As used in this chapter, the following terms shall have the
meanings indicated:
DEPARTMENT
The Village of Kimberly Department of Health.
INCORRECT
As applied to weights, measures and commodities, includes
any failure to comply with the requirements of this chapter.
PACKAGE
Any commodity put up or packaged in any manner in advance
of sale in units suitable for either wholesale or retail sale.
SELL, SALE and SOLD
Includes barter or exchange and any offering or exposing
for sale or possession with the intent to sell.
WEIGHT
Net weight when used in reference to a commodity.
WEIGHTS AND MEASURES
Weights and measures of every kind, instruments and devices
for weighing and measuring, counting or pricing, and any appliances
and accessories used with any or all such instruments and devices,
except meters for the measurement of electricity, gas (natural and
manufactured), or water when the meters are operated in a public utility
system and scales under the control of the Department of Agriculture,
Trade and Consumer Protection.
For the purpose of this chapter, proof of the existence of a
weight or measure or a weighing or measuring device in or about any
building, enclosure, stand or vehicle in which or from which it is
shown that buying or selling is commonly carried on shall, in the
absence of conclusive evidence to the contrary, be presumptive proof
of the regular use of such weight or measure or weighing or measuring
device for commercial purposes and of such use by the person in charge
of such building, enclosure, stand or vehicle.
The Village Sealer and Deputy Sealers shall be appointed by
the Village Administrator subject to confirmation by the Village Board.
The Department shall keep a complete record of its work and annually
shall file a report thereof with the State Department of Agriculture,
Trade and Consumer Protection and the Village Board. The Department
shall also file such other reports as may be required.
The following federal standards, Wisconsin Statutes, and state administrative rules are adopted by reference and shall be enforced by this chapter, with violations of such provisions subject to the penalties set forth in §
476-19:
A. Wisconsin Statutes.
(1) Chapter
98, Weights and Measures.
(2) Sections
of Chapter 97 pertaining to product labeling, specifically including
the following:
(a)
Section 97.03, Standards; misbranding.
(b)
Section 97.07, Interpretation.
(d)
Section 97.12, Enforcement.
(3) Sections
of Chapter 100 pertaining to advertising, specifically including:
(a) Section 100.18, Fraudulent representations.
(b) Section 100.183, Fraud, advertising foods.
B. Wisconsin Administrative Code.
(1) Chapter
ATCP 90, Fair Packaging and Labeling.
(2) Chapter
ATCP 91, Selling Commodities by Weight, Measure or Count.
(3) Chapter
ATCP 92, Weights and Measures.
(4) Chapter
ATCP 109, Freezer Meat and Food Service Plans.
(5) Chapter
ATCP 124, Price Comparison Advertising.
C. National Institute of Standards and Technology (NIST) Handbook 44,
U.S. Department of Commerce, Specifications, Tolerances and Other
Technical Requirements for Weighing and Measuring Devices.
Whoever does any of the following acts shall be subject to the
penalty provided in § 467-19:
A. Hinders, obstructs or impersonates the Sealer or Deputy Sealer.
B. Uses or has in possession for use in buying or selling any commodity
or service or sells any incorrect weight or measure.
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.
D. Uses or disposes of any rejected weight or measure commodity or removes
therefrom any official tag, seal, stamp or mark without written authority
from the Sealer or Deputy Sealer.
E. Uses any weighing or measuring device in determining the quantity of any commodity or service to be sold or purchased without having the device approved and sealed by the Sealer and the proper certificate obtained in accordance with §
476-8 below.
F. Violates any other provision of this chapter.
The owner, operator or user of any commercial weights and measures
equipment, devices or associated equipment is responsible for the
accuracy and maintenance of the equipment.
A. Duty to notify. It shall be the duty of every owner, operator or
user to notify the Sealer in writing of the acquisition of any device,
whether new, rebuilt or used, or of the major repair, conversion or
calibration of any device already in use. The notification shall be
accomplished within 72 hours of the introduction or reintroduction
into use of the device.
