Chapter ATCP 90

ATCP 90.03 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94; CR 18-019: am. (1) (b) Register January 2020 No. 769, eff. 2-1-20.

ATCP 90.04 ATCP 90.04  Declaration of net quantity.

ATCP 90.04(1) (1)  Declaration required.

ATCP 90.04(1)(a) (a) General. Except as provided under par. (b), no person may sell or distribute any consumer commodity in package form unless each package of that commodity bears a declaration of net quantity. The declaration of net quantity shall clearly and conspicuously disclose the net quantity of the consumer commodity contained in that package, exclusive of wrappers and other material packaged with the commodity. Except where different net quantity declarations are provided for specific packages or commodities under s. ATCP 90.08, the declaration of net quantity shall comply with this section.

ATCP 90.04(1)(b) (b) Exemptions. Paragraph (a) does not apply to any of the following:

ATCP 90.04(1)(b)1. 1. A commodity sold by count if the package contains only one unit of that commodity, or a small combination of items that are customarily sold together as a single unit and understood by consumers as constituting a single unit.

ATCP 90.04(1)(b)2. 2. A commodity sold by count if the package contains 6 or fewer units and the number of units can be easily counted by consumers without opening the package.

ATCP 90.04(1)(b)3. 3. Random packages of a commodity sold at wholesale, for weighing and labeling at the point of retail sale, provided that the random packages are contained in a wholesale container that is labeled to show the combined net weight of the contents of those random packages. This exemption does not apply to a random package when sold at retail.

ATCP 90.04(1)(b)4. 4. A commodity that is exempt from quantity disclosure, pursuant to an exemption under ch. ATCP 91.

ATCP 90.04(2) (2) Location and prominence. A declaration of net quantity shall appear on the principal display panel of each package, and shall comply with s. ATCP 90.07. The declaration shall be separate from other information contained on the principal display panel, and shall be printed in conspicuous, easily legible, and contrasting type.

ATCP 90.04(3) (3) Weight, measure, or count. In a declaration of net quantity, the net quantity of a consumer commodity shall be expressed in terms of weight, measure, or count, as provided under s. 98.06, Stats., and ch. ATCP 91.

ATCP 90.04 Note Note: With certain exceptions, commodities in liquid form must be sold by liquid measure, and commodities not in liquid form must be sold by weight. Liquid commodities may be sold by weight, and nonliquid commodities may be sold by measure or count, if those forms of measurement are in general use and provide an accurate statement of quantity. Specific requirements and exceptions related to method of sale may be found under s. 98.06, Stats., and ch. ATCP 91.

ATCP 90.04(4) (4) Weight or measure; how expressed. If a declaration of net quantity is expressed in terms of weight or measure, the weight or measure shall be expressed in appropriate inch-pound units under s. ATCP 90.05 and in appropriate metric units under s. ATCP 90.06.

ATCP 90.04(5) (5) Combination declarations; required.

ATCP 90.04(5)(a) (a) Weight declaration; combined with measure or count. If a declaration of net quantity is expressed in terms of weight, the weight declaration shall be combined with an appropriate declaration of measure or count, unless the weight declaration alone is fully informative.

ATCP 90.04(5)(b) (b) Declaration of measure; combined with weight or count. If a declaration of net quantity is expressed in terms of measure, the declaration of measure shall be combined with an appropriate declaration of weight or count, unless the declaration of measure alone is fully informative.

ATCP 90.04(5)(c) (c) Declaration of count; combined with weight or measure. If a declaration of net quantity is expressed in terms of count, the declaration of count shall be combined with an appropriate declaration of weight or measure, unless the declaration of count alone is fully informative.

ATCP 90.04(5)(d) (d) Declaration of count; size of counted units. If a declaration of net quantity includes any declaration of count, either as a primary or supplementary declaration, it shall also specify the size of the individual counted units unless the declaration of count is fully informative without a declaration of unit size.

ATCP 90.04(5)(e) (e) Location on package. Combination declarations required under this subsection shall be included as part of the principal declaration of net quantity on the principal display panel of the package.

