Chapter ATCP 90

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.

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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.

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)(a) (a) Each of the component packages in the multi-unit package is labeled in compliance with ss. ATCP 90.02 to 90.04.

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) (5) Random packages. A random package need not comply with s. ATCP 90.04 (4), or with s. ATCP 90.07 (2), (5) or (6), provided that the random package complies with both of the following requirements:

ATCP 90.08(5)(a) (a) The package bears a label which conspicuously declares the net weight of the package contents, expressed in inch-pound units under s. ATCP 90.05 (1) or metric units under s. ATCP 90.06 (1).

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) (8) Packages of container-type 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.

ATCP 90.08(8)(b) (b) Bags.

ATCP 90.08(8)(b)1. 1. If bag-type consumer commodities are sold in package form, the net quantity of bags contained in each package shall be declared in terms of count. The count declaration shall be followed by a declaration showing the linear dimensions of the individual bags, as provided under subd. 2. The linear dimensions shall be expressed in metric units under subd. 3. and in inch-pound units under subd. 4. If bags are sold by capacity, the capacity of the bags shall be declared according to par. (f).

ATCP 90.08(8)(b)2. 2. If the bags in a package are gusseted, the declaration of bag dimensions under subd. 1. shall include the length, width, and depth of the individual bags. If the bags are not gusseted, the declaration shall include the length and width of the individual bags.

ATCP 90.08(8)(b)3. 3. When bag dimensions are expressed in metric units, the dimensions shall be expressed in millimeters except that a dimension of one meter or more shall be expressed in meters with any remainder expressed as a decimal fraction of a meter.

ATCP 90.08(8)(b)4. 4. When bag dimensions are expressed in inch-pound units, the dimensions shall be expressed in inches except that any dimension of more than 2 feet shall be expressed in feet with any remainder expressed in inches or as a common or decimal fraction of a foot.

ATCP 90.08 Note Note: See also ss. ATCP 90.05 (7) (e) and 90.06 (6) (c).

ATCP 90.08(8)(c) (c) Angular or oblong containers. For square, rectangular, oblong, or similar containers, the net quantity shall be declared in terms of count, followed by the length, width, and depth of the individual containers, except that depth need not be included if less than 50 millimeters or 2 inches.

ATCP 90.08(8)(d) (d) Circular containers. For circular or other generally round-shaped containers, except cups, the net quantity shall be declared in terms of count, followed by diameter and depth, except that depth need not be included if less than 50 millimeters or 2 inches.

ATCP 90.08(8)(e) (e) Cups. The net quantity of cups or cup-like containers shall be declared in terms of count and liquid capacity per cup.

ATCP 90.08(8)(f) (f) Capacity. If a package of container-type consumer products includes any reference to the capacity of those containers, the capacity of the containers shall be included in the declaration of net quantity. The capacity shall be expressed in metric units of volume. The capacity shall also be expressed in inch-pound units as follows:

ATCP 90.08(8)(f)1. 1. In inch-pound units of liquid measure if the containers are designed to contain liquids, semisolids, viscous materials, or mixtures of solids and liquids.

ATCP 90.08(8)(f)2. 2. In inch-pound units of dry measure if the containers are designed to contain solids.

ATCP 90.08(8)(f)3. 3. If the containers are used as liners for other more permanent containers, in the same inch-pound units normally used to express the capacity of the more permanent containers.

ATCP 90.08(9) (9) Wearing apparel. Packaged wearing apparel, including non-textile apparel and accessories such as leather goods and footwear, need not be labeled with a net quantity declaration under s. ATCP 90.04 if the package contains only one item of apparel, or if the package contains a single pair of items, such as gloves or shoes, that are normally sold in pairs.

