ATCP 91.01(5)(d)(d) Candy or snack foods, except when sold as part of a ready-to-eat meal. ATCP 91.01(6)(6) “Sell,” “sale,” or “sold” includes any advertising or offer to sell. ATCP 91.01(7)(7) “Sold at retail” means any sale of commodities directly to the consumer. ATCP 91.01(8)(8) “Weight” means the weight of a commodity excluding any materials, substances, or items that are not part of the commodity. ATCP 91.01 HistoryHistory: Cr. (1), (2), (4), (5), (8), (9), (10), (11) and (12), renum. and am. (3), (6) and (13) from Ag 54.02 (1), (2) and (4), renum. (7) from Ag 54.02 (3), Register, February, 1991, No. 422, eff. 3-1-91; r. and recr. (11), cr. (12m) and (14); Register, June, 1998, No. 510, eff. 7-1-98; CR 02-141: r. and recr. (1) Register August 2003 No. 572, eff. 9-1-03; CR 09-037: am. (1), r. (2), (5), (6), (8) to (10) and (12m), renum. (3), (7), (11), (12), (13), (14) to be (2), (3), (5), (6), (7), (8) and am. (5) (intro.), r. and recr. (4) Register December 2009 No. 648, eff. 1-1-10; CR 10-122: am. (4) Register July 2011 No. 667, eff. 8-1-11; CR 13-043: am. (4) Register February 2014 No. 698, eff. 5-1-14; CR 14-047: am. (4) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (4) Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (4), Register January 2020 No. 769, eff. 2-1-20. ATCP 91.015(1)(1) Liquid commodities shall be sold by liquid measure, except that liquid commodities may be sold by weight if that method is in general use and gives meaningful and accurate information as to the quantity of the commodity sold. ATCP 91.015(2)(2) Non-liquid commodities shall be sold by weight, except that non-liquid commodities may be sold by count or measure if that method is in general use and gives meaningful and accurate information as to the quantity of the commodity sold. ATCP 91.015 HistoryHistory: Cr. Register, June, 1998, No. 510, eff. 7-1-98; CR 09-037: r. and recr. Register December 2009 No. 648, eff. 1-1-10. ATCP 91.02ATCP 91.02 Bulk commodities sold by weight. ATCP 91.02(1)(1) Whenever a bulk or unpackaged commodity is offered for sale by weight, the price of that commodity shall be computed, advertised, and displayed according to NIST Handbook 130, ch. IV.B, section 1.9. ATCP 91.02(2)(2) If a retailer displays more than one type of bulk or unpackaged commodity for sale by weight in the same retail display, the retailer shall declare all of the prices of the displayed commodities per the same whole unit of weight. ATCP 91.02(3)(3) No person may sell a bulk or unpackaged commodity by weight at retail unless one of the following applies: ATCP 91.02(3)(b)(b) The weights of individual commodity units are accurately premarked on those units. ATCP 91.02(3)(c)(c) A placard stating the guaranteed minimum individual weight of the individual commodity units displayed for sale is conspicuously posted at the display location. ATCP 91.02(4)(4) The weight of a bulk or unpackaged commodity sold by weight may not include the weight of the containers or wrappers, if any, in which those commodities are sold. ATCP 91.02 NoteNote: For example, the weight of candy sold in bulk by weight may not include the weight of individual candy wrappers.
ATCP 91.02(5)(5) When a bulk commodity sold by weight is delivered by vehicle to an individual purchaser, the bulk delivery shall comply with s. 98.22, Stats. ATCP 91.02 HistoryHistory: Cr. Register, July 1977, No. 259, eff. 8-1-77; renum. and am. (1), (2), (4) to Ag 54.01 (3), (6) and (13), renum. (3) to Ag 54.01 (7), (1) renum. from Ag 54.07, cr. (2) and (3) Register, February 1991, No. 422, eff. 3-1-91; r. and recr., Register, June, 1998, No. 510, eff. 7-1-98; CR 09-037: am. (1) Register December 2009 No. 648, eff. 1-1-10. ATCP 91.03ATCP 91.03 Commodity types; methods of sale. ATCP 91.03(1)(1) Food commodities. Except as provided in sub. (2), the following food commodities shall be sold in compliance with the following requirements: ATCP 91.03(1)(a)(a) Bread. Bread shall be sold by weight unless it is clearly identified and sold as “stale bread.” ATCP 91.03 NoteNote: Section 98.21, Stats., also requires bread to be sold by weight unless it is sold as stale bread. ATCP 91.03(1)(b)(b) Butter, margarine, and like spreads. Food commodities covered by NIST Handbook 130, ch. IV.B, section 1.3, shall be sold in compliance with that section. ATCP 91.03 NoteNote: Butter sold in Wisconsin must also comply with grading standards under s. 97.176, Stats. Margarine sold in Wisconsin must also comply with quality standards under s. 97.18, Stats. ATCP 91.03(1)(c)(c) Cheese. Cheese shall be sold by weight. The declared weight of cheese coated with wax may not include the wax.