Current through August 26, 2024
(1) GENERAL. This
section establishes specific labeling requirements for certain packages and
consumer commodities. These requirements apply in addition to, or in lieu of,
other labeling requirements under this chapter. Packages and commodities under
this section shall comply with all applicable labeling requirements under this
chapter, unless this section specifically exempts them from those
requirements.
(2) MULTI-UNIT
PACKAGES. No person may sell or distribute a consumer commodity in package form
in a multi-unit package unless both of the following apply:
(a) Each of the component packages in the
multi-unit package is labeled in compliance with ss.
ATCP 90.02 to 90.04.
(b) The multi-unit package bears a
declaration of net quantity that includes all of the following:
1. The number of component packages contained
in the multi- unit package.
2. The
net quantity of the consumer commodity contained in each component package,
declared in compliance with s.
ATCP 90.04.
3.
The total net contents of the multi-unit package. The total net contents shall
be declared in compliance with s.
ATCP 90.04.
Note: A container or wrapping which encloses 2
or more individual packages does not constitute a "package" or "multi-unit
package" if it qualifies under any of the exemptions under s.
ATCP 90.01(16) (a) to
(f).
(3) COMBINATION PACKAGES. If dissimilar
consumer commodities are sold together in a single package, the package shall
bear a separate declaration of net quantity for each different commodity,
except that no declaration is required for exempt commodities under s.
ATCP 90.04(1)
(b). The net quantity declaration on a
combination package need not comply with the location requirement under s.
ATCP 90.07(2), the free area requirement
under s.
ATCP 90.07(5) or the minimum height
requirements under s.
ATCP 90.07(6) (a).
Note: Sewing kits, upholstery kits, and
antiquing kits are examples of combination packages under this subsection. A
container or wrapping does not constitute a "package" or "combination package"
if it qualifies under any of the exemptions under s.
ATCP 90.01(16) (a) to
(f).
(4) VARIETY PACKAGES. If a package contains 2
or more units of reasonably similar commodities, the package shall bear a
declaration of the combined net quantity of the commodities contained in the
package, except that no declaration is required for exempt commodities under s.
ATCP 90.04(1)
(b). The net quantity declaration on a
variety package need not comply with the location requirement under s.
ATCP 90.07(2), the free area requirement
under s.
ATCP 90.07(5) and the minimum height
requirements under s.
ATCP 90.07(6) (a).
Note: Examples of variety packages under this
subsection include seasonal gift packages of cheese and variety packages of
cereal. A container or wrapping does not constitute a "package" or "variety
package" if it qualifies under any of the exemptions under s.
ATCP 90.01(16) (a) to
(f).
(5) RANDOM PACKAGES. A random package need
not comply with s.
ATCP 90.04(4), or with s. ATCP or
90.07(2), (5) (6), provided that the random package complies with both of the
following requirements:
(a) The package bears
a label which conspicuously declares the net weight of the package contents,
expressed in inch-pound units under s.
ATCP 90.05(1) or metric units under s.
ATCP 90.06(1).
(b) When it is offered or exposed for sale at
retail, the package label conspicuously discloses the price per kilogram or
pound, and the total price of the package contents.
(6) AEROSOL AND SIMILAR PRESSURIZED PACKAGES.
If a consumer commodity is contained in an aerosol or similar pressurized
package, the net quantity of the consumer commodity shall be declared in terms
of weight. The declared net weight shall include the net weight of any
propellant that will be expelled when the commodity is released according to
instructions shown on the package.
(7) COMMODITIES LABELED ACCORDING TO FEDERAL
OR STATE LAW. Packages of meat and meat products, poultry products, tobacco
products, pesticides, and alcohol beverages are exempt from the location and
minimum size requirements under s. ATCP and 90.07(2) (6), provided that the
packages are labeled in compliance with federal labeling requirements
applicable to those commodities.
(8) PACKAGES OF CONTAINER-TYPE COMMODITIES.
