Chapter Tax 11

Marshmallow creme.

Marshmallows that contain flour.

Mayonnaise.

Meal.

Meat and meat products.

Meat extracts and tenderizers.

Melons.

Milk and milk products.

Mustard.

Newspapers, as defined in s. 77.51 (8), Stats.

Noodles.

Nuts, except as provided in par. (a).

Oil, cooking, salad.

Oleomargarine.

Olives.

Pancake mix.

Pasta.

Peanut butter.

Peanuts, in shell or canned, salted or not, except as provided in par. (a).

Pectins.

Pepper.

Pickles.

Pie and pie fillings.

Pie crust and mixes.

Popcorn, that is not candy as defined in sub. (3) (a).

Popcorn, unpopped.

Popsicles.

Potato chips, unless chocolate covered and do not contain flour as provided in par. (a).

Potato salad, as explained in sub. (3) (e).

Poultry and poultry products.

Powdered drink mixes, except dietary supplements.

Preserves.

Pretzels.

Puddings.

Raisins, except as provided in par. (a).

Ravioli.

Relishes.

Rice.

Rolls and biscuits.

Salad dressing.

Salt and salt substitutes.

Salted nuts.

Sardines.

Seafood.

Seasonings.

Sherbet.

Shortening.

Soup.

Spaghetti products.

Spices.

Spreads.

Sugar.

Sugar cubes.

Sweeteners.

Syrup.

Tea, bags, leaves or instant.

Tea and ice tea beverages that are not sweetened.

Trail mix.

Turkey.

Vanilla and vanilla extract.

Vegetable juices that contain more than 50% juice by volume.

Vegetables.

Vinegar.

Waffle mix.

Water, carbonated, unsweetened.

Water, flavored, unsweetened.

Water, unsweetened.

Yeast.

Yogurt and yogurt bars, cones and sundaes.

Tax 11.51(3) (3) Explanations of some taxable and exempt sales by grocers. For purposes of sub. (2):

Tax 11.51(3)(a) (a)

Tax 11.51(3)(a)1. 1. “Candy” is defined in s. 77.51 (1fm), Stats., to mean a preparation of sugar, honey, or other natural or artificial sweetener combined with chocolate, fruit, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. “Candy” does not include a preparation that contains flour or that requires refrigeration.

Tax 11.51(3)(a)2. 2. This definition is intended to be used when a person is trying to determine if a product that is commonly thought of as “candy” is in fact “candy.” The definition is not intended to be applied to every type of food product sold.

Tax 11.51 Note Example: Many products, such as meat products, breakfast cereals, potato chips, and canned fruits and vegetables are not commonly thought of as “candy.” The candy definition is not applicable to products such as these since they are not commonly thought of as candy.

Tax 11.51 Note Note: The definition of candy would be applied in a situation where a person is trying to determine if a product is “candy” as opposed to a cookie.

Tax 11.51 Note Note: A listing that determines whether various products meet the definition of “candy” was prepared by the Streamlined Sales Tax Governing Board (SSTGB) and can be found in the Rules and Procedures of the SSTGB at http://www.streamlinedsalestax.org.

Tax 11.51(3)(a)3. 3. Candy must be a “preparation” that contains certain ingredients, other than flour. A “preparation” is a product that is made by means of heating, coloring, molding, or otherwise processing any of the ingredients listed in the candy definition. For example, reducing maple syrup into pieces and adding coloring to make maple candy is a form of preparation.

Tax 11.51(3)(a)4. 4. Candy must be sold in the form of bars, drops, or pieces.

Tax 11.51(3)(a)4.a. a. A “bar” is a product that is sold in the form of a square, oblong, or similar form.

Tax 11.51 Note Example: Company A sells one pound square blocks of chocolate. The blocks of chocolate are “bars.”

Tax 11.51(3)(a)4.b. b. A “drop” is a product that is sold in a round, oval, pear-shaped, or similar form.

Tax 11.51 Note Example: Company B sells chocolate chips in a bag. Each individual chocolate chip contains all of the ingredients indicated on the label. The chocolate chips are “drops.”

Tax 11.51(3)(a)4.c. c. A “piece” is a portion that has the same make-up as the product as a whole. Individual ingredients and loose mixtures of items that make up the product as a whole are not pieces. Exception: If a loose mixture of different items that make up the product as a whole are all individually considered candy and are sold as one product, that product is also candy.

Tax 11.51 Note Examples: 1) Company C sells jellybeans in a bag. Each jellybean is made up of the ingredients indicated on the label. Each jellybean is a “piece” or “drop.”

Tax 11.51 Note 2) Company D sells trail mix in a bag. The product being sold (e.g., trail mix), is made up of a mixture of carob chips, peanuts, raisins, and sunflower seeds. The individual items that make-up the trail mix are not “pieces,” but instead are the ingredients, which when combined, make up the trail mix. Therefore, the trail mix is not sold in the form of bars, drops, or pieces.

Tax 11.51 Note 3) Company E sells a product called “candy lover’s mix.” “Candy lovers mix” is a product that is made up of a loose mixture of jellybeans, toffee, and caramels. Individually, the jellybeans, toffee, and caramels are all candy. The sale of the mixture is the sale of candy since all of the individual items that make up the product are individually considered to be candy.

Tax 11.51(3)(a)5. 5. In order for a product to be treated as containing “flour,” the product label must specifically list the word “flour” as one of the ingredients. There is no requirement that the “flour” be grain-based and it does not matter what the flour is made from.

Tax 11.51 Note Examples: 1) The ingredient list for a breakfast bar lists “flour” as one of the ingredients. This breakfast bar is not “candy” since it contains flour.

Tax 11.51 Note 2) The ingredient list for a breakfast bar lists “peanut flour” as one of the ingredients. This breakfast bar is not candy because it contains flour.