Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 137 - Environmental labeling of products
Subchapter II - Plastic Containers; Labeling for Recycling
Section ATCP 137.12 - Definitions

Current through August 26, 2024

The definitions set forth in s. 100.33, Stats., apply to this subchapter. For the purpose of interpreting s. 100.33, Stats., and this subchapter:

The above definitions provide additional detail to the larger definition of "plastic container" in s. 100.33(1) (c), Stats., which is as follows:

100.33 (1) (c) "Plastic container" means an individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale, as defined under s. 100.30(2) (h).

Section 100.33(1) (ad), Stats., defines "blister pack" as a "container in which an item has a covering of plastic film or preformed semirigid plastic and the covering is affixed to a rigid backing." Blister packs are used to package various items, such as lunch meat, hardware and sporting goods that are displayed by hanging the blister packs from hooks.

Under the definition of "plastic container", empty plastic cups sold at retail (such as those sold in quantities of 50 for picnics) are not required to be labeled because they are not "originally used to contain a product that is the subject of a retail sale". On the other hand, empty plastic cups a wholesaler sells to a retailer, which the retailer will fill in order to sell a beverage, must be labeled.

Plastic containers used to hold pesticides can be recycled, but only in accordance with the pesticide label's directions. In most situations, containers holding pesticides cannot be reused. See ch. ATCP 29 for other rules regarding pesticide use and disposal.