Weights and Measures

The Environmental Health Division protects consumers from fraudulent practices in the area of weights and measures by monitoring retail businesses for correctness of devices, product weights and scanner price accuracy.  Legal action is initiated as required to ensure compliance with city, state and federal regulations.

General Requirements

A City of West Allis Weighing and Measuring Device License is required if a scale, bar code scanner, petroleum meter, timing device, taxi meter or linear meter is used in a commercial transaction. Business may make arrangements to apply for a Weighing and Measuring Device License by contacting the City of West Allis Health Department Office at 414-302-8600 or click here.

Produce Sales

Method of Sale for Whole Produce

State law (ATCP 91) requires that fresh fruits and vegetables be sold according to National Standards (NIST Handbook 130). The standards are summarized in the charts below. Search the specific list first to find those commodities that either don’t fit into any of the general groups or have unique methods of sale. If the item is not listed, find the general group in the second table. The item may be sold by any method of sale marked with an X.

Click here for a printable version of chart (PDF) 

Commodities listed above that may be sold by count can be packaged and sold by count provided that the package is transparent and there are six or fewer items in the package. 


An allowance is given to retailers who wish to sell items required by law to be sold by weight, to be sold by count from bulk. In order to do so, a placard stating the guaranteed minimum individual weight of the individual commodity units displayed for sale is conspicuously posted at the display location. Below is a sample placard.

Sweet Potatoes

In any advertisement of such sales, it will be required to declare both the minimum net weight (though the word minimum is not required) and the price per pound. No item can weigh less than the placarded weight.

Method of Sale for Cut Produce

Produce that has been "rough-cut", where only stalks or stems have been removed is still considered whole produce (see above). Produce that has been cut and is ready-to-eat such as fruit cups must be sold and labeled properly. If the produce is served from an employee dispensed case, the produce must be sold by weight and the ingredients must be available. If the produce is prepackaged and placed out for customer self-service, it must contain a label. The label must contain the following information: 

  • The name of the product
  • A listing of ingredients in decreasing order of predominance by weight
  • A net weight or volume statement-- see using a scale below
  • The name, address, and zip code of the manufacturer, packer or distributor
  • Nutrition information, unless the food is specifically exempt

More information about labeling can be obtained from the Wisconsin Department of Agriculture, Trade and Consumer Protection

Using a scale

If you are selling produce by weight, the scale that you use must be approved and licensed. 

Requirements for Weights and Measures Service Companies and Technicians

Businesses that "install, service, test or calibrate weights and measures" are required to be state licensed. In addition, state technician certification is required for individuals who test, calibrate, service, or seal a weighing and measuring device; remove an official rejection tag; or verify the correctness of a device. See the Wisconsin Department of Agriculture, Trade and Consumer Protection website for more information.

More Information