98.18
98.18
Installing and servicing weights and measures. 98.18(1)(a)(a) Except as provided in
par. (bm), no person may 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.
98.18(1)(bm)1.
1. A person who installs, services, tests or calibrates weights and measures only as an employee of a person who is required under
par. (a) to hold a license to perform those services.
98.18(1)(bm)2.
2. An inspector or metrologist employed by this state, a county or a municipality to test or calibrate weights and measures.
98.18(1d)
(1d) License application. An applicant for a license issued under
sub. (1) (a) shall apply on a form provided by the department. The applicant shall provide on the form information that is reasonably required by the department for issuing licenses under this section. The license application shall be accompanied by the applicable fees under
subs. (1h) and
(1p).
98.18(1h)
(1h) License fees. Unless the department establishes different fees by rule, the following annual license fees shall apply:
98.18(1h)(a)
(a) If the applicant solely engages in installing, servicing, testing or calibrating weights and measures that the applicant owns, the applicant for a license under
sub. (1) (a) shall pay a license fee in the amount of $100.
98.18(1h)(b)
(b) If the applicant installs, services, tests or calibrates weights or measures for others, the applicant for a license under
sub. (1) (a) shall pay all of the following:
98.18(1h)(b)2.
2. A supplementary license fee of $50 for each additional business location if the applicant operates from more than one business location.
98.18(1p)
(1p) Surcharge for operating without a license. An applicant for a license under
sub. (1) (a) shall pay a license fee surcharge of $200 in addition to the license fee if the department determines that within one year before making the application the applicant violated
sub. (1) (a). Payment of this surcharge does not relieve the applicant of any other civil or criminal liability that the applicant may incur because of the violation of
sub. (1) (a), but does not constitute evidence of violation of a law.
98.18(1t)
(1t) License contingent on fee payment. The department may not issue or renew a license under
sub. (1) (a) unless the applicant pays all fees required under
subs. (1h) and
(1p) 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. (1h) 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;
1997 a. 27.
98.21
98.21
Sale of bread. 98.21(1)(1) Except as provided in
sub. (2), no person may manufacture for sale in this state, offer to sell or sell bread unless the bread is sold by weight.
98.21(2)
(2) Subsection (1) does not apply to stale bread if the bread is conspicuously marked "stale bread" or is placed in a container conspicuously marked "stale bread" and sold as and for stale bread.
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 a meter that is equipped with a sealed automatic compensating mechanism and that is in compliance with
sub. (7). 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 a meter that is 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.
Subsection (7) does not apply to meters used to sell or deliver liquefied petroleum gas that are subject to 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 meter unless the meter is equipped with a delivery ticket printer and is in compliance with
sub. (7). 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.
98.245(7)
(7) Meters; registration; testing; fees. 98.245(7)(a)1.1. The department shall promulgate rules to require owners to register meters that are used to measure amounts of liquefied petroleum gas the sale or delivery of which is subject to
sub. (4) (a).
98.245(7)(a)2.
2. The owner of a meter shall pay to the department a one-time fee of $25 to register a meter under
subd. 1. The owner shall pay the fee within 60 days after the effective date of the rules promulgated under
subd. 1., or within 60 days after the owner acquires a meter for which a registration fee has not been paid, whichever is later.
98.245(7)(a)3.
3. If an owner of a meter fails to comply with
subd. 2., the department may assess the owner a fee of not more than $250 for that meter. If the owner does not pay the fee under this subdivision within 30 days after it is assessed, the department shall increase the fee by $10 for each day thereafter until the owner of the meter complies with
subd. 2.
98.245(7)(b)1.1. The owner of a meter required to be registered under
par. (a) shall have the meter tested annually by a meter servicing company that is licensed by the department.
98.245(7)(b)2.
2. A meter servicing company shall file with the department a report, for each meter, containing the results of the testing under
subd. 1. within 30 days after completing the testing.
98.245(7)(b)3.
3. If the department determines that a meter has not been tested within the last year, the department shall notify the owner. The owner shall have 30 days after being notified to have the meter tested.
98.245(7)(b)4.
4. If the owner fails to have the owner's meter tested as required under
subd. 3., the department may assess the owner a fee of not more than $100 for that meter.
98.245(7)(b)5.
5. If the meter servicing company fails to file a report in compliance with
subd. 2. for a meter, the department may assess the meter servicing company a fee of up to $100 for each report.
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.
98.25 Cross-reference
Cross Reference: See also ch.
ATCP 92, Wis. adm. code.
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.
