Rule-Making Notices (Hearing Notices)

rulemaking_notices Wisconsin Administrative Register No. 648, 12/31/2009

Rule-Making Notices

Notice of Hearings

Agriculture, Trade and Consumer Protection

rulemaking_notices CR 09-105 CR 09-105

(2nd Printing)

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule to revise Chapter ATCP 92, Wis. Adm. Code, relating to weights and measures licensing and fees.

Hearing Information

DATCP will hold the public hearings at the times and locations shown below.

Monday, January 11, 2010

10:00 a.m. to 12:00 p.m.

Dept. of Agriculture, Trade and Consumer Protection

2811 Agriculture Drive, Board Room (CR-106)

Madison, Wisconsin 53718-6777

Tuesday, January 12, 2010

10:30 a.m. to 12:30 p.m.

Marathon County Public Library – Wausau Library

300 North First Street

Wausau, Wisconsin 54403

Friday, January 15, 2010

11:00 a.m. to 1:00 p.m.

Havenwoods State Forest

6141 North Hopkins Street

Milwaukee, Wisconsin 53209-3565

Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by January 8, 2010, by writing to Michelle Reinen, Division of Trade and Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, [e-mail], telephone [phone]. Alternatively, you may contact the DATCP TDD at [phone]. Handicap access is available at the hearings.

Submission of Written Comments

DATCP invites the public to attend the hearing and comment on the rule. Following the hearing, the hearing record will remain open until Friday, January 29, 2010 for additional written comments. Comments may be sent to the division of Trade and Consumer Protection at the address below, by email to [e-mail], or online at https://apps4.dhfs.state.wi.us/admrules/public/Home.

To provide comments or concerns relating to small business, you may also contact DATCP's small business regulatory coordinator Keeley Moll at the address above, or by emailing to [e-mail] or by telephone at [phone].

Copies of Proposed Rules

You may obtain a free copy of this rule, fiscal estimate, and business impact analysis by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Trade and Consumer Protection, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling [phone] or emailing [e-mail]. Copies will also be available at the hearings. To view the proposed rule online, go to http://adminrules.wisconsin.gov.

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

The Department of Agriculture, Trade and Consumer Protection (DATCP) administers state laws to ensure the accuracy of commercial weights and measures. DATCP adopts weights and measures rules, and licenses persons who operate or service weighing and measuring devices. DATCP may establish certain license fees and other fees by rule.

This rule modifies current DATCP weights and measures rules. Among other things, this rule implements 2009 Wis. Act 28 (biennial budget act). Act 28 changed state weights and measures laws, including laws related to vehicle scales, weights and measures service companies, vehicle tank meters and liquefied petroleum (LP) gas meters. Act 28 created new license requirements, and authorized DATCP to establish certain license fees and surcharges by rule. Act 28 also authorized DATCP to charge reinspection fees to help pay for reinspections made necessary by weights and measures law violations.

Statutes interpreted

Sections 93.06 (1p), 93.07 (1), 97.30 (3m) (c) 3., 98.03 (2), 98.16, 98.18, 98.224, 98.245 and 98.255, Stats.

Statutory authority

Sections 93.07 (1), 97.30 (5), 98.03 (2), 98.16 (4), 98.18 (2), 98.224 (4), 98.245 (9) and 98.255 (2), Stats.

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:

•   Be annually licensed by DATCP and pay an annual license fee for each vehicle scale (DATCP may adjust license fees by rule).

•   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).

•   Obtain a permit from DATCP before installing or relocating a vehicle scale (Act 28 authorizes DATCP to charge a permit fee).

•   Comply with scale construction standards, unless DATCP grants a variance (Act 28 authorizes DATCP to charge a fee for processing variance requests).

•   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:

•   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).

•   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:

•   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).

•   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.

•   Pay reinspection fees for reinspections made necessary by law violations (DATCP may adopt reinspection fees by rule under s. 98.255, Stats.).