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)(a) (a) Each of the component packages in the multi-unit package is labeled in compliance with ss. ATCP 90.02 to 90.04.

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) (5) Random packages. A random package need not comply with s. ATCP 90.04 (4), or with s. ATCP 90.07 (2), (5) or (6), provided that the random package complies with both of the following requirements:

ATCP 90.08(5)(a) (a) The package bears a label which conspicuously declares the net weight of the package contents, expressed in inch-pound units under s. ATCP 90.05 (1) or metric units under s. ATCP 90.06 (1).

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) (8) Packages of container-type 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) (b) Bags.

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).