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.
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(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)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)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)(a)
(a) The net quantity of nonindustrial sewing or handicraft thread shall be expressed in terms of yards.
ATCP 90.08(11)(b)
(b) The net quantity of yarn shall be expressed in terms of inch-pound units of weight.
ATCP 90.08(12)(a)
(a) Declaration of quantity; location on small packages. Notwithstanding s.
ATCP 90.07 (2), the declaration of net quantity on a package of seed intended for planting shall appear in the upper 30% of the principal display panel if the net weight of package contents is 7 grams (1/4 ounce) or less.
ATCP 90.08(12)(b)
(b) Net quantity; how declared. The declaration of net quantity on a package of seed intended for planting shall comply with the following requirements:
ATCP 90.08(12)(b)1.
1. The net quantity of seed shall be expressed in terms of weight, except that the net quantity of coated seed, encapsulated seed, pelletized seed, and seeds contained in preplanters and seed tapes shall be declared in terms of count.
ATCP 90.08(12)(b)2.
2. Notwithstanding s.
ATCP 90.04 (4), if the net weight of the package contents is 7 grams or less, the net weight shall be expressed in metric units according to s.
ATCP 90.06 (1), but need not be expressed in inch-pound units.
ATCP 90.08(13)(a)(a) Small confections. Individually wrapped candies or confectionery items having a net weight of less than 15 grams (1/2 oz.) per item are exempt from the package labeling requirements under this chapter, provided that the secondary package or container in which the individual wrapped items are sold or shipped complies with this chapter.
ATCP 90.08(13)(b)
(b) Small packages of meat or meat products. Individually wrapped and labeled packages of meat or meat products which have a net weight of less than 15 grams (1/2 oz.), and which are contained in a shipping container, need not bear a declaration of net quantity if the shipping container bears a declaration of net quantity that complies with s.
ATCP 90.04.
ATCP 90.08(13)(c)
(c) Small individual food servings. Individual serving size packages of food which contain less than 15 grams (1/2 oz.) net weight or less than 15 ml. (1/2 fl. oz.) net liquid measure of food for use in restaurants, institutions, or passenger carriers, and which are not intended for sale at retail, need not comply with s.
ATCP 90.04.
ATCP 90.08(13)(d)1.1. Individually wrapped cigars, and individually wrapped cuts, plugs, or twists of tobacco, are exempt from the package labeling requirements under this chapter, provided that the secondary package or container in which the individual wrapped items are sold or shipped complies with this chapter.
ATCP 90.08(13)(d)2.
2. A carton of cigarettes or small cigars, containing ten individual packages of twenty cigarettes or small cigars, is exempt from the multi-unit package requirements under sub.
(2), and from the location and minimum size requirements under s.
ATCP 90.07 (2) and
(6), provided that the individual component packages are labeled in compliance with this chapter and the carton bears a declaration under s.
ATCP 90.04 stating the net contents of the carton.
ATCP 90.08(14)(a)1.1. Notwithstanding s.
ATCP 90.05 (2) (a), if fluid milk, fluid milk products, ice cream, or frozen desserts are measured by and packaged in 1/2 pint or 1/2 gallon containers, the net contents may be stated as 1/2 pint or 1/2 gallon, respectively.
ATCP 90.08(14)(a)2.
2. If fluid milk, fluid milk products, ice cream, or frozen desserts are measured by and packaged in measure containers as defined in the “Measure Container Code" of the
NIST Handbook 44, the net quantity declaration need not comply with the location requirement under s.
ATCP 90.07 (2).
ATCP 90.08 Note
Note: The “Measure Container Code" of the NIST Handbook 44 is on file with the department and the legislative reference bureau.
ATCP 90.08(14)(a)3.
3. If milk or fluid milk products are measured by and packaged in glass or plastic containers of 1/2, one pint, one quart, 1/2 gallon, or one gallon capacities, the net quantity declaration need not comply with the location requirement under s.
ATCP 90.07 (2), provided that other required label information is conspicuously displayed on the cap or outside closure and the net quantity declaration is conspicuously blown, formed, or molded into or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.
ATCP 90.08(14)(b)
(b) Butter. Notwithstanding ss.
ATCP 90.02 (2) and
90.07 (2), if butter is packaged in 4-ounce, 8-ounce, or one-pound packages with continuous label copy wrapping, the declaration of identity and the net quantity declaration need not be parallel to the base of the package. If butter is packaged in 8-ounce or one-pound packages, the declaration of quantity need not comply with the location requirements under s.
ATCP 90.07 (2).
ATCP 90.08(14)(c)
(c) Margarine and butter substitutes. If margarine or butter substitutes are packaged in a one-pound rectangular packages, the net quantity declaration need not comply with the location requirements under s.
ATCP 90.07 (2). This exemption does not apply to whipped or soft products, or to packages containing more than 4 sticks of margarine or butter substitute.
ATCP 90.08(15)(a)(a) Net quantity; how expressed. Notwithstanding s.
ATCP 90.05 (2) (a), if fruit juice, imitation fruit juice, bottled water or a soft drink is packaged in a 1/2 pint or 1/2 gallon quantity, the net contents may be stated as 1/2 pint or 1/2 gallon, respectively.
ATCP 90.08(15)(b)
(b) Net quantity declaration; location. If fruit juice, imitation fruit juice, bottled water, or a soft drink is packaged in glass or plastic containers in quantities of 1/2 pint, one pint, one quart, 1/2 gallon, or one gallon, the net quantity declaration need not comply with the location requirement under s.
ATCP 90.07 (2), provided that other required label information is conspicuously displayed on the cap or outside closure and the net quantity declaration is conspicuously blown, formed, molded into the container, or permanently applied to the container, at or above the shoulder of the container.
ATCP 90.08(15)(c)
(c) Declaration of product identity; soft drinks and bottled water. On a bottle of soft drink or bottled water, the declaration of product identity need not comply with the location requirement under s.
ATCP 90.02 (2), provided that the declaration appears on the bottle closure.
ATCP 90.08(15)(d)
(d) Multi-unit packages of soft drink or bottled water. Multi-unit packages of soft drink or bottled water need not bear a declaration of product identity under s.
ATCP 90.02 or a declaration of responsibility under s.
ATCP 90.03, provided that the individual soft drink containers in the multi-unit package comply with ss.
ATCP 90.02 and
90.03.