(a)
General. If
container-type consumer commodities such as bags, cups, dishes, boxes, or pans,
are sold in package form, the declaration of net quantity shall comply with
this subsection.
(b)
Bags.
1. If bag-type
consumer commodities are sold in package form, the net quantity of bags
contained in each package shall be declared in terms of count. The count
declaration shall be followed by a declaration showing the linear dimensions of
the individual bags, as provided under subd. 2. The linear dimensions shall be
expressed in metric units under subd. 3. and in inch-pound units under subd. 4.
If bags are sold by capacity, the capacity of the bags shall be declared
according to par. (f).
2. If the
bags in a package are gusseted, the declaration of bag dimensions under subd.
1. shall include the length, width, and depth of the individual bags. If the
bags are not gusseted, the declaration shall include the length and width of
the individual bags.
3. When bag
dimensions are expressed in metric units, the dimensions shall be expressed in
millimeters except that a dimension of one meter or more shall be expressed in
meters with any remainder expressed as a decimal fraction of a meter.
4. When bag dimensions are expressed in
inch-pound units, the dimensions shall be expressed in inches except that any
dimension of more than 2 feet shall be expressed in feet with any remainder
expressed in inches or as a common or decimal fraction of a foot.
Note: See also ss.
ATCP 90.05(7) (e) and 90.06(6) (c).
(c)
Angular or
oblong containers. For square, rectangular, oblong, or similar
containers, the net quantity shall be declared in terms of count, followed by
the length, width, and depth of the individual containers, except that depth
need not be included if less than 50 millimeters or 2 inches.
(d)
Circular containers. For
circular or other generally round-shaped containers, except cups, the net
quantity shall be declared in terms of count, followed by diameter and depth,
except that depth need not be included if less than 50 millimeters or 2
inches.
(e)
Cups.
The net quantity of cups or cup-like containers shall be declared in terms of
count and liquid capacity per cup.
(f)
Capacity. If a package
of container-type consumer products includes any reference to the capacity of
those containers, the capacity of the containers shall be included in the
declaration of net quantity. The capacity shall be expressed in metric units of
volume. The capacity shall also be expressed in inch-pound units as follows:
1. In inch-pound units of liquid measure if
the containers are designed to contain liquids, semisolids, viscous materials,
or mixtures of solids and liquids.
2. In inch-pound units of dry measure if the
containers are designed to contain solids.
3. If the containers are used as liners for
other more permanent containers, in the same inch-pound units normally used to
express the capacity of the more permanent containers.
(9) WEARING APPAREL. Packaged
wearing apparel, including non-textile apparel and accessories such as leather
goods and footwear, need not be labeled with a net quantity declaration under
s.
ATCP 90.04 if the package contains only one item of
apparel, or if the package contains a single pair of items, such as gloves or
shoes, that are normally sold in pairs.
(10) TEXTILES AND RELATED PRODUCTS. A
declaration of quantity for the following textile products need not comply with
s.
ATCP 90.04(4), 90.05(7), or 90.06(6), provided
that the declaration of quantity complies with the following requirements:
(a)
Bedsheets and mattress
covers. The declaration of quantity for rectangular bedsheets or
mattress covers shall include all of the following:
1. The length and width, in centimeters or
inches, of the mattress for which the item is designed. In the case of a flat
bedsheet, this declaration shall be followed by a parenthetical declaration, in
centimeters or inches, of the length and width of the finished sheet.
2. The size category of the mattress for
which the item is designed, if the mattress falls into the "twin," "double,"
"queen," "king," or "California king" size category.
(b)
Pillowcases. The
declaration of quantity for rectangular pillowcases shall include all of the
following:
1. The length and width, in
centimeters or inches, of the pillow for which the pillowcase is designed. This
shall be followed by a parenthetical declaration, in centimeters or inches, of
the length and width of the finished pillowcase.
2. The size category of the pillow for which
the pillowcase is designed, if the pillow falls into a standard size category
such as "youth," "standard," or "queen."
(c)
Blankets and related
items. The declaration of quantity for rectangular blankets,
comforters, quilts, bedspreads, mattress pads, afghans, throws, and related
items shall include both of the following:
1.
The length and width of the finished item, in centimeters or inches.
2. The size category of the mattress for
which the item is designed, if the item is designed for a mattress that falls
into the "twin," "double," "queen," "king," or "California king" size
category.
(d)
Tablecloths and napkins. The declaration of quantity for
rectangular tablecloths, napkins and related items shall state, in centimeters
or inches, the length and width of each finished item. The declaration may also
include a parenthetical statement, in centimeters or inches, of the item's
length and width before hemming.
(e)
Draperies and related
items. The declaration of quantity for rectangular curtains, drapes,
flags, furniture scarfs, and related items shall state, in centimeters or
inches, the length and width of each finished item. The quantity statement may
also state parenthetically, in centimeters or inches, the length of any
ornamentation.
(f)
Carpets
and rugs. The declaration of quantity for rectangular carpets and rugs
shall state the length and width of the item in meters or feet. If the
declaration is stated in meters, any remainder shall be expressed in decimal
fractions of the meter. If the declaration is stated in feet, any remainder
shall be expressed in common or decimal fractions of the foot or in inches. The
declaration of quantity may also state parenthetically, in centimeters or
inches, the length of any ornamentation.
(g)
Towels and related
items. The declaration of quantity for rectangular dish towels, dish
cloths, bath towels, face cloths, utility cloths, bath mats, and related items
shall state, in centimeters or inches, the length and width of the item if the
item is woven. If the item is knitted, its dimensions need not be
stated.
(h)
Nonrectangular
and irregular items.
1. The
declaration of quantity for textile products such as potholders, fixture and
appliance covers, slip covers, and nonrectangular diapers shall be stated in
terms of count and may include size designations and dimensions.
2. The declaration of quantity for
nonrectangular textile products of the types identified under pars. (a) to (g)
shall state the geometric shape of the product and the dimensions that are
customarily used in describing that geometric shape. Dimensions may be stated
in metric or inch-pound units corresponding to those specified under pars. (a)
to (g).
3. If textile product
remnants of assorted sizes are sold by count, the declaration of quantity shall
include the term "irregular dimensions" and shall specify the minimum size of
the remnants.
(11) THREADS AND YARNS. Notwithstanding ss.
ATCP 90.04(4), 90.05(7), and 90.06(6), the
declaration of net quantity for sewing thread, handicraft thread, and yarn
shall comply with the following requirements:
(a) The net quantity of nonindustrial sewing
or handicraft thread shall be expressed in terms of yards.
(b) The net quantity of yarn shall be
expressed in terms of inch-pound units of weight.
(12) PACKAGED SEED.
(a)
Declaration of quantity; location
on small packages. Notwithstanding s.
ATCP 90.07(2), the declaration of net
quantity on a package of seed intended for planting shall appear in the upper
30% of the principal display panel if the net weight of package contents is 7
grams (1/4 ounce) or less.
(b)
Net quantity; how declared. The declaration of net quantity on
a package of seed intended for planting shall comply with the following
requirements:
1. The net quantity of seed
shall be expressed in terms of weight, except that the net quantity of coated
seed, encapsulated seed, pelletized seed, and seeds contained in preplanters
and seed tapes shall be declared in terms of count.
2. Notwithstanding s.
ATCP 90.04(4), if the net weight of the
package contents is 7 grams or less, the net weight shall be expressed in
metric units according to s.
ATCP 90.06(1), but need not be expressed
in inch-pound units.
3.
Notwithstanding s.
ATCP 90.04(4), if the net weight of
package contents is more than 7 grams, but not more than 225 grams (8 oz.), the
net weight may be expressed either in metric units under s.
ATCP 90.06(1) or inch-pound units under s.
ATCP 90.05(1), or both.
(13) FOOD AND TOBACCO
PRODUCTS; SMALL ITEMS.