B. Security seals. Commercial weights and measures devices regulated by this chapter shall bear security seals appropriately affixed to any adjustment mechanisms designed to be sealed. The security seals shall bear the mark and imprint of the Sealer or Deputy Sealer or other weights and measures official, or service persons authorized by the Sealer. The security seal may only be removed to facilitate repairs of devices. The Sealer or Deputy Sealer shall be notified of the repairs and removal of the seal within 72 hours of removal or of the introduction of a new, rebuilt or used device, in accordance with Subsection
A above, so that the devices may be sealed or resealed.
C. Transient merchants. Transient merchants purchasing or selling commodities
or services by weight or measure either from bulk or in packaged form
shall notify the Sealer and receive the approval of the Sealer before
purchasing or selling activities may be commenced. At the Sealer's
discretion, the transient merchant may be approved for a calendar
year and the subsequent notification requirement may be waived. Sellers of farm produce and seafood
vendors operating from other than a continuous, permanent location
shall also meet these requirements. Transients operating as part of
a licensed Village farm market are exempted from this requirement.
The magnitude of permitted variations from declared quantity
shall be determined as follows:
A. Basis. The compliance of commodities sold, either in bulk or in prepackaged
form, shall be based upon the results of the application of inspection
procedures and tolerances as set forth by the State Department of
Agriculture, Trade and Consumer Protection.
B. Post-testing violations. Commodities, both in bulk or prepackaged
form, found in violation of this chapter after test and analysis of
a random or statistical sample, shall be acted upon either individually
or on a by-the-lot basis.
Whenever a commodity in bulk or packaged form is advertised
in any manner and the price of the commodity is stated in the advertisement,
there shall be closely and conspicuously associated with such statement
of price a declaration of the quantity of the contents offered in
the case of packaged commodity or of the price per unit and the unit
based upon in the case of a bulk commodity.
A. Consistency between package and advertising. When the commodity is
in packaged form, the quantity, as it appears on the package, shall
likewise appear in the advertisement, provided that, where the law
or regulation requires a dual declaration, only that declaration setting
forth the quantity in terms of the smaller unit of weight or measure
(the declaration that is required to appear first on the package)
need appear in the advertisement.
B. Appropriate method of sale. Whenever any commodity is advertised as described, the appropriate method of sale as set forth in §
476-9 and in state statutes adopted by reference shall also be applied in the advertisement.
C. Qualifying terms prohibited. There shall not be included as part
of the declaration required under this subsection such qualifying
terms as "when packaged," "minimum," "not less than," or any other
terms of similar import, nor any term qualifying a unit of weight,
measure or count (for example, "jumbo," "giant," "full," and the like)
that tends to exaggerate the amount of commodity in the package.
All heating oils and motor fuels shall be sold by liquid measure
or by net weight. In the case of each delivery of liquid fuel not
in package form and in an amount greater than 10 gallons in the case
of sale by liquid measure or 100 pounds in the case of sale by weight,
there shall be rendered to the purchaser, either at the time of delivery
or within a period mutually agreed upon in writing or otherwise between
the vendor and the purchaser, a delivery ticket or a written statement
on which, in ink or other indelible substance, there shall be clearly
and legibly stated:
A. The name and address of the vendor;
B. The name and address of the purchaser;
C. The identity of the type of fuel comprising the delivery;
D. The unit price, that is the price per gallon or per pound, as the
case may be, of the fuel delivered;
E. In the case of sale by liquid measure, the liquid volume of the delivery,
together with the print meter readings from which such liquid volume
has been computed, expressed in terms of the gallon and its binary
or decimal subdivisions; and
F. In the case of sale by weight, the net weight of the delivery, together
with any weighing scale readings, from which such net weight had been
computed, expressed in terms of tons or pounds avoirdupois.
Every wholesaler, retailer and every other person selling or
distributing motor fuel, heating oil or solvents in the Village shall
keep posted in a conspicuous place, accessible to the public, at his/her
place of business and on every pump from which delivery is made directly
into the fuel tank attached to a motor vehicle or into any other vessel
brought into the same premises by the user, a placard, sign or the
like clearly stating the identity of each product dispensed, i.e.,
the grade, blend or mixture of the product, and the net selling price
per gallon, along with the amount of all taxes per gallon thereon,
except that no such placard shall be required on a computer pump whereupon
the information described is legibly shown on the face.
This chapter shall be enforced through the issuance of citations in accordance with Chapter
22, Citations, of this Code.