Weights and Measures

The term “Weights and measures” by statute means weights and measures of every kind, instruments and devices for weighing and measuring, 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 same are operated in a public utility system.
The statute (Chapter 98) requires the City when it has a population of more than 5,000 as determined by the most recent population estimate made by the Department of Administration to enforce the provisions of Chapter 98 within its jurisdiction. The City of Lake Mills became required to enforce the requirements of weights and measures a couple of years ago. The City has the option of establishing its own department of weights and measures or contracting with the State Department of Agriculture, Trade and Consumer Protection to continue providing the service.
The City would have been required to employ qualified sealers or inspectors to ensure compliance with the requirements of Chapter 98 and had the option of doing so by establishing a new City Department. The City sealers or inspectors would have had the same authority as sealers or inspectors of the Department of Agriculture, Trade and Consumer Protection. The City would have had to employ sealers or inspectors from a list of applicants whose qualifications have been certified by the state or local civil service agency under the rules of the agency. The City had to procure and keep a complete set of standards of weight and measure conforming to the state standards and had to submit the standards for certification and has to do so at regular intervals as required by the Department of Agriculture, Trade and Consumer Protection. The City is also required to keep a complete record of its work and annually file a report with the Department of Agriculture, Trade and Consumer Protection. The chapter also authorizes the City to assess fees that do not exceed the actual cost of its weights and measures program.
The City enacted an ordinance that regulate weights and measures that comply with the requirements of Chapter 98 and the rules of the Department of Agriculture, Trade and Consumer Protection.
The City opted to contract with the Department of Agriculture, Trade and Consumer Protection to enforce the provisions of Chapter 98 within the City’s jurisdiction instead of establishing its own department. The Department of Agriculture, Trade and Consumer Protection agreed to enter into a contract with the City for the required services. The Department of Agriculture, Trade and Consumer Protection charges the City a fee sufficient to cover the Department’s costs under the contract. A City recovers the amount of the cost of these fees by assessing fees on the persons who receive services under the weights and measures program.