Chapter ATCP 90

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) (15) Fruit juice, bottled water, and soft drinks.

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.

ATCP 90.08(16) (16) Flour and eggs.

ATCP 90.08(16)(a) (a) Wheat flour. If wheat flour is packaged in units of 2, 5, 10, 25, 50, or 100 pounds, the net quantity declaration need not comply with the location requirement under s. ATCP 90.07 (2).

ATCP 90.08(16)(b) (b) Corn flour and corn meal. If corn flour or corn meal is packaged in units of 5, 10, 25, 50, or 100 pounds, the net quantity declaration need not comply with the location requirement under s. ATCP 90.07 (2).

ATCP 90.08(16)(c) (c) Eggs. The net quantity declaration on a carton of 12 eggs need not comply with the location requirement under s. ATCP 90.07 (2). If an egg carton is designed so that the retail purchaser can divide the carton in half, each half is exempt from the labeling requirements under this chapter, provided that the whole carton complies with this chapter.

ATCP 90.08(17) (17) Cosmetics in decorative containers. If cosmetics are packaged in “boudoir-type” containers, including decorative containers of the “cartridge,” “pillbox,” “compact,” or “pencil” variety, or containers with a capacity of 7 grams (1/4 oz.) or less, labeling required under this chapter to appear on the principal display panel may appear on a tear-away tag or tape affixed to the container.

ATCP 90.08(18) (18) Film and recording media. The net quantity declaration on packages of film, recording tape, or other image and audio media packaged and labeled for retail sale need not be expressed according to s. ATCP 90.05 or 90.06, provided that the net quantity declaration complies with the following applicable requirements:

ATCP 90.08(18)(a) (a) Unexposed or unrecorded media.

ATCP 90.08(18)(a)1. 1. For unexposed still film, still tape, or other still image media, the net quantity shall be expressed in terms of the guaranteed number of available still image exposures included in the package. The net quantity declaration may also state the length and width measurements of the individual exposures, expressed in millimeters or inches.

ATCP 90.08(18)(a)2. 2. For unexposed bulk or movie film, the net quantity shall be expressed in terms of the guaranteed length of film, in meters or feet, that is available for exposure.

ATCP 90.08(18)(a)3. 3. For unexposed electronic recording media, the net quantity shall be expressed in terms of the guaranteed length of available recording time. The net quantity declaration shall disclose, in connection with the available recording time, the applicable recording speeds, playing speeds, and machine settings as necessary. The declaration may also state the linear measure of the recording medium.

ATCP 90.08(18)(b) (b) Exposed, recorded, or processed media.

ATCP 90.08(18)(b)1. 1. For exposed or processed still image media, the net quantity shall be expressed in terms of the number of still images included in the package. The net quantity declaration may also state the length and width measurements of the individual exposures, expressed in millimeters or inches.

ATCP 90.08(18)(b)2. 2. For exposed or processed film or recording media, other than still image media, the net quantity shall be expressed in terms of the entertainment time included in the package. Entertainment time means the time beginning with the first frame of sound or picture, whichever comes first after any countdown sequence, and ending with the last frame of credits, the last frame of the phrase “the end,” or the end of sound, whichever occurs last.

ATCP 90.08(19) (19) Tint-based paint. The net quantity declaration on containers of tint base paint shall specify the net quantity prior to the addition of colorant at retail, except that a declared net quantity of one quart or one gallon may include colorant selected by the purchaser and added at retail if all of the following conditions are met:

ATCP 90.08(19)(a) (a) The system employed by the responsible manufacturer, packer, or distributor ensures that the retail purchaser always obtains a quart or a gallon after colorant is added.

ATCP 90.08(19)(b) (b) The net quantity declaration on the principal display panel includes a statement indicating that the tint base paint is not to be sold without the addition of colorant.

ATCP 90.08(19)(c) (c) The container label states, in fluid ounces, the net quantity of tint base paint included in the container prior to the addition of colorant at retail.

ATCP 90.08(20) (20) Motor oil in cans. If motor oil is packaged in cans, the society of automotive engineers (SAE) viscosity number need not appear on the principal display panel, provided that all of the following conditions are met:

ATCP 90.08(20)(a) (a) The principal display panel appears on the body of the motor oil can.

ATCP 90.08(20)(b) (b) The SAE viscosity number appears on the can lid and is expressed in letters and numerals in type size of at least 6 mm or 1/4 inch.

ATCP 90.08(21) (21) Liquefied petroleum gas in portable refillable containers. No person may sell or exchange at retail, or offer for sale or exchange at retail, liquefied petroleum gas in a portable refillable container unless all of the following apply:

ATCP 90.08(21)(a) (a) The tare weight of the container is clearly and conspicuously disclosed on the container, as required under s. 98.245 (2), Stats.

ATCP 90.08(21)(b) (b) The net quantity of liquefied petroleum gas in the container is clearly and conspicuously disclosed on the container, or on a tag attached to the container. The format of the declaration shall comply with s. ATCP 90.04.

