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)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)(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)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)(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 cm
2 (5 in
2) 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)(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(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.
ATCP 90.07 Note
Note: For example, on a triangular package of cheese, the top surface of the package normally constitutes the principal display panel, and the area of that surface is used for the purpose of calculating minimum type sizes under sub. (6).
ATCP 90.07(7)(a)4.
4. Except as provided under subds.
1. to
3., the area is 40% of the total area of the package surface, including package tops and bottoms, flanges at the tops and bottoms of cans, and the shoulders and necks of bottles or jars.
ATCP 90.07(7)(b)
(b) Packages with 2 or more principal display panels. If a package has 2 or more principal display panels, the square inch area of the largest panel shall be used under sub.
(6) to determine the required minimum type size for declarations of net quantity on all of the panels. The same type size shall be used for declarations of net quantity on all of the panels.
ATCP 90.07(7)(c)
(c) Spot labels and header labels. If a declaration of net quantity appears on a spot label or header label under sub.
(2) (b), the required minimum type size under sub.
(6) shall be calculated under par.
(a) based on the area of the principal display panel, rather than on the area of the spot label or header label.
ATCP 90.07 History
History: Cr.
Register, March, 1994, No. 459, eff. 4-1-94.
ATCP 90.08
ATCP 90.08
Special packages and commodities; labeling requirements. ATCP 90.08(1)(1)
General. This section establishes specific labeling requirements for certain packages and consumer commodities. These requirements apply in addition to, or in lieu of, other labeling requirements under this chapter. Packages and commodities under this section shall comply with all applicable labeling requirements under this chapter, unless this section specifically exempts them from those requirements.
ATCP 90.08(2)
(2) Multi-unit packages. No person may sell or distribute a consumer commodity in package form in a multi-unit package unless both of the following apply:
ATCP 90.08(2)(b)
(b) The multi-unit package bears a declaration of net quantity that includes all of the following:
ATCP 90.08(2)(b)1.
1. The number of component packages contained in the multi- unit package.
ATCP 90.08(2)(b)2.
2. The net quantity of the consumer commodity contained in each component package, declared in compliance with s.
ATCP 90.04.
ATCP 90.08(2)(b)3.
3. The total net contents of the multi-unit package. The total net contents shall be declared in compliance with s.
ATCP 90.04.
ATCP 90.08 Note
Note: A container or wrapping which encloses 2 or more individual packages does not constitute a “package" or “multi-unit package" if it qualifies under any of the exemptions under s.
ATCP 90.01 (16) (a) to
(f).
ATCP 90.08(3)
(3) Combination packages. If dissimilar consumer commodities are sold together in a single package, the package shall bear a separate declaration of net quantity for each different commodity, except that no declaration is required for exempt commodities under s.
ATCP 90.04 (1) (b). The net quantity declaration on a combination package need not comply with the location requirement under s.
ATCP 90.07 (2), the free area requirement under s.
ATCP 90.07 (5) or the minimum height requirements under s.
ATCP 90.07 (6) (a).
ATCP 90.08 Note
Note: Sewing kits, upholstery kits, and antiquing kits are examples of combination packages under this subsection. A container or wrapping does not constitute a “package" or “combination package" if it qualifies under any of the exemptions under s.
ATCP 90.01 (16) (a) to
(f).
ATCP 90.08(4)
(4) Variety packages. If a package contains 2 or more units of reasonably similar commodities, the package shall bear a declaration of the combined net quantity of the commodities contained in the package, except that no declaration is required for exempt commodities under s.
ATCP 90.04 (1) (b). The net quantity declaration on a variety package need not comply with the location requirement under s.
ATCP 90.07 (2), the free area requirement under s.
ATCP 90.07 (5) and the minimum height requirements under s.
ATCP 90.07 (6) (a).
ATCP 90.08 Note
Note: Examples of variety packages under this subsection include seasonal gift packages of cheese and variety packages of cereal. A container or wrapping does not constitute a “package" or “variety package" if it qualifies under any of the exemptions under s.
ATCP 90.01 (16) (a) to
(f).
ATCP 90.08(5)(b)
(b) When it is offered or exposed for sale at retail, the package label conspicuously discloses the price per kilogram or pound, and the total price of the package contents.
ATCP 90.08(6)
(6) Aerosol and similar pressurized packages. If a consumer commodity is contained in an aerosol or similar pressurized package, the net quantity of the consumer commodity shall be declared in terms of weight. The declared net weight shall include the net weight of any propellant that will be expelled when the commodity is released according to instructions shown on the package.
ATCP 90.08(7)
(7) Commodities labeled according to federal or state law. Packages of meat and meat products, poultry products, tobacco products, pesticides, and alcohol beverages are exempt from the location and minimum size requirements under s.
ATCP 90.07 (2) and
(6), provided that the packages are labeled in compliance with federal labeling requirements applicable to those commodities.
ATCP 90.08(8)(a)(a) General. If container-type consumer commodities such as bags, cups, dishes, boxes, or pans, are sold in package form, the declaration of net quantity shall comply with this subsection.
