ATCP 92.12
ATCP 92.12
Retail food establishments; weights and measures inspection fee. ATCP 92.12(1)(1)
Annual fee required. Except as provided in sub.
(2), an applicant for a retail food establishment license under s.
ATCP 75.03 shall pay the following weights and measures inspection fee:
ATCP 92.12(1)(a)
(a) For a retail food establishment that has annual food sales of $15,000,000 or more and that processes potentially hazardous food, an annual weights and measures inspection fee of $300.
ATCP 92.12(1)(b)
(b) For a retail food establishment that has annual food sales of $5,000,000 or more but less than $15,000,000 and that processes potentially hazardous food, an annual weights and measures inspection fee of $250.
ATCP 92.12(1)(c)
(c) For a retail food establishment that has annual food sales of $1,000,000 or more but less than $5,000,000 and that processes potentially hazardous food, an annual weights and measures inspection fee of $150.
ATCP 92.12(1)(d)
(d) For a retail food establishment that has annual food sales of $25,000 or more but less than $1,000,000 and that processes potentially hazardous food, an annual weights and measures inspection fee of $
60.
ATCP 92.12(1)(e)
(e) For a retail food establishment that has annual food sales $25,000 or more and that is engaged in food processing, but that does not process potentially hazardous food, an annual weights and measures inspection fee of $40.
ATCP 92.12(1)(f)
(f) For a retail food establishment that is not engaged in food processing, an annual weights and measures fee of $20.
ATCP 92.12(2)
(2)
Retail food establishment inspected by a municipality. Subsection
(1) does not apply to a retail food establishment that is located in a municipality that has a municipal department of weights and measures under s.
98.04 (1), Stats., or that collects fees from the retail food establishment under s.
98.04 (2), Stats., for the purpose of enforcing ch.
98, Stats.
ATCP 92.12 History
History: CR 09-105: cr.
Register December 2010 No. 660, eff. 1-1-11.
ATCP 92.20
ATCP 92.20
Weights and measures service company; license. ATCP 92.20(1)(1)
License required. Except as provided in sub.
(5), no person may install, service, test, or calibrate weights and measures without a current annual license from the department, as required under s.
98.18, Stats. A license expires on December 31 of each year. A license is not transferable between persons or business locations.
ATCP 92.20(2)
(2)
License application. A person seeking a license under sub.
(1) shall apply on a form provided by the department. The application shall include all the following:
ATCP 92.20(2)(a)
(a) The applicant's correct legal name and every trade name under which the applicant engages in activities under sub.
(1).
ATCP 92.20(2)(b)
(b) The address of each business location from which the applicant engages in activities under sub.
(1).
ATCP 92.20(2)(c)
(c) The full name, birthdate, and date of certification of each technician who engages in activities under s.
ATCP 92.21 on behalf of the applicant.
ATCP 92.20 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.
ATCP 92.20(3)
(3)
License fees. A license application under sub.
(2) shall include all of the following applicable fees and surcharges:
ATCP 92.20(3)(a)
(a) A fee of $250 if the applicant is engaged solely in installing, servicing, testing, or calibrating weights and measures that the applicant owns.
ATCP 92.20(3)(b)
(b) Each of the following fees if the applicant installs, services, tests, or calibrates weights and measures for others:
ATCP 92.20(3)(b)2.
2. A supplementary fee of $85 per year for each additional business location, in excess of one location, from which the applicant installs, services, tests, or calibrates weights and measures for others.
ATCP 92.20(3)(c)
(c) A surcharge of $200 if the department determines that, within one year before submitting the license application, the applicant operated without a license in violation of sub.
(1).
ATCP 92.20(3)(d)
(d) The late renewal fee provided under s.
93.21 (5), Stats., if the applicant is applying for the renewal of a license that has already expired.
ATCP 92.20(4)
(4)
Denying, suspending or revoking a license. The department may deny, suspend or revoke a license under sub.
(1) for cause, pursuant to s.
93.06 (7), Stats., and ch.