ATCP 90.04(6) (6) Supplementary declarations; optional. Net quantity declarations required under this section may be supplemented by other declarations of weight, measure, or count, provided that the supplementary declarations are not deceptive or misleading. A supplementary declaration of net quantity may not appear on the principal display panel of a package, or in conjunction with the principal declaration of net quantity, unless the supplementary declaration is required or specifically authorized under this chapter to appear in conjunction with the principal declaration.

ATCP 90.04(7) (7) Abbreviations. The following quantity abbreviations, or other generally accepted abbreviations, may be used in a declaration of net quantity: - See PDF for table

ATCP 90.04 Note Note: The above symbols need not be followed by periods or expressed as plurals. For example, “oz" is the symbol for both “ounce" and “ounces." Both upper and lower case letters and exponents are acceptable.

ATCP 90.04 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94.

ATCP 90.05 ATCP 90.05  Weight or measure; how expressed in inch-pound units. A net quantity, when expressed in inch-pound units, shall be expressed as follows:

ATCP 90.05(1) (1) Weight; how expressed in inch-pound units. If a net quantity is declared in terms of weight, the weight shall be expressed in pounds, with any remainder expressed in ounces or common or decimal fractions of a pound. If the declared weight is less than one pound, the declared weight shall be expressed in ounces, with any remainder expressed as a common or decimal fraction of an ounce.

ATCP 90.05 Note Note: For example, a declared net weight may be expressed in any of the following forms: - See PDF for table

ATCP 90.05 Note Note: The terms “pounds" and “ounces," as used in this subsection, mean avoirdupois pounds and ounces.

ATCP 90.05(2) (2) Liquid measure; how expressed in inch-pound units.

ATCP 90.05(2)(a) (a) Units of liquid measure. If a net quantity is declared in terms of liquid measure, the liquid measure shall be expressed in the largest whole units of liquid quarts, quarts and pints, or pints, with any remainder expressed in fluid ounces or common or decimal fractions of the pint or quart. If the declared measure is equal to or greater than one United States gallon of 231 cubic inches, the measure may be expressed in gallons, with any remainder expressed in liquid quarts or in common or decimal fractions of a gallon. If the declared measure is less than one pint, the declared measure shall be expressed in fluid ounces, with any remainder expressed as a common or decimal fraction of a fluid ounce. The declared liquid measure shall be determined at the temperature specified under par. (b).

ATCP 90.05 Note Note: For example, a liquid measure may be expressed in any of the following ways: - See PDF for table

ATCP 90.05(2)(b) (b) Temperature at which liquid measure is determined. A declared liquid measure under par. (a) shall be determined at 68 ° F., except that:

ATCP 90.05(2)(b)1. 1. For petroleum products, the liquid measure shall be determined at 60° F.

ATCP 90.05(2)(b)2. 2. For commodities normally sold and consumed while frozen, the liquid measure shall be determined at the temperature of the frozen commodity.

ATCP 90.05(2)(b)3. 3. For commodities normally sold in a refrigerated state, the liquid measure shall be determined at 40° F.

ATCP 90.05(3) (3) Dry measure; how expressed in inch-pound units. If a net quantity is declared in terms of dry measure, the dry measure shall be expressed in terms of the United States bushel of 2,150.42 cubic inches, or in terms of the peck, dry quart, or dry pint subdivisions of the bushel. The declaration shall be expressed in an appropriate fashion to avoid misunderstanding, and to facilitate price comparisons by consumers. Whenever a declaration of dry measure is expressed in terms of a dry pint or dry quart, the term “dry" shall immediately precede the term“pint" or “quart" unless the declaration also includes a reference to bushels or pecks.

ATCP 90.05(4) (4) Cubic measure; how expressed in inch-pound units. If a net quantity is declared in terms of cubic measure, the cubic measure shall be expressed in terms of the cubic yard, cubic foot, or cubic inch. The declaration shall be expressed in an appropriate fashion to avoid misunderstanding, and to facilitate price comparisons by consumers.

