Chapter ATCP 137

ATCP 137.12(1) (1) “Carton” includes an individual, separate, rigid plastic cup, if the cup is originally used to contain a product that is the subject of a retail sale.

ATCP 137.12(2) (2) “Container” does not include:

ATCP 137.12(2)(a) (a) A container’s lid.

ATCP 137.12(2)(b) (b) A tray originally used to contain meat or other foods for retail sale.

ATCP 137.12(2)(c) (c) A one quart or smaller mesh basket originally used to contain berries or other foods for retail sale.

ATCP 137.12(2)(d) (d) A container used to hold pesticides.

ATCP 137.12(3) (3) “Department” means the department of agriculture, trade and consumer protection.

ATCP 137.12(4) (4) “Rigid” means relatively inflexible and self-supporting when empty.

ATCP 137.12 Note Note: The above definitions provide additional detail to the larger definition of “plastic container” in s. 100.33 (1) (c), Stats., which is as follows:

ATCP 137.12 Note 100.33 (1) (c) “Plastic container” means an individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale, as defined under s. 100.30 (2) (h).

ATCP 137.12 Note Section 100.33 (1) (ad), Stats., defines “blister pack” as a“container in which an item has a covering of plastic film or preformed semirigid plastic and the covering is affixed to a rigid backing.” Blister packs are used to package various items, such as lunch meat, hardware and sporting goods that are displayed by hanging the blister packs from hooks.

ATCP 137.12 Note Under the definition of “plastic container”, empty plastic cups sold at retail (such as those sold in quantities of 50 for picnics) are not required to be labeled because they are not “originally used to contain a product that is the subject of a retail sale”. On the other hand, empty plastic cups a wholesaler sells to a retailer, which the retailer will fill in order to sell a beverage, must be labeled.

ATCP 137.12 Note Plastic containers used to hold pesticides can be recycled, but only in accordance with the pesticide label’s directions. In most situations, containers holding pesticides cannot be reused. See ch. ATCP 29 for other rules regarding pesticide use and disposal.

ATCP 137.12 History History: Cr. Register, November, 1990, No. 419, eff. 12-1-90; renum. from ATCP 135.03 and am. (intro.), Register, February, 1996, No. 482, eff. 3-1-96.

ATCP 137.13 ATCP 137.13 Labeling.

ATCP 137.13(1) (1) Triangular symbol. Each plastic container regulated under this subchapter and under s. 100.33, Stats., shall have a triangular symbol molded, imprinted or otherwise attached. Inside the triangle shall be a number and below the triangle shall be a series of letters identifying the resin used in the plastic container, as specified in sub. (2).

ATCP 137.13(2) (2) Identification of resin. To identify the resin used in a plastic container, the following codes are required as part of the symbol under sub. (1):

ATCP 137.13(2)(a) (a) If the plastic container is made of polyethylene terephthalate, the number “1” and the letters “PETE” with the symbol.

ATCP 137.13(2)(b) (b) If the plastic container is made of high density polyethylene, the number “2” and the letters “HDPE” with the symbol.

ATCP 137.13(2)(c) (c) If the plastic container is made of polyvinyl chloride, the number “3” and the letter “V” with the symbol.

ATCP 137.13(2)(d) (d) If the plastic container is made of low density polyethylene, the number “4” and the letters “LDPE” with the symbol.

ATCP 137.13(2)(e) (e) If the plastic container is made of polypropylene, the number “5” and the letters “PP” with the symbol.

ATCP 137.13(2)(f) (f) If the plastic container is made of polystyrene, the number “6”and the letters “PS” with the symbol.

ATCP 137.13(2)(g) (g) If the plastic container is made of other resins or of multiple resins, the number “7” and the word “OTHER” with the symbol. A plastic container whose label or base cup is composed of a different resin shall be labeled according to the container’s principal resin.

ATCP 137.13(3) (3) Label size.

ATCP 137.13(3)(a) (a) Except as provided in par. (b), the height of the triangle required under sub. (1) shall be at least one-half inch. The numbers and letters required under sub. (2) shall be at least one-fourth the height of the triangle.

ATCP 137.13(3)(b) (b) If a plastic container is designed such that a label of the size specified in par. (a) cannot be added to it, a smaller label may be used, if the label can be easily read at a glance.

ATCP 137.13 Note Note: Using a recycling symbol would satisfy the requirement that a triangular symbol be incorporated in the label, such as the following examples shown below. A simple triangle can be substituted for the recycling arrows.

ATCP 137.13 Note The prohibition against selling unlabeled plastic containers in s. 100.33, Stats., applies to sales and offers to sell made by manufacturers, distributors, those who place products in regulated plastic containers and retailers. The law does not specifically impose the duty to label on any one of these parties, but s. 100.33 (2), Stats., conveys an intent that primary labeling responsibility will fall first on plastic container manufacturers and next on those who place products in plastic containers.

ATCP 137.13 History History: Cr. Register, November, 1990, No. 419, eff. 12-1-90; renum. from ATCP 135.05 and am. (1), Register, February, 1996, No. 482, eff. 3-1-96.

ATCP 137.14 ATCP 137.14 Variances. The department may grant a variance from this subchapter, as provided in s. 100.33 (3m), Stats., if the requester can prove that labeling a type of plastic container is technologically impossible.

ATCP 137.14 History History: Cr. Register, November, 1990, No. 419, eff. 12-1-90; renum. from ATCP 135.07 and am., Register, February, 1996, No. 482, eff. 3-1-96.

ATCP 137.15 ATCP 137.15 Penalty. Each violation of this subchapter is subject to a forfeiture of not more than $500, as provided in s. 100.33 (4), Stats. Each day of violation constitutes a separate offense.

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ATCP 137.15 History History: Cr. Register, November, 1990, No. 419, eff. 12-1-90; renum. from ATCP 135.11 and am., Register, February, 1996, No. 482, eff. 3-1-96.