ATCP 90.08(10) (10) Textiles and related products. A declaration of quantity for the following textile products need not comply with s. ATCP 90.04 (4), 90.05 (7), or 90.06 (6), provided that the declaration of quantity complies with the following requirements:

ATCP 90.08(10)(a) (a) Bedsheets and mattress covers. The declaration of quantity for rectangular bedsheets or mattress covers shall include all of the following:

ATCP 90.08(10)(a)1. 1. The length and width, in centimeters or inches, of the mattress for which the item is designed. In the case of a flat bedsheet, this declaration shall be followed by a parenthetical declaration, in centimeters or inches, of the length and width of the finished sheet.

ATCP 90.08(10)(a)2. 2. The size category of the mattress for which the item is designed, if the mattress falls into the “twin,” “double,” “queen,” “king,” or “California king” size category.

ATCP 90.08(10)(b) (b) Pillowcases. The declaration of quantity for rectangular pillowcases shall include all of the following:

ATCP 90.08(10)(b)1. 1. The length and width, in centimeters or inches, of the pillow for which the pillowcase is designed. This shall be followed by a parenthetical declaration, in centimeters or inches, of the length and width of the finished pillowcase.

ATCP 90.08(10)(b)2. 2. The size category of the pillow for which the pillowcase is designed, if the pillow falls into a standard size category such as “youth,” “standard,” or “queen.”

ATCP 90.08(10)(c) (c) Blankets and related items. The declaration of quantity for rectangular blankets, comforters, quilts, bedspreads, mattress pads, afghans, throws, and related items shall include both of the following:

ATCP 90.08(10)(c)1. 1. The length and width of the finished item, in centimeters or inches.

ATCP 90.08(10)(c)2. 2. The size category of the mattress for which the item is designed, if the item is designed for a mattress that falls into the “twin,” “double,” “queen,” “king,” or “California king” size category.

ATCP 90.08(10)(d) (d) Tablecloths and napkins. The declaration of quantity for rectangular tablecloths, napkins and related items shall state, in centimeters or inches, the length and width of each finished item. The declaration may also include a parenthetical statement, in centimeters or inches, of the item’s length and width before hemming.

ATCP 90.08(10)(e) (e) Draperies and related items. The declaration of quantity for rectangular curtains, drapes, flags, furniture scarfs, and related items shall state, in centimeters or inches, the length and width of each finished item. The quantity statement may also state parenthetically, in centimeters or inches, the length of any ornamentation.

ATCP 90.08(10)(f) (f) Carpets and rugs. The declaration of quantity for rectangular carpets and rugs shall state the length and width of the item in meters or feet. If the declaration is stated in meters, any remainder shall be expressed in decimal fractions of the meter. If the declaration is stated in feet, any remainder shall be expressed in common or decimal fractions of the foot or in inches. The declaration of quantity may also state parenthetically, in centimeters or inches, the length of any ornamentation.

ATCP 90.08(10)(g) (g) Towels and related items. The declaration of quantity for rectangular dish towels, dish cloths, bath towels, face cloths, utility cloths, bath mats, and related items shall state, in centimeters or inches, the length and width of the item if the item is woven. If the item is knitted, its dimensions need not be stated.

ATCP 90.08(10)(h) (h) Nonrectangular and irregular items.

ATCP 90.08(10)(h)1. 1. The declaration of quantity for textile products such as potholders, fixture and appliance covers, slip covers, and nonrectangular diapers shall be stated in terms of count and may include size designations and dimensions.

ATCP 90.08(10)(h)2. 2. The declaration of quantity for nonrectangular textile products of the types identified under pars. (a) to (g) shall state the geometric shape of the product and the dimensions that are customarily used in describing that geometric shape. Dimensions may be stated in metric or inch-pound units corresponding to those specified under pars. (a) to (g).

ATCP 90.08(10)(h)3. 3. If textile product remnants of assorted sizes are sold by count, the declaration of quantity shall include the term“irregular dimensions” and shall specify the minimum size of the remnants.

ATCP 90.08(11) (11) Threads and yarns. Notwithstanding ss. ATCP 90.04 (4), 90.05 (7), and 90.06 (6), the declaration of net quantity for sewing thread, handicraft thread, and yarn shall comply with the following requirements: