Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the
December 31, 2009,
Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
Rule revising Chapter
ATCP 91
, relating to method of sale of commodities, including method of sale by weight, measure or count. Effective 1-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule changes current rules, which regulate methods of sale of commodities (including required methods of sale by weight, measure or count), to make them consistent with standards published by the National Institute of Standards and Technology ("NIST") and adopted by 45 other states. This rule also updates and clarifies current rule coverage.
NIST has published specific method-of-sale standards for certain commodities (these standards typically address consumer protection or fair competition issues that have arisen in connection with those particular commodities). This rule incorporates current NIST standards for the following commodities (subject, in some cases, to exceptions required by Wisconsin law):
Food products
•
Meat, poultry, fish and seafood.
•
Dairy products.
•
Fresh fruits and vegetables.
•
Butter, margarine and like spreads.
•
Flour, corn meal and like products.
•
Pickles and pickle relish.
Non-food products
•
Fence wire.
•
Coatings.
•
Fireplace and stove wood.
•
Peat and peat moss.
•
Prefabricated utility buildings.
•
Roofing and roofing material.
•
Sealants.
•
Sod and turf.
•
Softwood lumber.
•
Carpet.
•
Hardwood lumber (retail)
•
Polyethylene products.
•
Insulation.
•
Precious metals.
•
Mulch.
•
Liquefied petroleum gas.
•
Liquid oxygen for respiration.
•
Animal bedding.
•
Wiping cloths.
•
Baler twine.
•
Potpourri.
•
Communication paper.
•
Bulk sand, rock, gravel and stone.
This rule incorporates the following general NIST standards (or makes DATCP rules more consistent with those NIST standards):
•
Price declarations for food commodities sold from bulk by weight (must be shown per whole unit, not fractional unit, of weight).
•
Price presentation (showing fractions of a cent).
•
Combination quantity declarations.
•
Vending machine labeling.
•
Railroad car tare weights.
DATCP has not incorporated a small business enforcement policy in this rule. This rule will benefit businesses that sell commodities in more than one state, because it incorporates many of the NIST model standards and thus makes Wisconsin standards more consistent with standards used in 45 other states. While this rule does add some new standards to current rules, those standards are based on NIST standards with which most affected businesses are already complying.
Summary of Comments by Legislative Review Committees
On August 13, 2009, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection and to the Assembly Committee on Agriculture. The Senate Committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection did not hold a hearing and took no action. The Assembly Committee on Agriculture did not hold a hearing and also took no action.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Rule revising section
A-E 6.03
, relating to land surveying experience. Effective 1-1-10.
Summary of Final Regulatory Flexibility Analysis
This citation correction of the rule will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Rule creating Chapter
A-E 10
, relating to continuing education for land surveyors. Effective 1-1-10.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Rule revising section
A-E 8.03 (5)
, relating to the definitions of supervision, direct supervision, responsible charge, and direction and control. Effective 1-1-10.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
Rule revising section
A-E 8.08 (3)
and
(4)
, relating to failure to respond to information requests in conjunction with an investigation of a complaint filed against a registrant. Effective 1-1-10.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Children and Families
Family and Economic Security, Chs. DCF 101-153
Rule revising Chapter
DCF 120
, relating to emergency assistance for needy families. Effective 1-1-10.
Summary of Final Regulatory Flexibility Analysis
The rule will affect small businesses as defined in s.
227.114 (1)
, Stats., but will not have a significant economic impact on a substantial number of businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Fee Schedule, Ch. Comm 2
Plumbing, Chs. Comm 81-87
Rule revising Chapters
Comm 2
and
82
, relating to permits to operate, registration and filing fees. Effective 1-1-10.
Summary of Final Regulatory Flexibility Analysis
The rules increase the fees for permits to operate which will affect businesses which own any boiler, pressure vessel, anhydrous ammonia system, mechanical refrigeration system, conveyance and passenger ropeway.
The revisions regarding the cross connection control program will affect businesses where certain types of cross connection control assemblies are to be installed or exist to protect public water supplies.
Summary of Comments by Legislative Review Committees
No comments were received.
Financial Institutions — Banking
Rules revising Chapters
DFI-Bkg 40
to
44
, repealing Chapter
DFI-Bkg 45
, and creating Chapter
DFI-Bkg 47
, relating to the transition from a registration system to a license system under subch.
III of Ch. 224
, Stats., branch offices, mortgage broker agreements, surety bonds, and trade names. Effective 1-1-10; except the repeal eff. 1-1-11.
Summary of Final Regulatory Flexibility Analysis
This rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Financial Institutions — Securities
Rules revising Chapters
DFI-Sec 1
to
5
,
7
and
9
, relating to minor revisions to securities sections for conformity with Wisconsin securities statutes, filings, and securities agent examination matters. Effective 1-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Transportation
Rules revising section
Trans 315.03 (1)
, relating to safety belt medical use exemption. Effective 1-1-10.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
