Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 90 - Fair Packaging And Labeling
Section ATCP 90.01 - Definitions

Universal Citation: WI Admin Code ยง ATCP 90.01

Current through August 26, 2024

As used in this chapter:

(1) "Alcohol beverage" has the meaning given under s. 125.02(1), Stats.

(2) "Bottled water" means all water packaged in bottles or other containers and sold or distributed for drinking purposes. "Bottled water" includes distilled water, artesian water, spring water, and mineral water, whether carbonated or uncarbonated.

(3) "Common fraction" means a numerical fraction, consisting of a numerator and denominator, which is reduced to its lowest terms and expressed in one of the following forms:

(a) In halves, quarters, eighths, sixteenths, or thirty- seconds.

(b) In thirds, if the fraction pertains to a linear measure expressed in yards or feet.

(c) In another form, if that form is firmly established in general consumer usage and trade custom.

(4) "Commodity" means any product or commodity that is sold, offered for sale, or held or distributed for sale in this state. "Commodity" includes a consumer commodity.

(5) "Consumer commodity" means any of the following:

(a) Food as defined under s. 97.01(6), Stats., except alcohol beverages.

(b) A drug as defined under 21 USC 321(g) (1), except biological animal products, antibiotics, drugs dispensed by prescription, and drugs containing insulin.

(c) A device as defined under 21 USC 321(h).

(d) A cosmetic as defined under 21 USC 321(i).

(e) An article, product, or commodity that is all of the following:
1. Customarily produced and distributed for retail sale to consumers.

2. Used by consumers for purposes of consumption, personal care, or the performance of household tasks.

3. In the process of use by consumers, is normally fully consumed or expended.

Note: A illustrative list of commodities included or excluded under par. (e) is available from the department. The list is based on interpretations made by the federal trade commission under 16 CFR 503.2 and 503.5 pursuant to the federal fair packaging and labeling act, 15 USC 1451 to 1461.

(6) "Consumer commodity in package form" means a consumer commodity that is enclosed in a package prior to retail sale. "Consumer commodity in package form" does not include any of the following:

(a) Bulk commodities that a consumer views and individually selects before the commodities are placed in a retail sale package.

(b) Unprocessed fruits or vegetables enclosed in transparent wrappings or containers, so that the fruit or vegetable contents are fully visible to the retail customer.

(c) Ready-to-eat restaurant foods or carryout foods served from bulk containers by the retailer.

(7) "Declaration of net quantity" means the declaration required to appear on the principal display panel of a package as provided under s. ATCP 90.04(1).

(8) "Distribute" means to distribute for sale, whether at wholesale or retail.

(9) "Enforcement sample" means a sample of packages collected from an inspection lot according to s. ATCP 90.09(2) (a).

(10) "Good packaging and distribution practices" means packaging and distribution practices that ensure, notwithstanding imperfections in the manufacture or processing of a commodity, that the actual net quantity of that commodity in a package will, to a reasonable degree of scientific and statistical certainty, conform to the declared net quantity at the point of retail sale.

(11) "Header label" or "header strip" means a label that is attached across the top of a bag or other container that bears no printed or graphic matter.

(12) "Inch-pound units" means the customary units of weight or measure identified under s. ATCP 90.05.

(13) "Inspection lot" has the meaning given under s. ATCP 90.09(2) (b).

(14) "Metric units" means the international system of units established in 1960 by the general conference on weights and measures and interpreted or modified for the United States by the United States secretary of commerce. "Metric units" includes the units of weight or measure identified under s. ATCP 90.06.

(15) "Multi-unit package" means a package containing 2 or more component packages of the same commodity, where each component package contains the same quantity of the commodity.

Note: For example, a multi-unit package might contain 6 individually packaged and labeled bars of soap.

(15g) " NIST Handbook 44 " means NIST Handbook 44 (2018 edition) published by the National Institute of Standards and Technology, United States department of commerce.

Note: Copies of NIST Handbook 44, Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices (2018 edition) are on file with the department and the legislative reference bureau. Copies may be obtained from the U.S. Government Printing Office, Stop SSOP, Washington, D.C. 20102-0001, website: www.nist.gov.

(15r) " NIST Handbook 133" means NIST Handbook 133 (2018 edition) published by the National Institute of Standards and Technology, United States department of commerce.

Note: Copies of NIST Handbook 133,Checking the Net Contents of Packaged Goods (2018 edition) are on file with the department and the legislative reference bureau. Copies may be obtained from the U.S. Government Printing Office, Stop SSOP, Washington, D.C. 20102-0001, website: www.nist.gov.

(16) "Package" means any container or wrapping in which a consumer commodity is enclosed for purposes of retail sale. "Package" does not include:

(a) An inner wrapping or container that is enclosed within an outer package, unless the inner wrapping or container is designed, labeled, or used as a package for the retail sale of a consumer commodity.

Note: For example, where a box (package) of chocolates contains individually wrapped chocolate confections, the inner wrappings do not constitute separate"packages" for labeling purposes under this chapter. However, individually packaged and labeled candy bars do constitute separate "packages" even when sold in multiples as part of a larger "multi-unit" package.

(b) A shipping container or wrapping used solely to transport consumer commodities to a manufacturer, packer, processor, wholesale distributor, or retailer, provided that the shipping container or wrapping is not designed or used for the retail sale of any consumer commodity.

(c) A container used to display consumer commodities or packages at retail, provided that the container is not sold at retail with the consumer commodities or packages.

(d) A container or wrapping in which consumer commodities or packages are placed after a retail customer has viewed and individually selected those commodities or packages for purchase.

(e) An auxiliary container or wrapping enclosing one or more packages, provided that the auxiliary container or wrapping does not obscure any package disclosure required under this chapter.

(f) A shipping container or outer wrapping used by a retailer to ship or deliver a consumer commodity to a retail customer, provided that the shipping container or outer wrapping does not bear any printed matter related to any consumer commodity.

(17) "Person" means an individual, corporation, partnership, association, or other business organization or entity.

(18) "Pesticide" has the meaning given under s. 94.67(25), Stats.

(19) "Principal display panel" means that part of a package which is most likely to be displayed to, or examined by, a consumer under normal conditions of retail sale. If a package includes more than one principal display panel, "principal display panel" includes each of those panels. If a package is cylindrical in shape, "principal display panel" means that 40% of the cylinder circumference that is most likely to be displayed or presented to a consumer under normal conditions of sale.

(20) "Random package" means either of the following:

(a) A package that is one of a lot, shipment, or delivery of packages of the same consumer commodity, where the packages have no fixed pattern of weights.

(b) Retail packages of cheese which the retailer has cut, weighed, packaged, and labeled for sale at retail.

(21) "Retail sale" means the retail sale of a commodity. "Retail sale" includes the retail display, offering, or delivery of a commodity for sale to consumers.

(22) "Sell" means to sell at wholesale or retail. "Sell" includes holding for sale, displaying for sale, offering for sale, or selling.

(23) "Soft drink" means all beverages commonly known as soft drinks or soda water, whether carbonated, uncarbonated, sweetened, or flavored.

(24) "Spot label" means a label, clearly defined by means of a border, indentation, or other demarcation, that covers only a portion of a principal display panel that contains no other printed or graphic matter of any kind.

(25) "Weight" means mass expressed in inch-pound units of weight or metric units of mass, or both, as provided in this chapter.

(26) "Unreasonable shortage" means a shortage that exceeds the maximum allowable variation specified for a commodity in the NIST Handbook 133.

A copy of the national institute of standards and technology handbook 133, " Checking the Net Contents of Packaged Goods," is on file with the department, the secretary of state and the legislative reference bureau.

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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