Chapter 98 — WEIGHTS AND MEASURES

98.01 Definitions. As used in this chapter, unless the context requires otherwise: (1) “Incorrect” as applied to weights and measures and commodities includes any failure to comply with the requirements of this chapter or rules issued thereunder. (2) “Inspector” means a state ins…

98.02 Systems of weights and measures; special units. (1) The system of weights and measures in customary use in the United States or the metric system of weights and measures shall be the only systems used for commercial purposes in this state. The definitions of basic units of …

98.03 State standards; specifications and tolerances. (1) Weights and measures obtained by the state as standards and certified for use as such by the national institute of standards and technology shall be the state standards of weight and measure. They shall be in the custody o…

98.04 Municipalities. (1) Except as provided in sub. (2), a municipality having a population of more than 5,000, according to the most recent population estimate made by the department of administration under s. 16.96, shall enforce the provisions of this chapter within its juris…

98.05 Enforcement authority; measurement center laboratory. (1) There is hereby conferred upon sealers and inspectors of weights and measures, police power; such sealers and inspectors shall be provided with suitable badges or insignia of authority and in the exercise of their fu…

98.06 Method of sale of commodities. (1) Commodities in liquid form shall be sold by liquid measure and commodities not in liquid form shall be sold by weight but liquid commodities may be sold by weight and commodities not in liquid form may be sold by count or measure if such m…

98.07 Declaration of quantity. (1) No commodity which is marked, tagged or labeled, or for which a sign is displayed, with a selling price, shall be sold unless the weight, measure or count of the commodity is conspicuously declared on the commodity or its tag, label or sign, but…

98.08 Price refunds; price information. (1) A person who uses an electronic scanner to record the price of a commodity or thing and who sells the commodity or thing at a price higher than the posted or advertised price of that commodity or thing at least shall refund to a person …

98.12 Sale of ice cream and similar frozen products. Ice cream, ice milk, water ices or other frozen desserts of a similar nature packaged prior to sale shall be sold by liquid measure. This section does not apply if the products are packaged at time of sale at retail or sold in …

98.13 Milk or cream tests; samples; patrons’ statement. (1) The Babcock or ether extraction tests shall be used to determine the milk fat content of milk or cream purchased by or sold to dairy plants, but the department may issue rules permitting the use of other methods or devic…

98.14 Standardization of Babcock pipettes. (1) All bottles and pipettes used in measuring milk or milk products to determine the percentage of fat in the milk or milk products shall have clearly blown or otherwise permanently marked in the side of the bottle or pipette the word “…

98.145 Licensing of milk and cream testers. (1) To secure fair and accurate tests to producers and manufacturers for the determination of the basis of payment or for settlement for such milk or cream, or for the purpose of official inspection, or for the making of records of dair…

98.146 Licensing milk weighers and samplers. (1) All persons except licensed cheesemakers and buttermakers taking weights and samples of milk in bulk tanks or measuring milk in bulk tanks to determine weight, on the farm premises where such milk is produced, shall be licensed by …

98.15 False testing. (1) No person shall manipulate, underread or overread or make any false determination by the Babcock test or any other test used for determining the value of milk or cream. No person shall make any false record or report of the results of any such test. May 2…

98.16 Vehicle scale operators; scale installation and testing. (1) DEFINITIONS. In this section “vehicle scale” means a commercial scale that is designed to weigh loaded or unloaded highway, farm or industrial vehicles, except that it does not include a scale that is operated exc…

98.18 Installing and servicing weights and measures. (1) LICENSE REQUIRED. (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 D…

98.21 Sale of bread. (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. (2) Subsection (1) does not apply to stale bread if the bread is conspicuously marked “stale bread” or is pla…

98.22 Bulk deliveries sold in terms of weight and delivered by vehicle. (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 WEIGHTS AND MEASURES 98.224 by a duplicate…

98.224 Vehicle tank meters. (1) DEFINITION. In this section, “vehicle tank meter” means a commercial meter used to measure liquid fuel, as defined in s. 98.225 (1). (2) OPERATOR LICENSED. (a) Except as provided in par. (e), no person may operate a vehicle tank meter without an an…

98.225 Deliveries of certain liquid fuels. (1) In this section, “liquid fuel” means gasoline, kerosene, fuel oil, diesel fuel or alternate fuels, as defined in s. 78.39 (1). (2) No person may sell liquid fuel by liquid measure and deliver it by a vehicle equipped with a pump and …

98.246 Petroleum product sales. (1) In this section, “petroleum products” has the meaning given under s. 168.01 (3). (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. H…

98.255 Reinspection; fee. (1) If the department reinspects a weight or measure because the department has found a violation of this chapter or a rule promulgated under this chapter, the department may charge the operator of the weight or measure a reinspection fee. (2) The depart…

98.26 Prohibited acts; penalty; injunction. (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 f…