Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 105 - Sales Below Cost
Subchapter I - General Provisions
Section ATCP 105.001 - Definitions

Universal Citation: WI Admin Code ยง ATCP 105.001

Current through August 26, 2024

Except as otherwise provided, the definitions specified in s. 100.30(2), Stats., apply to this chapter. In this chapter and in s. 100.30, Stats.:

(1) "Customary discounts for cash" includes all discounts offered to a wholesaler or retailer that are conditioned on payment within a certain time.

(2) "Department" means the Wisconsin department of agriculture, trade and consumer protection.

(3) "Excise taxes" includes state and federal excise taxes, petroleum inspection fees and state and federal assessments on petroleum products to fund leaking underground storage tank programs.

(4) "Motor vehicle fuel" means any liquid prepared, advertised or sold for use as or commonly and commercially used as a fuel in internal combustion engines.

(4m) "Petroleum price reporting service" has the meaning given in s. 100.30(2) (cL), Stats.

(5) "Replacement cost of the merchandise" means the price to the wholesaler or retailer meeting all of the following requirements:

(a) The price is for the same merchandise as the merchandise whose cost is in question.

(b) The price is available for merchandise if bought in the same quantity as the quantity purchased on the most recent date before the date of the sale in question.

(c) The price was available between 2 dates: the date of the sale in question and the date, before this sale, when the wholesaler or retailer last purchased the same merchandise.

(6) "Terminal" means, for purposes of subch. III of ch. ATCP 105, a terminal under s. 100.30(2) (j), Stats., or group of terminals, under s. 100.30(2m) (c), Stats., for which a petroleum price reporting service routinely lists, on most days, prices offered by at least 3 refiners or wholesalers of motor vehicle fuel.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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