ATCP 1. Cause may include a violation of this chapter or ch.
98, Stats.
ATCP 92.20(5)
(5)
Exemptions. Subsection
(1) does not apply to any of the following:
ATCP 92.20(5)(a)
(a) A person who installs, services, tests or calibrates weights and measures only as an employee of a person licensed under sub.
(1).
ATCP 92.20(5)(b)
(b) An inspector or metrologist employed by this state, or by a county or municipality, to test or calibrate weights and measures.
ATCP 92.20 History
History: CR 02-141: cr.
Register August 2003 No. 572, eff. 9-1-03;
CR 04-005: am. (3) (d) and r. (3) (d) (note)
Register October 2004 No. 586, eff. 11-1-04;
CR 09-105: am. (2) (d), (3) (intro.), (b) 1., 2., cr. (3) (b) 3.
Register December 2010 No. 660, eff. 1-1-11.
ATCP 92.21
ATCP 92.21
Weights and measures technicians; certification. ATCP 92.21(1)(a)
(a) No weights and measures service company may employ or direct an individual to do any of the following, with respect to a weighing or measuring device, unless the department has certified that individual in a category under sub.
(4) that includes that device:
ATCP 92.21(1)(b)
(b) No individual operating a weights and measures service company may engage in any of the activities under par.
(a) unless that individual is certified under par.
(a).
ATCP 92.21 Note
Note: An individual operating a weights and measures service company must also be licensed under s.
ATCP 92.20.
ATCP 92.21(2)
(2)
Application for certification. An individual, or a weights and measures service company on behalf of an individual, may apply to have the individual certified under sub.
(1). The applicant shall apply on a form provided by the department. An application shall include, for each individual to be certified, all the following:
ATCP 92.21(2)(a)
(a) The individual's full name (first, middle, and last) and birth date.
ATCP 92.21(2)(b)
(b) Proof that the individual has met the examination requirement under sub.
(3) (a), or is currently certified by another state as provided in sub.
(3) (b).
ATCP 92.21 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.
ATCP 92.21(3)(a)(a) The department may not certify an individual under sub.
(1) in any category under sub.
(4) unless one of the following applies:
ATCP 92.21(3)(a)1.
1. The individual has passed the central weights and measures association registered service persons examination, or another examination approved by the department, in that category.
ATCP 92.21(3)(a)2.
2. The individual is currently certified in an equivalent category in another state, and has passed an examination under subd.
1. within 5 years prior to the date on which the department receives the certification application under sub.
(2).
ATCP 92.21(3)(b)
(b) An individual, or a weights and measures service company on behalf of an individual, may apply to have the individual take an examination required under par.
(a). The applicant shall apply to the department, on a form provided by the department. The application shall include, for each individual, all the following:
ATCP 92.21(3)(b)1.
1. The individual's full name (first, middle, and last) and birth date.
ATCP 92.21(3)(b)2.
2. An address and telephone number at which the applicant may be contacted to schedule the examination.
ATCP 92.21(3)(b)3.
3. A $30 examination fee. A single fee entitles an individual to take examinations in one or more certification categories on the same day.
ATCP 92.21 Note
Note: You may obtain exam application forms by writing to:
ATCP 92.21 Note
Wisconsin Department of Agriculture, Trade and Consumer Protection
Division of Trade and Consumer Protection
Weights & Measures Program
P.O. Box 8911
Madison, WI 53708-8911.
ATCP 92.21(3)(c)
(c) Whenever the department receives a complete application under par.
(b), the department or its agent shall schedule an examination date with the applicant. The examination date shall be not later than 60 days after the date
on which the department receives the complete application, unless the applicant agrees to a later date.
ATCP 92.21(4)
(4)
Certification category. The department may certify an individual in one or more of the device categories for which the central weights and measures association provides examinations.
ATCP 92.21 Note
Note: Currently, the Central Weights and Measures Association provides examinations in the following device categories: HB44 general code, retail computing scales, medium capacity scales, livestock scales, vehicle scales, railroad track scales, belt conveyor scales, retail motor fuel dispensers, vehicle tank meters, LPG meters, loading rack meters, and agricultural chemical and mass flow meters.