ATCP 90.08(21)(c) (c) A declaration of responsibility is attached to the container, or conspicuously posted at the location where the liquefied petroleum gas is offered or displayed for sale or exchange. The declaration shall comply with s. ATCP 90.03, except as provided in this paragraph.

ATCP 90.08 Note Note: See also s. 98.245, Stats., and ch. ATCP 92, subch. V.

ATCP 90.08 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94; cr. (21), Register, June, 1998, No. 510, eff. 7-1-98; CR 14-047: am. (14) (a) 2. Register May 2015 No. 713, eff. 6-1-15.

ATCP 90.09 ATCP 90.09 Variations from declared net quantity.

ATCP 90.09(1) (1) Individual package.

ATCP 90.09(1)(a) (a) Except as provided under par. (b), no person may sell any commodity in a package containing a net quantity of that commodity which is less than the net quantity declared on the package label.

ATCP 90.09(1)(b) (b) A shortage in an individual package does not violate par. (a) if both of the following apply:

ATCP 90.09(1)(b)1. 1. The shortage is a result of unavoidable variations in quantity that occur despite good packaging and distribution practices.

ATCP 90.09(1)(b)2. 2. The shortage is not an unreasonable shortage.

ATCP 90.09(1)(c) (c) If a shortage is found in a package that is part of an enforcement sample that violates sub. (3) (a), it is rebuttably presumed that the shortage in that individual package does not qualify for exemption under par. (b).

ATCP 90.09(1)(d) (d) A seller who violates par. (a) is subject to enforcement action under s. 98.26 (1) (c), Stats.

ATCP 90.09(2) (2) Enforcement sample and inspection lot.

ATCP 90.09(2)(a) (a) The department or a municipal sealer may determine the net contents of packaged commodities in an inspection lot based on an enforcement sample collected from that inspection lot. The enforcement sample shall be collected, tested, and analyzed according to applicable provisions of the NIST Handbook 133. Unless otherwise specified by NIST Handbook 133, the inspection lot shall be determined according to par. (b).

ATCP 90.09(2)(b) (b) The department or municipal sealer shall determine the scope of an inspection lot before collecting an enforcement sample from that lot under par. (a). An inspection lot may consist of any group of identically labeled packages found at the same manufacturing, wholesale, or retail premises. An inspection lot may include packages from different manufacturing or production lots, and from different wholesale shipments or deliveries.

ATCP 90.09(2)(c) (c) For purposes of par. (b), packages are identically labeled if they are of the same size and if they bear the same declaration of product identity under s. ATCP 90.02, the same declaration of responsibility under s. ATCP 90.03, and the same declaration of net quantity under s. ATCP 90.04, regardless of any other differences in label content or format.

ATCP 90.09 Note Note: A copy of the NIST Handbook 133, Checking the Net Contents of Packaged Goods, is on file with the department and the legislative reference bureau.

ATCP 90.09(3) (3) Enforcement sample tests short; order prohibiting sale of inspection lot.

ATCP 90.09(3)(a) (a) In any enforcement sample under sub. (2) (a), the average net quantity per package may not be less than the net quantity declared on the package label.

ATCP 90.09(3)(b) (b) If an enforcement sample violates par. (a), the department or a municipal sealer may issue an order prohibiting the sale of the entire inspection lot from which that enforcement sample was collected.

ATCP 90.09(4) (4) Unreasonable shortages; order prohibiting sale.

ATCP 90.09(4)(a) (a) If, in any enforcement sample under sub. (2) (a), the number of unreasonable shortages in individual packages exceeds the number specified for an enforcement sample of that size in the NIST Handbook 133, the department or a municipal sealer shall issue an order prohibiting the sale of the entire inspection lot from which that enforcement sample is collected.

ATCP 90.09(4)(b) (b) The department or a municipal sealer may prohibit the sale of any individual package having an unreasonable shortage, regardless of whether that package is part of an enforcement sample under sub. (2) (a).

ATCP 90.09 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94; r. and recr. (2), am. (4) (a), Register, June, 1998, No. 510, eff. 7-1-98; CR 14-047: am. (2) (a), (4) (a) Register May 2015 No. 713, eff. 6-1-15.

ATCP 90.10 ATCP 90.10 Nutritional labeling of food.

ATCP 90.10(1) (1) Except for meat and poultry products under sub. (2), food sold or distributed for sale in this state shall be labeled in compliance with applicable rules adopted by the United States food and drug administration under 21 CFR 101, 102, 104, 105, and 130.

ATCP 90.10(2) (2) Meat and poultry products sold or distributed for sale in this state shall be labeled in compliance with applicable rules adopted by the United States department of agriculture under 9 CFR 317.300 to 317.400, 320.1, 381.175, and 381.400 to 381.500.

ATCP 90.10 Note Note: This section is adopted under s. 97.09 (4), Stats. See also s. 97.09 (1), Stats., related to food definitions and standards of identity, composition, quality, and fill of container.

ATCP 90.10 Note Note: Section ATCP 90.10 takes effect on April 1, 1994 or on the effective date of the federal rule incorporated by reference, whichever occurs later.

ATCP 90.10 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94.