ATCP 90.05(5) (5) Linear measure; how expressed in inch-pound units. If a net quantity is declared in terms of linear measure, the linear measure shall be expressed in terms of the largest whole units of yards, yards and feet, or feet, with any remainder expressed in terms of inches or common or decimal fractions of the yard or foot. If the declared measure is less than one foot, the declared measure shall be expressed in inches, with any remainder expressed as a common or decimal fraction of an inch.

ATCP 90.05 Note Note: For example, a linear measure may be expressed in inch-pound units in any of the following ways:

ATCP 90.05 Note   2 yd
  1 yd, 1 ft
  1 ft, 6 in
  1 1/2 ft
  1.5 ft
  6 in

ATCP 90.05(6) (6) Area measure; how expressed in inch-pound units. If a net quantity is declared in terms of area measure, the area measure shall be expressed in terms of the largest whole units of square yards, square feet, and square inches, with any remainder expressed in square inches or common or decimal fractions of the square yard or square foot. If the declared measure is less than one square foot, the declared measure shall be expressed in square inches, with any remainder expressed as a common or decimal fraction of a square inch.

ATCP 90.05(7) (7) Size of bidimensional commodities; how expressed in inch-pound units. For bidimensional commodities, including roll- type commodities, that are customarily measured in terms of area or in terms of length and width, the net quantity of the commodity shall be expressed as follows:

ATCP 90.05(7)(a) (a) Less than one square foot. If the total area of a bidimensional commodity is less than one square foot, the net quantity shall be declared in terms of length and width. The length and width shall be expressed in linear inches, with any remainder expressed as a common or decimal fraction of a linear inch.

ATCP 90.05(7)(b) (b) One to 4 square feet. Except as provided under par. (d) or (e), if the total area of a bidimensional commodity is less than 4 square feet but not less than one square foot, the net quantity shall be declared in terms of square inches. The square inch declaration shall be followed by a parenthetical declaration of length and width.

ATCP 90.05(7)(c) (c) Four square feet or more. Except as provided under par. (d) or (e), if the total area of a bidimensional commodity is 4 square feet or more, the net quantity shall be declared in terms of square feet, with any remainder expressed in square inches or common or decimal fractions of a square foot. The square foot declaration shall be followed by a parenthetical declaration of length and width.

ATCP 90.05(7)(d) (d) Width less than 4 inches. If a bidimensional commodity is less than 4 inches wide, the net quantity may be declared in terms of length and width, without any declaration of area.

ATCP 90.05(7)(e) (e) Two or more individual units; number, size and ply count.

ATCP 90.05(7)(e)1. 1. If a package contains 2 or more separate units of a bidimensional commodity, the net quantity of package contents shall be declared in terms of the number of individual units in the package, the number of plies per unit, and the area or dimensions of each unit.

ATCP 90.05 Note Note: For example, a package of facial tissues must disclose the number of tissues contained in the package, the number of plies per tissue and the size of each tissue (“100 2-ply facial tissues, 8 1/2 inches by 10 inches"), but need not specify the combined area of all the tissues contained in the package.

ATCP 90.05(7)(e)2. 2. If a roll-type bidimensional commodity, made up of one or more plies, is perforated to create individually usable units that are connected to each other at the time of sale, the declaration of net quantity shall include the total area or dimensions of the roll, the number of individual units contained on the roll, the number of plies per unit, and the area or dimensions of each individual unit. A package containing a perforated roll of bags shall be labeled in compliance with this subdivision, but need not specify the total area or dimensions of the roll.

ATCP 90.05 Note Note: For example, a packaged roll of paper towels must disclose the total area of the roll, the number of individual paper towels contained on the roll, the number of plies per towel, and the size of each towel.

ATCP 90.05 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94.

