98.16(3)
(3) Rules. The department may promulgate rules to establish license fees under
sub. (2) (b) and to regulate the operation of vehicle scales. The rules may include all of the following:
98.16(3)(a)
(a) Standards for the construction and maintenance of vehicle scales.
98.16(3)(b)
(b) Requirements for testing and certification of vehicle scales.
98.16(3)(c)
(c) Requirements for record keeping and reporting related to the testing and certification of vehicle scales.
98.16 History
History: 1993 a. 16.
98.18
98.18
Installing and servicing weights and measures. 98.18(1)(a)1.1. Except as provided in
subd. 2., a person may not engage in the business of installing, servicing, testing or calibrating weights and measures without a license from the department. A license expires on December 31 annually. The department shall provide a license application for persons applying for a license. The form may require information reasonably required by the department for licensing purposes. A license application shall be accompanied by applicable fees under
pars. (b) and
(c).
98.18(1)(a)2.a.
a. A person who installs, services, tests or calibrates weights and measures only as an employe of a person who is required under this paragraph to hold a license to perform those services.
98.18(1)(a)2.b.
b. An inspector or metrologist employed by this state, a county or a municipality to test or calibrate weights and measures.
98.18(1)(b)
(b) The fee for a license under
par. (a) is $100, except that the department may establish a different fee by rule.
98.18(1)(c)
(c) An applicant for a license under
par. (a) shall pay a license fee surcharge of $100 in addition to the license fee if the department determines that within one year prior to submitting the license application the applicant engaged in the business of installing, servicing, testing or calibrating weights and measures without a license as required by
par. (a). Payment of the license fee surcharge does not relieve the applicant of any other civil or criminal liability that may result from the unlicensed activity but shall not constitute evidence of violation of a law.
98.18(1)(d)
(d) The department shall not issue or renew a license under
par. (a) unless the applicant pays all fees required under
pars. (b) and
(c) as set forth in a statement issued by the department. The department shall refund a fee paid under protest if the department determines that the fee was not required to be paid under this section.
98.18(2)
(2) Rules. The department may promulgate rules to establish license fees under
sub. (1) (b) and to regulate the installation, servicing, testing and certification of weights and measures. The rules may include record-keeping and reporting requirements.
98.18(3)
(3) Prohibited practices. A person who installs, services, tests or calibrates weights and measures may not do any of the following:
98.18(3)(a)
(a) Install or adjust a weight or measure to make the weight or measure incorrect or to cause the weight or measure to violate this chapter or rules promulgated under this chapter.
98.18(3)(b)
(b) Misrepresent that a weight or measure is correct.
98.18(3)(c)
(c) Use any test weight or measure that has not been inspected, tested and approved by the department or by a laboratory certified by the national institute of standards and technology.
98.18 History
History: 1993 a. 16.
98.21
98.21
Bread, standard loaves. 98.21(1)
(1) Except as provided in
sub. (2), the weight of a loaf of bread manufactured, procured, made or kept for sale, offered for sale, or sold, for use or consumption within this state, shall be a multiple of 4 ounces and at least one-half pound avoirdupois weight. A variation or tolerance of one ounce in excess or one ounce in deficiency per pound from the weights provided for in this section shall be allowed in the weight of individual loaves of bread, but the average weight of at least 10 loaves of any one size shall not be less than the standard weight prescribed in this section. If 10 loaves of the same approximate size are not available, then the weight of all available loaves shall be used to decide the average weight, but in no case shall said number be less than 5.
98.21(2)
(2) The provisions of this section shall not apply to any of the following:
98.21(2)(a)
(a) Rolls, buns, biscuits, crackers and similar articles weighing less than 4 ounces avoirdupois each.
98.21(2)(b)
(b) Stale bread, provided that such bread be conspicuously marked "stale bread", or placed in a container conspicuously marked "stale bread", and sold as and for stale bread.
98.21(2)(c)
(c) Bread manufactured and sold for persons requiring special breads due to a medical condition.
98.21(3)
(3) No person, by himself or herself or by a servant or agent, no firm or corporation, in its own behalf or by a servant or agent, and no person, firm or corporation as the servant or agent of another person, firm or corporation, shall manufacture, procure, make or keep for sale, offer or expose for sale, or sell, bread in the form of loaves of weights other than provided for in
sub. (1) and in excess of the tolerances provided for therein.
