Chapter ATCP 109

ATCP 109.02(6)(g) (g) Represent the price of a wholesale cut in terms other than price per single pound.

ATCP 109.02(6)(h) (h) In all wholesale cut advertising which in any manner represents the availability of credit terms or payment plans, the seller shall fully disclose if the purchaser must obligate himself or herself to a party other than the seller if the total of the purchaser’s obligation is not fully paid at the time of delivery.

ATCP 109.02(7) (7) Product representation.

ATCP 109.02(7)(a) (a) Misrepresent the cut, grade, brand or trade name, or weight or measure of any food product.

ATCP 109.02(7)(b) (b) Use the abbreviation “U.S.” in describing a food product not graded by the United States department of agriculture, except that foods may be described as “U.S. Inspected” when true.

ATCP 109.02(7)(c) (c) Misrepresent a food product through the use of any term similar to a government grade.

ATCP 109.02(7)(d) (d) Fail to disclose, when a yield grade is advertised, a definition of the yield grade in the following terms:

“Yield Grade 1—Extra Lean”

“Yield Grade 2—Lean”

“Yield Grade 3—Average Waste”

“Yield Grade 4—Wasty”

“Yield Grade 5—Exceptionally Wasty”

ATCP 109.02(7)(e) (e) Advertise or offer for sale in combinations wholesale cuts with one unit price.

ATCP 109.02(7)(f) (f) Fail to disclose fully and conspicuously the correct government grade for any food product if such product is represented as having been graded.

ATCP 109.02(7)(g) (g) Fail to disclose fully and conspicuously that the yield of consumable meat from any wholesale cut will be less than the weight of the wholesale cut. The seller shall, for each wholesale cut advertised, use separately and distinctly in at least 10 point type the following disclosure: “Sold hanging weight subject to cutting loss.”

ATCP 109.02(7)(h) (h) Misrepresent the amount or proportion of retail cuts that a wholesale cut of meat will yield.

ATCP 109.02(7)(i) (i) Fail to furnish the buyer with a complete and accurate signed statement, at the time of delivery, showing the net weight of meat delivered to the buyer. If weighed with immediate wrappings, such fact shall be stated. Both the actual net weight of the wholesale cut, prior to cutting and trimming, and the delivered weight shall be disclosed to the buyer in writing at time of delivery. This section shall apply separately to each wholesale cut sold on any individual order.

ATCP 109.02(7)(j) (j) Fail to disclose fully and conspicuously whether a quarter of a carcass is the front or hind quarter, or represent any meat as a quarter if it has been cut from a quarter prior to sale.

ATCP 109.02(7)(k) (k) Represent any wholesale cut as a “half” or “side” unless it consists of a front and hind quarter. Both quarters shall be from the same side of the same animal unless the seller discloses fully and conspicuously that they are from different sides or different animals as the case may be. Each quarter shall be of the same grade or quality as the other quarters comprising the half or side and the seller shall advise the buyer of the weight of each quarter prior to sale. In selling quarters individually or as part of a half or side, if actual weights are not known or cannot be determined prior to sale, approximate weights may be used, provided: The buyer is informed that the weights are approximate, the weights are so identified on any purchase order or contract, and the seller agrees with the buyer, in writing, to make a cash refund or grant a credit on delivery for the difference between actual weight and the approximate weight on which the sale was made.

ATCP 109.02(7)(L) (L) Use the words “bundle”, “sample order”, “split side”, or words of similar import to describe a quantity of meat or poultry unless the seller itemizes each cut and the weight thereof which the buyer will receive.

ATCP 109.02(7)(m) (m) Advertise or offer free, bonus or extra product or service combined with or conditioned on the purchase of any other product or service unless such additional product or service is accurately described including, whenever applicable, grade, net weight or measure, type, and brand or trade name. The words “free,” “bonus,” or other words of similar import, shall not be used in any advertisement unless the advertisement clearly and conspicuously sets forth the total price or amount which must be paid to entitle the buyer to the additional product or service.

ATCP 109.02(7)(n) (n) Misrepresent the breed, origin or diet of slaughtered animals or parts thereof offered for sale. Sellers making such claims shall have written records available to substantiate such fact.

ATCP 109.02(7)(o) (o) Represent the price of any food freezer without fully and conspicuously disclosing its brand or trade name, model number and year, and size or capacity.

ATCP 109.02 History History: Cr. Register, September, 1967, No. 141, eff. 1-1-68; am. (4) (b) and (7) (g) and (i), Register, December, 1967, No. 144, eff. 1-1-68; am. (6) (b), Register, May, 1968, No. 149, eff. 6-1-68; am. (1) (intro. par.), (1) (a), (3) (a), (4) (b), (6) (a), (6) (b), and (6) (g), r. (2) (a), renum. (2) (b) and (c) to be (2) (a) and (b) and am., renum. (2) (d) and (e) to be (2) (c) and (d), renum. (3) (b) to (d) to be (3) (c) to (e), am. (3) (d), cr. (3) (b), cr. (6) (h), renum. (7) (d) to (m) to be (7) (f) to (o), am. (7) (g), (i), (l) and (m) and cr. (7) (d) and (e), Register, June, 1975, No. 234, eff. 7-1-75; corrections made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1993, No. 448.

ATCP 109.03 ATCP 109.03 Contract requirements.

ATCP 109.03(1) (1) Service plan. Any seller of a food service plan which does not involve an extension of credit shall comply with the following:

ATCP 109.03(1)(a) (a) Give the buyer at the time of execution a true copy of the contract, which shall include its date of execution and all terms and conditions of the sale and a copy of any price list, guarantee, service agreement or other document incorporated or referred to in the contract.

