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 90.07 - Location and prominence of net quantity declaration

Universal Citation: WI Admin Code ยง ATCP 90.07

Current through February 26, 2024

(1) GENERAL. A declaration of net quantity under s. ATCP 90.04 shall appear on the principal display panel, and shall comply with this section.

(2) LOCATION AND POSITION.

(a) General. A declaration of net quantity shall appear in the bottom 30% of the principal display panel, except that the declaration may appear elsewhere on the principal display panel if the panel area is 32 cm2 (5 in2) or less. The declaration of net quantity shall be generally parallel to the base on which the package is designed to rest when displayed.

(b) Spot label or header label. If all of the required declarations under ss. ATCP 90.02 to are 90.04 contained on a spot label or header label, the declaration of net quantity may appear on the lower 30% of the spot label or header label, rather than on the lower 30% of the principal display panel.

(3) TYPE STYLE. A declaration of net quantity shall be boldly and clearly printed in a conspicuous type size and style, so that the declaration is conspicuous in relation to other printed or graphic matter on the principal display panel. The declaration may be blown, formed or molded onto a glass or plastic surface if all other printed or graphic matter is likewise blown, formed or molded onto that surface. Hand printed information, if any, shall be at least as conspicuous and legible as other printed information.

(4) COLOR CONTRAST. A declaration of net quantity shall be printed in a color that contrasts conspicuously with its background, except that a declaration blown, formed or molded onto a glass or plastic surface need not be in a contrasting color if all other printed or graphic matter is likewise blown, formed or molded onto that surface.

(5) SEPARATED FROM OTHER INFORMATION. The area immediately surrounding a declaration of net quantity shall be free of other printed information. The free area shall extend above and below the declaration by a distance equal to not less than the lettering height required for the declaration under sub. (6). The free area shall extend to the left and right of the declaration by a distance equal to at least twice the width of the letter "N" of the style used in the declaration and the size required for the declaration under sub. (6).

(6) MINIMUM SIZE OF NUMBERS AND LETTERS.

(a) Minimum height. In a declaration of net quantity, the height of each number and letter shall be not less than that shown in Table 1, based on the area of the principal display panel determined according to sub. (7). In a common fraction, the numerator and denominator shall each be at least one-half the height required for other numbers under Table 1.

(b) Minimum width. In a declaration of net quantity, no number or letter may be more than 3 times as high as it is wide.

Area of principaldisplay panel

Minimum

height

(general)

Minimum height if blown, formed or

molded onto package surface

32 cm2 (5 in2) or less

1.6 mm

3.2 mm

(1/16 in)

(1/8 in)

Greater than 32 cm2(5 in2) but not greater than 161 cm2 (25 in2)

3.2 mm (1/8 in)

4.8 mm (3/16 in)

Greater than 161 cm2(25 in2) but not greater than 645 cm2 (100 in2)

4.8 mm (3/16 in)

6.4 mm (1/4 in)

Greater than 645 cm2(100 in2) but not greaterthan 2581 cm2 (400 in2)

6.4 mm (1/4 in)

7.9 mm (5/16 in)

Greater than 2581 cm2(400 in2)

12.7 mm (1/2 in)

14.3 mm (9/16 in)

(7) AREA OF PRINCIPAL DISPLAY PANEL.

(a) General. For the purpose of determining required minimum type sizes under sub. (6), the square-inch area of the principal display panel shall be determined as follows:
1. For a rectangular package, the area is the height of the principal display panel multiplied by the width of the principal display panel. A rectangular bag is considered a rectangular container under this subdivision even if the bag is not rectangular when filled.

2. For a cylindrical package, the area is 40% of the package height multiplied by the package circumference.

3. If a package, other than a rectangular or cylindrical package, presents a surface constituting an obvious principal display panel, the area of the principal display panel is the area of that surface.

Note: For example, on a triangular package of cheese, the top surface of the package normally constitutes the principal display panel, and the area of that surface is used for the purpose of calculating minimum type sizes under sub. (6).

4. Except as provided under subds. 1. to 3., the area is 40% of the total area of the package surface, including package tops and bottoms, flanges at the tops and bottoms of cans, and the shoulders and necks of bottles or jars.

(b) Packages with 2 or more principal display panels. If a package has 2 or more principal display panels, the square inch area of the largest panel shall be used under sub. (6) to determine the required minimum type size for declarations of net quantity on all of the panels. The same type size shall be used for declarations of net quantity on all of the panels.

(c) Spot labels and header labels. If a declaration of net quantity appears on a spot label or header label under sub. (2) (b), the required minimum type size under sub. (6) shall be calculated under par. (a) based on the area of the principal display panel, rather than on the area of the spot label or header label.

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