98.22
98.22
Bulk deliveries sold in terms of weight and delivered by vehicle. 98.22(1)(1) When a commodity in bulk is delivered by vehicle to an individual purchaser and the commodity is sold in terms of weight units, the delivery shall be accompanied by a duplicate delivery ticket with the following information clearly stated in ink or by means of other indelible marking equipment:
98.22(1)(c)
(c) The net weight of the delivery expressed in pounds.
98.22(1)(d)
(d) The gross and tare weights of the delivery if the net weight of the delivery is derived from determination of gross and tare weights.
98.22(2)
(2) Where milk is picked up at farms, only the identity of the vendor and the net weight need be stated.
98.22(3)
(3) One of the duplicate delivery tickets required under
sub. (1) shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of delivery of the commodity, or shall be surrendered, on demand to the inspector or sealer, who may retain it as evidence and issue a weight slip in lieu thereof for delivery to the purchaser. If the purchaser carries away the purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of commodity delivered to the purchaser. If the commodity is to be weighed by the purchaser, the purchaser shall furnish the vendor the duplicate delivery ticket provided for in this section.
98.22 History
History: 1993 a. 492;
1995 a. 225.
98.225
98.225
Deliveries of certain liquid fuels. 98.225(1)
(1) In this section, "liquid fuel" means gasoline, kerosene, fuel oil, diesel fuel or alternate fuels, as defined in
s. 78.39 (1).
98.225(2)
(2) No person may sell liquid fuel by liquid measure and deliver it by a vehicle equipped with a pump and metering device unless the pump and metering device is equipped with a delivery ticket printer. Except as provided in
sub. (3), the seller shall, at the time of delivery, either provide a copy of the delivery ticket printed by the delivery ticket printer to the purchaser or leave a copy at the place of delivery. The delivery ticket shall contain all of the following information:
98.225(2)(c)
(c) A description of the liquid fuel delivered.
98.225(2)(d)
(d) The meter reading showing the volume of liquid fuel delivered.
98.225(3)
(3) If there is a malfunction with the delivery ticket printer, the seller shall, at the time of delivery, either provide the purchaser or leave at the place of delivery the information required under
sub. (2) in written form.
98.225 History
History: 1993 a. 234.
98.245
98.245
Liquefied petroleum gas sales. 98.245(1)
(1)
Sales except by units of measurement prohibited. It is unlawful to sell or offer to sell at retail any liquefied petroleum gas except by avoirdupois weight, specified in pounds; liquid measure, specified in gallons; or vapor measure, specified in cubic feet, or such other units as may be approved by the department.
98.245(2)
(2) Packages to bear tare weight. When liquefied petroleum gas is sold or offered for sale at retail by weight, in portable containers, the tare weight of the container shall be plainly and conspicuously marked on the outside of the container. Tare weight shall not be construed to include the valve protecting cap, which shall be removed when weighing. It is unlawful to sell or offer or expose for sale liquefied petroleum gas in packages or containers which do not bear a statement as to tare weight as required by this section, or which packages or containers bear a false statement as to tare weight, provided packages intended to be used only once and clearly marked with the statement "not refillable" are exempt from this tare weight requirement.
98.245(3)
(3) Refilling; credit. When liquefied petroleum gas is sold by the package or container, either by a refilling of a container or an exchange of containers, the vendor shall give the purchaser full credit for the unused liquid remaining in a container being exchanged or refilled.
98.245(4)
(4) Correction to temperature of volume sold. 98.245(4)(a)(a) When liquefied petroleum gas is sold or delivered to a consumer as a liquid and by liquid measurement the volume of liquid so sold and delivered shall be corrected to a temperature of 60 degrees Fahrenheit through use of an approved volume correction factor table, or through use of an approved meter with sealed automatic compensating mechanism. All sale tickets shall show the delivered gallons, the temperature at the time of delivery and the corrected gallonage, or shall state that temperature correction was automatically made.
98.245(4)(b)
(b) When liquefied petroleum gas is sold or delivered to a consumer in vapor form by vapor measurement, the volume of vapor so sold and delivered shall be corrected to a temperature of 60 degrees Fahrenheit through the use of an approved meter equipped with a sealed automatic temperature compensating mechanism. This paragraph shall apply to all meters installed for use in the vapor measurement of liquefied petroleum gas in vapor form after May 24, 1978. This paragraph does not prohibit the continued use of meters previously installed without a self- sealing automatic temperature compensating mechanism, but no such meter may be continued in use after January 1, 1986, unless brought into compliance with this paragraph.
