Scope Statements
Agriculture, Trade and Consumer Protection
Subject
Revises Chapter
ATCP 92, relating to weights and measures licensing and fees.
Objectives of the Rule
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Implement weights and measures licensing changes made by
2009 Wis. Act 28 (biennial budget act).
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Modify the following weights and measures license fees and surcharges, as necessary, to fund inspection programs:
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Weights and measures service companies - annual license fees and surcharges.
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Certified weights and measures technicians - examination fee.
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Vehicle scales - annual license fees and surcharges.
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Retail food establishments - annual weights and measures license fees and surcharges.
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Permit fees for scale installation or construction.
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Fees for variance from scale installation or construction standards.
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Annual license fees and surcharges for vehicle tank meter operators.
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Annual license fees and surcharges for liquefied petroleum gas meter operators.
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Reinspection fees.
Policy Analysis
DATCP administers state laws to ensure that commercial weights and measures are accurate. Food, fuel, construction materials, and many other commodities are sold by weight or measure. According to the National Conference on Weights and Measures, the average U.S. family spends over half of its household budget on commodities that are sold by weight or measure. Inaccurate weights and measures can have an enormous financial impact on businesses and consumers. DATCP administers weights and measures standards, licenses certain weights and measures operations, and inspects for compliance.
The weights and measures program is funded by a combination of general program revenue (GPR) and program revenue (PR) derived from license fees. PR revenues currently fund over half of the weights and measures program. Most fees have not been unchanged since 1997. That, combined with inflationary pressures, means that the program's expenditures now exceed revenues. If nothing is done to address the revenue shortfall, the weights and measures PR account will have a negative cash balance by the end of FY 2012.
2009 Wisconsin Act 28 (biennial budget act) expanded weights and measures license requirements, and authorized DATCP to set license fees and surcharges by rule. The goal was to strengthen weights and measures regulation in key areas, provide a more equitable distribution of costs between regulated entities, and to prevent a crippling budget shortfall. This rule implements the budget act. The budget act, and this rule, will affect the following weights and measures operations:
Weights and Measures Service Companies
DATCP currently licenses weights and measures service companies, and is authorized to adjust license fees and surcharges by rule. This rule may adjust current license fees and surcharges.
Weights and Measures Technicians
DATCP currently certifies individual technicians employed by weights and measures service companies. A certified technician must pass an examination and pay an examination fee that is set by rule. This rule may adjust the current examination fee.
Retail Food Establishments
DATCP currently licenses retail food establishments, and inspects those establishments for compliance with weights and measures standards. DATCP is authorized to adjust weights and measures license fees and surcharges by rule. This rule may adjust current license fees and surcharges.
Vehicle Scale Operators
DATCP currently licenses vehicle scale operators (a separate license is required for each vehicle scale), and is authorized to adjust license fees and surcharges rule. This rule may adjust current license fees and surcharges.
Vehicle Scales
Under
2009 Wisconsin Act 28, a person must obtain a DATCP permit for the construction or relocation of a vehicle scale. DATCP may, for good cause, allow variances from established construction standards. Persons requesting a permit or construction standard variance must pay a fee that DATCP must set by rule. This rule may set fees for vehicle scale permits and construction standard variances.
Vehicle Tank Meter Operators
Under
2009 Wisconsin Act 28, vehicle tank meter operators must be licensed by DATCP and must pay license fees and surcharges that DATCP must establish by rule. DATCP rules may also establish standards for the construction, operation, maintenance and testing of vehicle tank meters. This rule may do all of the following:
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Establish licensing standards and procedures.
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Establish license fees and surcharges.
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Establish standards for the construction, operation, maintenance and testing of vehicle tank meters.
LP Gas Meter Operators
Under
2009 Wisconsin Act 28, LP gas meter operators must be licensed by DATCP and must pay license fees and surcharges that DATCP must establish by rule. DATCP rules may also establish standards for the construction, operation, maintenance and testing of LP gas meters. This rule may do all of the following:
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Establish licensing standards and procedures.
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Establish license fees and surcharges.
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Establish standards for the construction, operation, maintenance and testing of LP gas meters.
Reinspections
Under
2009 Wisconsin Act 28, DATCP may charge a weights and measures reinspection fee that DATCP sets by rule if DATCP reinspects because of a law violation found upon initial inspection. This rule may establish weights and measures reinspection fees. Fees may be different for different types of weights and measures. Fees will not exceed reinspection costs.
Policy Alternatives
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Do nothing. This is not a real alternative because DATCP must, at a minimum, implement the requirements of
2009 Wis. Act 28. That includes establishing initial license fee levels for entities that are licensed for the first time under Act 28.
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No change to the current fee amounts. If DATCP does not increase current fee amounts for entities that it already licenses, DATCP will soon incur a negative balance in its weights and measures program account. That will cripple Wisconsin's weights and measures program, and put consumers and businesses at risk when they buy food, fuel, building supplies and other commodities sold by weight or measure.
Statutory Authority
Comparison with Federal Regulations
There are no federal weights and measures license or fee requirements. The National Institute of Standards and Technology has published model standards for various types of weights and measures, and weights and measures inspections. DATCP has adopted many of the NIST standards by rule.
Entities Affected by the Rule
This rule will protect the consuming public and businesses that buy food, fuel construction materials and other commodities by weight or measure. This rule may affect the following entities that may be regulated or required to pay additional fees under this rule:
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Weights and measures service companies.
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Weights and measures technicians.
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Retail food establishments.
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Vehicle scale operators and installers.
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Vehicle tank meter operators.
