100.305(1)(c) (c) “Hostile action” means an act of violence against a person or property in the United States by a foreign power or by a foreign or domestic terrorist.

100.305(1)(d) (d) “Period of abnormal economic disruption” means a period of time during which normal business transactions in the state or a part of the state are disrupted, or are threatened to be disrupted, due to an emergency.

100.305(1)(e) (e) “Seller” means a manufacturer, producer, supplier, wholesaler, distributor, or retailer.

100.305(2) (2) Prohibition. No seller may sell, or offer to sell, in this state at wholesale or at retail, consumer goods or services at unreasonably excessive prices if the governor, by executive order, has certified that the state or a part of the state is in a period of abnormal economic disruption.

100.305(3) (3) Rules. The department shall promulgate rules to establish formulas or other standards to be used in determining whether a wholesale or retail price is unreasonably excessive.

100.305(4m) (4m) Enforcement; penalty. If a seller violates sub. (2), the department or, after consulting with the department, the department of justice, may do any of the following:

100.305(4m)(a) (a) Issue to the seller a warning notice specifying the action that the seller is required to take in order not to be in violation of sub. (2).

100.305(4m)(b) (b) Commence an action against the seller in the name of the state to recover a civil forfeiture of not more $10,000 or to temporarily or permanently restrain or enjoin the seller from violating sub. (2), or both.

100.305 History History: 2005 a. 450.

100.305 Cross-reference Cross-reference: See also ch. ATCP 106, Wis. adm. code.

100.307 100.307 Returns during emergency; prohibition.

100.307(1) (1) Definitions. In this section:

100.307(1)(a) (a) “Food product” has the meaning given in s. 93.01 (6).

100.307(1)(b) (b) “Personal care product” has the meaning given in s. 299.50 (1) (b).

100.307(2) (2) Certain returns prohibited during emergency. Except as provided in sub. (3), no person who sells food products, personal care products, cleaning products, or paper products at retail may accept a return of a food product, personal care product, cleaning product, or paper product during the public health emergency declared on March 12, 2020, by executive order 72, or during the 30 days immediately after the public health emergency ends.

100.307(3) (3) Exceptions. A person who sells food products, personal care products, cleaning products, or paper products at retail may accept a return of a food product, personal care product, cleaning product, or paper product if any of the following applies:

100.307(3)(a) (a) The product is returned no more than 7 days after purchase.

100.307(3)(b) (b) The product is adulterated within the meaning of s. 97.02 or defective as a result of a production error or defect.

100.307(4) (4) Other returns allowed. A retailer may accept a return of a product that is not prohibited by sub. (2).

100.307 History History: 2019 a. 185.

100.31 100.31 Unfair discrimination in drug pricing.

100.31(1) (1) Definitions. In this section:

100.31(1)(a) (a) “Drug” means any substance subject to 21 USC 353 (b).

100.31(1)(b) (b) “Purchaser” means any person who engages primarily in selling drugs directly to consumers.

100.31(1)(c) (c) “Seller” means any person who trades in drugs for resale to purchasers in this state.

100.31(2) (2) Price discrimination prohibited. Every seller shall offer drugs from the list of therapeutically equivalent drugs published by the federal food and drug administration to every purchaser in this state, with all rights and privileges offered or accorded by the seller to the most favored purchaser, including purchase prices for similar volume purchases, rebates, free merchandise, samples and similar trade concessions. Nothing in this subsection prohibits the giving of a discount for volume purchases.

100.31(3) (3) Treble damages. Any purchaser damaged by violation of this section may bring an action against the seller to recover treble damages sustained by reason of such violation.

100.31(4) (4) Penalties. For any violation of this section, the department or a district attorney may commence an action on behalf of the state to recover a forfeiture of not less than $100 nor more than $10,000 for each offense. Each delivery of a drug sold to a purchaser at a price in violation of this section and each separate day in violation of an injunction issued under this section is a separate offense.

100.31(5) (5) Special remedies. The department or a district attorney may bring an action to enjoin a violation of this section without being compelled to allege or prove that an adequate remedy at law does not exist. An action under this subsection may be commenced and prosecuted by the department or a district attorney, in the name of the state, in a circuit court in the county where the offense occurred or in Dane County, notwithstanding s. 801.50.