98.245(5)
(5) Sales tickets to show quantity sold. Sales tickets or invoices shall show the quantity of liquefied petroleum gas sold, expressed in pounds, or gallons as set forth in
sub. (4), or cubic feet, or other unit approved by the department. When vapor meters reading in approved units other than cubic feet are used, the invoice shall clearly indicate to the purchaser a factor to convert to cubic feet.
98.245(6)(a)(a) No person may sell liquefied petroleum gas and deliver it by a vehicle equipped with a pump and metering device unless the pump and metering device is equipped with a delivery ticket printer. Except as provided in
par. (b), the seller shall, at the time of delivery, either provide a copy of the delivery ticket printed by the delivery ticket printer to the purchaser or leave a copy at the place of delivery. The delivery ticket shall contain all of the following information:
98.245(6)(a)3.
3. The meter reading showing the volume of liquefied petroleum gas delivered.
98.245(6)(b)
(b) If there is a malfunction with the delivery ticket printer, the seller shall, at the time of delivery, either provide the purchaser or leave at the place of delivery the information required under
par. (a) in written form.
98.246
98.246
Petroleum product sales. 98.246(1)
(1) In this section, "petroleum products" has the meaning given under
s. 168.03.
98.246(2)
(2) Petroleum products may not be sold from a terminal or storage facility in this state on any basis other than gross volume without correction for temperature.
98.246 History
History: 1983 a. 251.
98.25
98.25
Vehicle scales: annual testing. 98.25(1)
(1) The owner or operator of a scale with a weighing capacity of 5,000 pounds or more used for the commercial weighing of commodities shall cause the scales to be tested and inspected annually for accuracy by an independent scale testing or service company in accordance with specifications, tolerances, standards and procedures established by the national institute of standards and technology and the department for the testing and examination of scales, using test weights approved by the department. The annual tests and inspections shall be at the expense of the owner or operator.
98.25(2)
(2) A scale testing or service company conducting a test under
sub. (1) shall, at the time of testing and inspection, promptly furnish to the owner or operator of the scale a report showing the results of the test and inspection with an additional copy for the department. The owner and operator of a scale which is found to be inaccurate at the time of testing shall immediately withdraw the scale from further use until necessary corrections, adjustments or repairs are made and the scale is determined to be accurate by the scale testing or service company. A copy of the report prepared by the scale testing or service company shall be filed with the department by the owner or operator of the scale within 15 days after the test and inspection has been completed. The department shall maintain a list open for public inspection of all scales tested and found to be accurate on the annual test.
98.25(3)
(3) No person may falsify a test or determination of the accuracy of a vehicle scale tested under
sub. (1) or file with the department a false report of a test of a vehicle scale under
sub. (1).
98.25(4)
(4) This section does not apply to a railway scale used exclusively for the weighing of commodities on railroad track vehicles.
98.25 History
History: 1981 c. 20;
1989 a. 165.
98.26
98.26
Prohibited acts; penalty; injunction. 98.26(1)
(1) A person who does any of the following acts shall forfeit not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $1,000 for a subsequent offense. A person who intentionally does any of the following acts shall be fined not more than $10,000 or imprisoned not more than 9 months or both:
98.26(1)(a)
(a) Hinders, obstructs or impersonates a sealer or inspector.
98.26(1)(b)
(b) Uses or has in possession for use in buying or selling any commodity or service, or sells, any incorrect weight or measure or causes a weight or measure to be incorrect.
98.26(1)(c)
(c) Represents in any manner a false quantity or price in connection with the purchase or sale, or any advertising thereof, of any commodity, thing or service.
98.26(1)(d)
(d) Uses or disposes of any rejected weight or measure, or commodity, or removes therefrom any official tag, seal, stamp or mark, without written authority from a sealer or inspector.
98.26(1)(f)
(f) Violates any other provision of this chapter or any rules promulgated under this chapter for which no specific penalty is prescribed.
98.26(2)
(2) Upon application of the department or a municipality, a circuit court may grant a temporary or permanent injunction restraining any person from violating any provision of this chapter.
