States department of commerce.
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 2. ATCP 90.01 (15r) and (Note) are amended to read:
(15r) “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 3. ATCP 90.01 (19) is amended to read:
(19) “Principal display panel” means that part of a package which is most likely to be displayed to, or examined by, a consumer under normal conditions of retail sale. If a package includes more than one principal display panel, “principal display panel” includes each of those panels. If a package is cylindrical in shape, “principal display panel” means that 40% percent of the cylinder circumference that is most likely to be displayed or presented to a consumer under normal conditions of sale.
Section 4. ATCP 90.01 (26) and (Note) are amended to read:
(26) “Unreasonable shortage” means a shortage that exceeds the maximum allowable variation specified for a commodity in the NIST Handbook 133.
Note: A copy of the national institute of standards and technology handbook NIST Handbook 133, Checking the Net Contents of Packaged Goods, 2023 edition, is on file with the department, the secretary of state and the legislative reference bureau. Copies may be obtained online at https://www.nist.gov/pml/owm/publications/nist-handbooks. Section 5. ATCP 90.04 (7) (e), (f), and (g) are amended to read:
(e) Cubic centimeter cm33
(f) Cubic decimeter dm33
(g) Cubic meter m33
Section 6. ATCP 90.04 (7) (t) is amended to read:
