Ch. ATCP 109 Note Note: This chapter is adopted under authority of s. 100.20 (2), Stats., and is administered by the Wisconsin department of agriculture, trade and consumer protection. Violations of this chapter may be prosecuted under s. 100.20 (6), 100.26 (3) or (6), Stats. A person who suffers a monetary loss because of a violation of this chapter may sue the violator directly under s. 100.20 (5), Stats., and may recover twice the amount of the loss, together with costs and reasonable attorneys’ fees.

ATCP 109.01 ATCP 109.01 Definitions.

ATCP 109.01(1) (1) “Buyer” means both actual and prospective purchasers but does not include persons purchasing for resale.

ATCP 109.01(2) (2) “Contract” means all written agreements subscribed by a buyer and includes promissory notes and sales agreements.

ATCP 109.01(3) (3) “Food service plan” means any contract under which the seller agrees to furnish the buyer with any food, or food and any other product or service, whether or not a membership fee or similar charge is involved. It includes a contract to furnish a wholesale cut.

ATCP 109.01(4) (4) “Misrepresent” means the use of any untrue, deceptive or misleading oral or written statement, advertisement, label, display, picture, illustration or sample.

ATCP 109.01(5) (5) “Person” means individuals, corporations, partnerships and any other form of business organization, and all officers, directors, agents, employees and representatives thereof.

ATCP 109.01(6) (6) “Custom cutter” means one who breaks down carcass meat into retail cuts.

ATCP 109.01(7) (7) “Product” means food and non-food consumer goods unless otherwise indicated.

ATCP 109.01(8) (8) “Represent” means the use of any form of oral or written statement, advertising, label, display, picture, illustration or sample.

ATCP 109.01(9) (9) “Seller” means any person soliciting or making a sale, whether or not a contract is involved, and includes a principal or any other person for whom the sale is procured.

ATCP 109.01(10) (10) “Wholesale cut” means a whole carcass of beef, swine or sheep or any part thereof customarily classified as being of commercial size and usually requiring further cutting into cuts of retail size for use by consumers.

ATCP 109.01 History History: Cr. Register, September, 1967, No. 141, eff. 1-1-68; am. (2), Register, December, 1967, No. 144, eff. 1-1-68; am. (2), (3) and (4), renum. (6) to (9) to be (7) to (10) and cr. (6), Register, June, 1975, No. 234, eff. 7-1-75; correction in (9) made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1993, No. 448.

ATCP 109.02 ATCP 109.02 Prohibited trade practices. No person advertising, offering for sale or selling any wholesale cut or food service plan shall engage in any unfair methods of competition or unfair trade practices, and particularly including, but not limited to the following:

ATCP 109.02(1) (1) Bait selling.

ATCP 109.02(1)(a) (a) Disparage or degrade any product advertised or offered for sale by the seller, or display any product or depiction thereof to any buyer in such a manner as would be likely to discourage the sale of the advertised or offered product, in order to induce the purchase of another product, or represent that a product is for sale when such representation is used primarily to sell another product.

ATCP 109.02(1)(b) (b) Substitute any product for that ordered by the buyer without the buyer’s consent.

ATCP 109.02(1)(c) (c) Fail to have available a sufficient quantity of any product represented as being for sale to meet reasonably anticipated demands, unless the available amount is disclosed fully and conspicuously.

ATCP 109.02(2) (2) Price concessions and special offers.

ATCP 109.02(2)(a) (a) Misrepresent to the buyer that the buyer is being given an introductory, confidential, close-out, going out of business, factory, packer, special or wholesale price or discount, grand opening or any similar price concession. Grand opening sales shall not extend more than 21 days after the first announcement of the promotion.

ATCP 109.02(2)(b) (b) Offer any gift or prize, without fully and conspicuously disclosing all terms of the offer, including all rules, conditions and the expiration date of the offer. Any gift or prize offered shall be given at the time any potential recipient qualifies for the gift or prize as set forth in the offer.

ATCP 109.02(2)(c) (c) Misrepresent that insurance or some other form of protection is available to the buyer, or misrepresent the terms, conditions or limitations thereof.

ATCP 109.02(2)(d) (d) Misrepresent that the buyer will receive certain benefits or privileges from payment of a membership fee or similar charge, or fail to furnish to the buyer prior to the signing of any contract a written statement of all such benefits and privileges.

ATCP 109.02(3) (3) Savings representations.

ATCP 109.02(3)(a) (a) Use any price list related to the seller’s food service plan which contains prices other than the seller’s current billing prices.

ATCP 109.02(3)(b) (b) Fail to furnish to, and leave with the buyer prior to the signing of any contract or the placing of any order pursuant to the contract, a written copy of a current price list which shall contain an accurate description and the billing price of each product on the list including, whenever applicable, for food products: grade, net weight or measure, brand or trade name; and for non-food products: brand or trade name, model number and year, size or capacity. All price lists shall conspicuously specify an expiration date. Orders placed with the seller prior to the expiration date shall be billed at the prices set forth in such current price list.

ATCP 109.02(3)(c) (c) Misrepresent the amount of money that the buyer will save on purchases of any product or compare the seller’s prices either with prices of other sellers not selling in the same trade area or with prices of products which are not of the same grade or quality.

ATCP 109.02(3)(d) (d) Represent to the buyer that a specified amount of food products or the cost thereof is sufficient to meet the requirements of the buyer. Any computation as to amount of food required shall be determined solely by the buyer, except that the seller may furnish current official government data on average food consumption and costs. A written itemization of all food to be sold, with the price and accurate description of each item including, whenever applicable, grade, net weight or measure, and brand or trade name shall be furnished to the buyer prior to the signing of any contract.

ATCP 109.02(3)(e) (e) Misrepresent that the buyer can purchase all or most of the buyer’s food requirements, or any non-food product in connection with a food service plan.