ATCP 90.06 ATCP 90.06  Weight or measure; how declared in metric units. A net quantity, when expressed in metric units, shall be expressed as follows:

ATCP 90.06(1) (1) Weight; how expressed in metric units. If a net quantity is declared in terms of weight, the weight shall be expressed in terms of kilograms, grams, or milligrams, as follows:

ATCP 90.06(1)(a) (a) Less than one kilogram. If the declared weight is less than one kilogram but not less than one gram, the declared weight shall be expressed in grams, with any remainder expressed as a decimal fraction of a gram. If the declared weight is less than one gram, it shall be expressed in milligrams.

ATCP 90.06(1)(b) (b) One kilogram or more. If the declared weight is one kilogram or more, the declared weight shall be expressed in kilograms, with any remainder expressed as a decimal fraction of a kilogram.

ATCP 90.06(2) (2) Liquid measure; how expressed in metric units.

ATCP 90.06(2)(a) (a) General. If a net quantity is declared in terms of liquid measure, the liquid measure shall be expressed in liters or milliliters. If the declared measure is less than one liter, the declared measure shall be expressed in milliliters. If the declared measure is one liter or more, the declared measure shall be expressed in liters, with any remainder expressed in milliliters.

ATCP 90.06(2)(b) (b) Temperature at which liquid measure is determined. If a net quantity is declared in terms of liquid measure, the declared liquid measure shall be determined at 20° C., except that:

ATCP 90.06(2)(b)1. 1. For petroleum products, the liquid measure shall be determined at 15° C.

ATCP 90.06(2)(b)2. 2. For commodities normally sold and consumed while frozen, the liquid measure shall be determined at the temperature of the frozen commodity.

ATCP 90.06(2)(b)3. 3. For commodities normally sold in a refrigerated state, the liquid measure shall be determined at 4° C.

ATCP 90.06(3) (3) Volume other than liquid measure; how expressed in metric units. If net quantity is declared in terms of volume, the volume shall be expressed in terms of the liter and milliliter, except where use of the cubic meter and cubic centimeter are specifically authorized or required by law.

ATCP 90.06(4) (4) Linear measure; how expressed. If net quantity is declared in terms of linear measure, the linear measure shall be expressed in terms of meters, centimeters, or millimeters. If the declared measure is less than one meter, it shall be expressed in centimeters or millimeters. If the declared measure is one meter or more, it shall be expressed in meters, with any remainder expressed as a decimal fraction of a meter.

ATCP 90.06(5) (5) Area measure; how expressed. If net quantity is declared in terms of area measure, the declared measure shall be expressed in terms of square meters, square decimeters, or square centimeters. If the declared measure is less than one square meter, it shall be expressed in square decimeters and decimal fractions of a square decimeter, or in square centimeters and decimal fractions of a square centimeter. If the declared measure is one square meter or more, it shall be expressed in square meters and decimal fractions of a meter.

ATCP 90.06(6) (6) Size of bidimensional commodities; how expressed. For bidimensional commodities, including roll-type commodities, that are measured in terms of area or in terms of length and width, the net quantity of the commodity shall be expressed as follows:

ATCP 90.06(6)(a) (a) Less than one square meter. If the total area of the bidimensional commodity is less than one square meter, the net quantity shall be declared in terms of length and width.

ATCP 90.06(6)(b) (b) One square meter or more. If the total area of the bidimensional commodity is one square meter or more, the declaration of net quantity shall specify the area and the linear dimensions of the commodity. No declaration of area is required if the width of the commodity is 100 millimeters or less, or if the length and width of the commodity are critical for the end use of the commodity.

ATCP 90.06(6)(c) (c) Two or more individual units; number, size, and ply count.

ATCP 90.06(6)(c)1. 1. If a package contains 2 or more separate units of a bidimensional commodity, the net quantity of package contents shall be declared in terms of the number of individual units in the package, the number of plies per unit, and the area or dimensions of each unit.

ATCP 90.06 Note Note: For example, a package of facial tissues must disclose the number of tissues contained in the package, the number of plies per tissue, and the size of each tissue, but need not specify the combined area of all the tissues contained in the package.