ATCP 92.21(5)
(5)
Action on certification. The department shall grant or deny an application under sub.
(2) within 45 days after the examination date under sub.
(3) (c) except that, if no examination is required under sub.
(3), the department shall grant or deny an application under sub.
(2) within 45 days after the department receives a complete application.
ATCP 92.21(6)
(6)
Certification expires. A certification under sub.
(1) expires 5 years after the department issues that certification.
ATCP 92.21(7)
(7)
Denying, suspending, or revoking a certification. The department may deny, suspend, or revoke a certification under sub.
(1) for cause, pursuant to s.
93.06 (7), Stats., and ch.
ATCP 1. Cause may include a violation of this chapter or ch.
98, Stats.
ATCP 92.21 History
History: CR 02-141: cr.
Register August 2003 No. 572, eff. 9-1-03, except (1) eff. 12-31-04;
CR 09-105: am. (3) (b) 3.
Register December 2010 No. 660, eff. 1-1-11.
ATCP 92.22
ATCP 92.22
Weights and measures service companies; test procedures and equipment. ATCP 92.22(1)(1)
General. Whenever a weights and measures service company installs, services, tests or calibrates a weighing or measuring device, the service company shall do all the following:
ATCP 92.22(1)(b)
(b) Comply with applicable requirements contained in the
NIST Handbook 44.
ATCP 92.22 Note
Note: The NIST Handbook 44 (Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices) 2016 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.
ATCP 92.22(1)(d)
(d) Affix a security seal to any adjustment mechanism that is designed to be sealed. The security seal shall identify the weights and measures service company and individual technician by name, initials, or other unique identifiers.
ATCP 92.22(2)
(2)
Test equipment and standards. The department, or a laboratory certified by the NIST, shall inspect, test, and approve testing equipment and standards used by weights and measures service companies. The department or certified laboratory 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.
ATCP 92.23
ATCP 92.23
Weights and measures service companies; reports. ATCP 92.23(1)(1)
Report required. A weights and measures service company shall prepare a written report whenever it installs, services, tests, or calibrates a weighing or measuring device. The weights and measures technician who performs the work on behalf of the service company shall prepare and sign the report. The report shall include all the following:
ATCP 92.23(1)(a)
(a) The name of the device owner or operator, the location of the device, and a uniquely identifying description of the device.
ATCP 92.23(1)(b)
(b) The date on which the service company installed, serviced, tested, or calibrated the device.
ATCP 92.23(1)(d)
(d) A statement that an inspector had marked or sealed the device as “rejected," if that is the case. The report shall include the date of the “rejected" mark or seal, if known. The report shall state whether the service company returned the device to service and, if it did return the device to service, the date on which it did so.
ATCP 92.23(1)(e)
(e) The level of accuracy and correctness found at the beginning of each test and after any adjustments to the device.
ATCP 92.23(1)(f)
(f) A statement clearly indicating whether the device was correct when the service company completed its work. If the service company did not determine whether the device was correct, the report shall indicate that fact.
ATCP 92.23(1)(g)
(g) The name of the service company technician who installed, serviced, tested, or calibrated the device.
ATCP 92.23(2)
(2)
Giving copies. Within 10 days after a weights and measures service company installs, services, tests or calibrates a weighing or measuring device, the service company shall mail or deliver a copy of its report under sub.
(1) to each of the following:
ATCP 92.23(2)(b)
(b) The department if the service company returns to service a device rejected by the department.
ATCP 92.23(2)(c)
(c) The municipality if the service company returns to service a device rejected by the municipality.
ATCP 92.23(3)
(3)
Keeping copies. A weights and measures service company shall keep a copy of every report under sub.
(1) for at least 2 years after the report is created.
ATCP 92.23 History
History: CR 02-141: cr.
Register August 2003 No. 572, eff. 9-1-03.
