Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 106 - Price gouging during an emergency
Section ATCP 106.01 - Definitions

(1) "Abnormal economic disruption" means a disruption or threat of disruption to normal business transactions, due to an emergency.

(2) "Consumer good or service" means a good or service that is sold for use by consumers primarily for personal, family or household purposes, but does not include parts or raw materials sold or distributed for subsequent manufacture of a consumer good.

(3) "Cost" means the seller's cost to obtain, replace or produce a consumer good or service and to provide that consumer good or service to the customer. Cost includes all of the following:

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

(5) "Emergency" means circumstances identified by the governor in an emergency declaration, including any of the following:

(6) "Emergency area" means this state or that part of this state identified, in an emergency declaration, as being affected by abnormal economic disruption.

(7) "Emergency declaration" means an executive order, issued by the governor, which declares that this state or a part of this state is affected by abnormal economic disruption due to an emergency.

(8) "Emergency period" means the time period during which an emergency declaration is in effect.

(9) "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.

(10) "Like consumer goods or services" means identical or essentially identical consumer goods or services.

(11) "Like customers" means customers whom the seller, in the ordinary course of business, normally treats as equivalent customers for pricing and sale purposes.

Note: For example, if a seller sells like consumer goods or services both at wholesale and at retail, and normally charges lower prices to wholesale customers than to retail customers, the wholesale customers are not considered "like customers" to the retail customers.

(12) "Normal markup" means a percentage markup, over the seller's cost, that the seller has regularly used in the sale of like consumer goods or services to like customers in the relevant trade area during the 60-day period immediately preceding the emergency declaration.

(13) "Relevant trade area" means the market area, including the relevant point of sale under s. ATCP 106.02(1), in which the seller normally sells like consumer goods or services to like customers at like prices.

Note: The "relevant trade area" may be larger or smaller than the emergency area. The "relevant trade area" would not include areas where prevailing prices normally differ from those charged locally. For example, a multi-state or multi-national seller may not justify inflated local prices based on sales at distant locations where prices are normally higher. On the other hand, an emergency declaration could conceivably encompass 2 or more distinct trade areas in which prices for the same consumer good or service routinely differ.

(14) "Sale" means a contract to sell, an offer to sell, or an advertisement announcing a willingness to sell.

(15) "Sell" means to contract, advertise or offer for sale at wholesale or retail.

(16) "Sale at retail" means sale to consumers primarily for their consumption or use, and not for resale or for further distribution, manufacturing or processing.

(17) "Sale at wholesale" means sale other than sale at retail.

(18) "Seller" means a manufacturer, producer, supplier, wholesaler, distributor or retailer.