ATCP 90.06(6)(c)2. 2. If a roll-type bidimensional commodity, made up of one or more plies, is perforated to create individually usable units that are connected to each other at the time of sale, the declaration of net quantity shall include the total area or dimensions of the roll, the number of individual units contained on the roll, the number of plies per unit, and the area or dimensions of each individual unit. A package containing a perforated roll of bags shall be labeled in compliance with this subdivision, but need not specify the total area or dimensions of the roll.

ATCP 90.06 Note Note: For example, a packaged roll of paper towels must disclose the total area of the roll, the number of individual paper towels contained on the roll, the number of plies per towel, and the size of each towel.

ATCP 90.06 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94.

ATCP 90.07 ATCP 90.07  Location and prominence of net quantity declaration.

ATCP 90.07(1) (1)  General. A declaration of net quantity under s. ATCP 90.04 shall appear on the principal display panel, and shall comply with this section.

ATCP 90.07(2) (2) Location and position.

ATCP 90.07(2)(a) (a) General. A declaration of net quantity shall appear in the bottom 30% of the principal display panel, except that the declaration may appear elsewhere on the principal display panel if the panel area is 32 cm2 (5 in2) or less. The declaration of net quantity shall be generally parallel to the base on which the package is designed to rest when displayed.

ATCP 90.07(2)(b) (b) Spot label or header label. If all of the required declarations under ss. ATCP 90.02 to 90.04 are contained on a spot label or header label, the declaration of net quantity may appear on the lower 30% of the spot label or header label, rather than on the lower 30% of the principal display panel.

ATCP 90.07(3) (3) Type style. A declaration of net quantity shall be boldly and clearly printed in a conspicuous type size and style, so that the declaration is conspicuous in relation to other printed or graphic matter on the principal display panel. The declaration may be blown, formed, or molded onto a glass or plastic surface if all other printed or graphic matter is likewise blown, formed, or molded onto that surface. Hand printed information, if any, shall be at least as conspicuous and legible as other printed information.

ATCP 90.07(4) (4) Color contrast. A declaration of net quantity shall be printed in a color that contrasts conspicuously with its background, except that a declaration blown, formed, or molded onto a glass or plastic surface need not be in a contrasting color if all other printed or graphic matter is likewise blown, formed, or molded onto that surface.

ATCP 90.07(5) (5) Separated from other information. The area immediately surrounding a declaration of net quantity shall be free of other printed information. The free area shall extend above and below the declaration by a distance equal to not less than the lettering height required for the declaration under sub. (6). The free area shall extend to the left and right of the declaration by a distance equal to at least twice the width of the letter “N" of the style used in the declaration and the size required for the declaration under sub. (6).

ATCP 90.07(6) (6) Minimum size of numbers and letters.

ATCP 90.07(6)(a) (a) Minimum height. In a declaration of net quantity, the height of each number and letter shall be not less than that shown in Table 1, based on the area of the principal display panel determined according to sub. (7). In a common fraction, the numerator and denominator shall each be at least one-half the height required for other numbers under Table 1.

ATCP 90.07(6)(b) (b) Minimum width. In a declaration of net quantity, no number or letter may be more than 3 times as high as it is wide. - See PDF for table

ATCP 90.07(7) (7) Area of principal display panel.

ATCP 90.07(7)(a) (a) General. For the purpose of determining required minimum type sizes under sub. (6), the square-inch area of the principal display panel shall be determined as follows:

ATCP 90.07(7)(a)1. 1. For a rectangular package, the area is the height of the principal display panel multiplied by the width of the principal display panel. A rectangular bag is considered a rectangular container under this subdivision even if the bag is not rectangular when filled.

ATCP 90.07(7)(a)2. 2. For a cylindrical package, the area is 40% of the package height multiplied by the package circumference.

ATCP 90.07(7)(a)3. 3. If a package, other than a rectangular or cylindrical package, presents a surface constituting an obvious principal display panel, the area of the principal display panel is the area of that surface.