This rule increases current annual license fees for weights and measures service companies, as follows:
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Increases the basic license fee from $250 to $325.
•
Increases the supplementary license fee for companies operating more than one business location. The fee for each additional business location is increased from $75 to $100.
This rule increases, from $25 to $35, the current examination fee for certification of an individual weights and measures technician (5-year certification). The examination fee may be paid by the weights and measures service company that employs the technician.
LP Gas Meters
This rule does all of the following:
•
Implements statutory licensing requirements for operators of LP gas meters.
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Establishes an annual license fee of $140.
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Establishes a license fee surcharge of $350 for an applicant who was found operating an LP gas meter without a required license during the previous year.
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Establishes basic annual testing and test reporting requirements related to LP gas meters, and establishes a license fee surcharge of $350 for an applicant who failed to comply with those basic requirements in the previous year.
Vehicle Tank Meters
This rule does all of the following:
•
Implements statutory licensing requirements for vehicle tank meter operators.
•
Establishes an annual license fee of $140.
•
Establishes a license fee surcharge of $350 for an applicant who was found operating a vehicle tank meter without a required license during the previous year.
•
Establishes basic annual testing and test reporting requirements related to vehicle tank meters, and establishes a license fee surcharge of $350 for an applicant who failed to comply with those basic requirements in the previous year.
Reinspection Fees
This rule establishes reinspection fees to cover DATCP reinspection costs incurred because of law violations found on an initial inspection of a weight or measure (including a scale or other weighing or measuring device). This rule establishes the following reinspection fees for the following types of weights and measures, based on DATCP's average cost to reinspect that type of weight or measure:
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Large capacity scale (over 5,000 lbs), $300.
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Medium capacity scale ( 300-5,000lbs), $185.
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Small capacity scale (up to 300 lbs), $150.
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Vehicle tank meter, $230.
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Liquified petroleum gas meter, $360.
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Loading rack meter, $300.
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Retail motor fuel device (or similar liquid measuring device), $150.
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Timing device, $150.
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Grain moisture meter, $200.
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Package labeling accuracy, $185.
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Price accuracy, $255.
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Other reinspections, $175.
Comparison with federal regulations
States have the primary responsibility for regulating weights and measures. The National Institute of Standards and Technology (NIST) provides model regulations and standards which may be adopted and enforced by the states. This rule is not mandated by federal law.
Comparison of rules in adjacent states
Wisconsin has a well-developed weights and measures program. Wisconsin statutes authorize DATCP to license persons who operate or service weights and measures in the state and also authorize DATCP to adopt rules prescribing standards for the construction, operation and maintenance of weights and measures and to establish the fees for inspections and licenses.
Some surrounding states have less comprehensive weights and measures programs, and fewer administrative options for standardizing and regulating weights and measures. Surrounding states tend to regulate weights and measures on a more ad hoc basis. However, several surrounding states have established weights and measures fees to help fund their state programs.
Retail Food Establishments
Illinois and Minnesota charge retail food establishment scale fees, and Minnesota charges fees for package checking. Comparable Illinois scale fees range from $20-$900 annually per establishment, depending upon number of scales. Minnesota scale fees range from $35-$1125 annually per establishment, depending upon number of scales (the fee is $25 per scale). Minnesota package checking fees range from $35-$330 depending on lot size.
Weights and Measures Service Companies and Technicians
Illinois and Michigan license weights and measures service companies. Illinois has an annual license fee of $50. Michigan has a $300 biennial license fee. Minnesota does not have a licensing program (funding comes from general program revenue).
Illinois and Michigan both license service company technicians. Illinois has an annual technician license fee of $25. Michigan has a $100 technician license fee every 2 years. Minnesota does not have a licensing program (funding comes from general program revenue).
Vehicle Scales
Illinois and Minnesota both license vehicle scales. Illinois has an annual license fee of $200. Minnesota charges a range of $170-$250 per license with a Place in Service fee of $110. Michigan does not have a licensing program (funding comes from general program revenue).
LP Gas Meters
Illinois and Minnesota both license LP gas meters. Illinois has an annual license fee of $165. Minnesota has a $150 license fee with a “place-in-service" fee of $110. Michigan does not have a licensing program (funding comes from general program revenue).
Vehicle Tank Meters
Illinois and Minnesota both license vehicle tank meters. Illinois charges a range of $100 to $200 for an annual license. Minnesota's program funding comes from other sources, but does have a “place-in-service" fee of $110. Michigan does not have a licensing program (funding comes from general program revenue).
Reinspection Fees
Device
|
Illinois fees
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Michigan fees
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Minnesota fees
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Vehicle Scale
(large capacity)
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$200
|
GPR
(no fee)
|
Avg $388
|
Medium Capacity Scale
|
$75-200
|
GPR
|
$145-270
|
Small Capacity Scale
|
$20-50
|
GPR
|
$125-$250
|
Vehicle Tank Meter
|
$100-200
|
GPR
|
SEG
|
LPG Meter
|
$165
|
GPR
|
$250
|
Loading Rack Meter
|
$200
|
GPR
|
SEG
|
Retail Motor Fuel
|
$50
|
GPR
|
SEG
|
Timing Device
|
N/A
|
GPR
|
$175/hr
|
Grain Moisture Meter
|
$100
|
GPR
|
N/A
|
Package Labeling
|
N/A
|
GPR
|
$235-$530
|
Price Accuracy
|
N/A
|
GPR
|
$175-$190/hour
|
Other
|
N/A
|
GPR
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$175-190/hour
|
Small Business Impact
This rule will affect businesses that operate or service weights and measures in Wisconsin. Many affected business will pay higher fees, or will pay fees for the first time. However, the fee increases are not expected to have a major impact on overall business costs. Fees for each business category are proportionate to weights and measures program costs for that business category, and cover only a portion of program costs. A complete business impact analysis is available from DATCP.
Fiscal Estimate
This rule will increase annual DATCP revenues by an estimated $400,000 and will allow DATCP to cover a larger share of its costs to administer Wisconsin's weights and measures program. This rule will have no significant impact on local units of government. A complete fiscal estimate is available from DATCP.
Agency Contact Person
Questions and comments related to this rule may be directed to:
Michelle Reinen, Program & Policy Analyst
Dept. of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-5160
