1. (1) Except as provided in this chapter, weighing and measuring devices shall comply with applicable specifications, tolerances, and other technical requirements set forth in NIST Handbook 44.

   Note: See s. 98.03 (2), Stats. The 2024 edition of  NIST Handbook 44, Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices, is on file with the department and the legislative reference bureau. Copies may be obtained online at https://www.nist.gov/pml/owm/publications/nist-handbooks.

2. (2) Except as provided in sub. (3), no person may sell, offer for sale, use, or distribute for use in this state a weighing or measuring device unless the device is a type or model certified by one of the following:

   1. (a) The chief of the office of weights and measures of NIST.

   2. (b) The national type evaluation program administered by the national council on weights and measures.

      Note: Devices certified under par. (b) are commonly known as “NTEP−approved” devices.

3. (3) Subsection (2) does not apply to any of the following:

   1. (a) A commercial weighing or measuring device that is first put into use in this state before January 1, 1997.
   2. (b) A commercial weighing or measuring device that is designed, built, or customized for a specific application at a single location.
   3. (c) A commercial weighing or measuring device for which neither the NIST nor the national council on weights and measures has yet adopted testing and certification procedures, provided that the department authorizes the sale and use of that device in this state. A person seeking department authorization shall apply to the department in writing. The application shall include relevant engineering and use specifications for the device, and shall document that neither the NIST nor the national council on weights and measures has yet adopted testing and certification procedures for that device. The department shall grant or deny authorization within 30 days after the department receives a complete application, including any supplementary information requested by the department.

4. (4) A commercial weighing or measuring device is no longer considered a type or model certified under sub. (2) if any of the following applies:

   1. (a) Parts or components of a type specifically certified under sub. (2) are replaced with parts or components not certified under sub. (2).
   2. (b) The device is repaired or remanufactured with parts or components that are inconsistent with the manufacturer’s metrological design.
   3. (c) The repair or remanufacture of the device causes the device to be in violation of any applicable standard under sub. (1).
5. (5) No person may misrepresent that a weighing or measuring device is a type or model certified under sub. (2).
6. (6) No person may cause a weight or measure to be incorrect.

7. (7) A person who manufactures or distributes a commercial weighing or measuring device violates sub. (6) if all of the following apply:

   1. (a) The person knows or reasonably should know that the weighing or measuring device has a latent or patent defect that may cause an incorrect weight or measure.
   2. (b) The person fails to take steps, which that person is reasonably capable of taking, which would prevent the defect from causing incorrect weights or measures.
   3. (c) The defective weighing or measuring device causes an incorrect weight or measure which is attributable, at least in part, to the defect in the device.

History

History: Cr. Register, December, 1991, No. 432, eff. 1–1–92; renum. (intro.) to (1), cr. (2) to (5), Register, December, 1995, No. 480, eff. 1-1-96; cr. (6) and (7), Register, June, 1998, No. 510, eff. 7-1-98; CR 02-141: am. (1), r. and recr. (2) Register August 2003 No. 572, eff. 9-1-03; CR 04-005: am. (1) and (3) (c) Register October 2004 No. 586, eff. 11-1-04; CR 06-028: am. (1) Register November 2006 No. 611, eff. 12-1-06; CR 08-075: am. (1) Register April 2009 No. 640, eff. 5-1-09; CR 10-122: am. (1) Register July 2011 No. 667, eff. 8-1-11; CR 13-043: am. (1) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (1), (2) (a), (3) (c) Register May 2015 No. 713, eff. 6-1-15; CR 23-057: am. (2) (a), (b) Register June 2025 No. 834, eff. 7-1-25; correction in (2) (b), (3) (c) made under s. 35.17, Stats., Register July 2025 No. 835.