ATCP 109.03(1)(b) (b) Print clearly and conspicuously on the contract the name and mailing address of the seller.

ATCP 109.03(1)(c) (c) All blank spaces shall be filled in or a line drawn through them before the contract is signed by the buyer.

ATCP 109.03(1)(d) (d) When a representation is made that insurance will be provided, the terms, conditions and limitations thereof, as well as the name and address of the insurer if different from the seller shall be set forth in the contract or in a separate insurance policy. The individual policy, group certificate or notice of proposed insurance shall be furnished to the buyer prior to execution of the contract. If the individual policy is not furnished at the time the contract is executed, the contract shall state when the individual policy will be furnished to the buyer.

ATCP 109.03(2) (2) Cancellation.

ATCP 109.03(2)(a) (a) In all transactions which are not consumer approval transactions, the buyer shall have the right to cancel the contract until midnight of the third business day (as defined in s. 421.301 (6), Stats.) after the seller has given the notice to the buyer in accordance with this chapter. Notice of cancellation may be given by delivering or mailing written notice thereof, signed by the buyer, to the seller at the address set forth in the contract. Notice of cancellation given by mail shall be considered given at the time mailed. Notice of cancellation need not take any particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the contract.

ATCP 109.03(2)(b) (b) The seller shall give 2 copies of a typed or printed notice to the buyer. The notice must:

ATCP 109.03(2)(b)1. 1. Be printed in capital and lowercase letters of not less than 12-point boldface type;

ATCP 109.03(2)(b)2. 2. Appear under the conspicuous caption: “CUSTOMER’S RIGHT TO CANCEL”;

ATCP 109.03(2)(b)3. 3. Read as follows: “You must cancel this agreement by mailing a written notice to (insert name and mailing address of seller) before midnight of the third business day after you signed this agreement. If you wish, you may use this page as that notice by writing “I hereby cancel” and adding your name and address. A duplicate of this page is provided by the seller for your records.”

ATCP 109.03(2)(b)4. 4. Compliance with requirements of federal statutes, rules or regulations governing form of notice of right of cancellation shall be deemed to satisfy the notice requirements of this chapter, provided such compliance does not deprive the customer of any rights or benefits the customer would otherwise enjoy under Wisconsin law.

ATCP 109.03(2)(c) (c) Within 10 days after the contract has been cancelled, the seller shall cause any money paid by the buyer, including a downpayment, to be returned to the buyer and shall take any appropriate action to reflect the termination of the transaction including any security interest created as a result.

ATCP 109.03(2)(d) (d) In the event that cancellation pursuant to par. (a) occurs subsequent to the delivery of any goods by the seller, the buyer has the duty to take reasonable care of the goods in the buyer’s possession before cancellation and for a reasonable time after tender, not to exceed 20 days. If the seller fails to comply with any of the provisions of par. (c), the seller is not entitled to any of the right or remedies set forth in this paragraph.

ATCP 109.03(3) (3) If any part of a contract is to be performed by a person other than the seller, the contract and all advertisements shall fully and conspicuously disclose the name and address of the person responsible for performance.

ATCP 109.03(4) (4) Every contract executed in connection with an initial sales transaction shall bear separately on its face the following statement:

“This contract is governed by ch. ATCP 109, Wis. Adm. Code, administered by the Wis. Dept. of Agriculture, Trade and Consumer Protection. Every holder takes subject to claims and defenses of the maker or obligor.”

ATCP 109.03(5) (5) Every contract shall state clearly and separately the total net price of food products sold; total net price of non-food products sold; service or delivery charges; and membership fees or similar charges.

ATCP 109.03(6) (6) Every contract shall describe separately all terms and conditions of any guarantee or warranty, including exclusions and time limitations, cost of repairs and replacement parts, labor or service charges, and replacement of unsatisfactory or unused product. If any part of the guarantee or warranty is given or is to be performed by any person other than the seller, that fact and the name and address of such person shall be stated in the contract. Any manufacturer’s guarantee or warranty for a non-food product shall be furnished to the buyer upon delivery of such product.

ATCP 109.03(7) (7) Every contract which includes a food freezer shall state specifically the brand or trade name, model number and year, and size or capacity of the freezer.

ATCP 109.03(8) (8) Contract provisions for liquidated damages for breach by the buyer shall be reasonable and in no event shall exceed 10% of the contract price or $25, whichever is less.

ATCP 109.03(9) (9) Contracts shall not contain any provision whereby the buyer agrees to waive any rights or defenses the buyer may have under this chapter.

ATCP 109.03(10) (10) No provision of this chapter shall be deemed to relieve the seller of any obligation the seller might otherwise have under the Wisconsin Consumer Act.

ATCP 109.03 History History: Cr. Register, September, 1967, No. 141, eff. 1-1-68; am. (1), (3), (4), (8) and (9), Register, December, 1967, No. 144, eff. 1-1-68; am. (4) (a) to (c), cr. (4) (d) and (e), am. (8) and cr. (13), Register, May, 1968, No. 149, eff. 6-1-68; r. and recr. Register, June, 1975, No. 234, eff. 7-1-75; corrections made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1993, No. 448; am. (4), Register, June, 1999, No. 522, eff. 7-1-99.

ATCP 109.04 ATCP 109.04 Custom cutters. Each custom cutter shall, for each wholesale cut, furnish to the customer a signed, written statement of the actual net weight of each wholesale cut prior to cutting and trimming, and the delivered weight after cutting and trimming.

ATCP 109.04 History History: Cr. Register, June, 1975, No. 234, eff. 7-1-75.