(a)
Small
confections. Individually wrapped candies or confectionery items
having a net weight of less than 15 grams (1/2 oz.) per item are exempt from
the package labeling requirements under this chapter, provided that the
secondary package or container in which the individual wrapped items are sold
or shipped complies with this chapter.
(b)
Small packages of meat or meat
products. Individually wrapped and labeled packages of meat or meat
products which have a net weight of less than 15 grams (1/2 oz.), and which are
contained in a shipping container, need not bear a declaration of net quantity
if the shipping container bears a declaration of net quantity that complies
with s.
ATCP 90.04.
(c)
Small individual food servings. Individual serving size
packages of food which contain less than 15 grams (1/2 oz.) net weight or less
than 15 ml. (1/2 fl. oz.) net liquid measure of food for use in restaurants,
institutions, or passenger carriers, and which are not intended for sale at
retail, need not comply with s.
ATCP 90.04.
(d)
Tobacco products.
1.
Individually wrapped cigars, and individually wrapped cuts, plugs, or twists of
tobacco, are exempt from the package labeling requirements under this chapter,
provided that the secondary package or container in which the individual
wrapped items are sold or shipped complies with this chapter.
2. A carton of cigarettes or small cigars,
containing ten individual packages of twenty cigarettes or small cigars, is
exempt from the multi-unit package requirements under sub. (2), and from the
location and minimum size requirements under s. ATCP and 90.07(2) (6), provided
that the individual component packages are labeled in compliance with this
chapter and the carton bears a declaration under s.
ATCP 90.04 stating the net contents of the
carton.
(14)
MILK, DAIRY PRODUCTS, BUTTER, AND MARGARINE.
(a)
Milk, fluid milk products, ice
cream, and frozen desserts.
1.
Notwithstanding s.
ATCP 90.05(2) (a), if fluid milk, fluid
milk products, ice cream, or frozen desserts are measured by and packaged in
1/2 pint or 1/2 gallon containers, the net contents may be stated as 1/2 pint
or 1/2 gallon, respectively.
2. If
fluid milk, fluid milk products, ice cream, or frozen desserts are measured by
and packaged in measure containers as defined in the "Measure Container Code"
of the
NIST Handbook 44, the net quantity declaration need not
comply with the location requirement under s.
ATCP 90.07(2).
Note: The "Measure Container Code" of the
NIST Handbook 44 is on file with the department and the
legislative reference bureau.
3. If milk or fluid milk products are
measured by and packaged in glass or plastic containers of 1/2, one pint, one
quart, 1/2 gallon, or one gallon capacities, the net quantity declaration need
not comply with the location requirement under s.
ATCP 90.07(2), provided that other
required label information is conspicuously displayed on the cap or outside
closure and the net quantity declaration is conspicuously blown, formed, or
molded into or permanently applied to that part of the glass or plastic
container that is at or above the shoulder of the container.
(b)
Butter.
Notwithstanding ss.
ATCP 90.02(2) and 90.07(2), if butter
is packaged in 4-ounce, 8-ounce, or one-pound packages with continuous label
copy wrapping, the declaration of identity and the net quantity declaration
need not be parallel to the base of the package. If butter is packaged in
8-ounce or one-pound packages, the declaration of quantity need not comply with
the location requirements under s.
ATCP 90.07(2).
(c)
Margarine and butter
substitutes. If margarine or butter substitutes are packaged in a
one-pound rectangular packages, the net quantity declaration need not comply
with the location requirements under s.
ATCP 90.07(2). This exemption does not
apply to whipped or soft products, or to packages containing more than 4 sticks
of margarine or butter substitute.
(15) FRUIT JUICE, BOTTLED WATER, AND SOFT
DRINKS.
(a)
Net quantity; how
expressed. Notwithstanding s.
ATCP 90.05(2) (a), if fruit juice,
imitation fruit juice, bottled water or a soft drink is packaged in a 1/2 pint
or 1/2 gallon quantity, the net contents may be stated as 1/2 pint or 1/2
gallon, respectively.
(b)
Net quantity declaration; location. If fruit juice, imitation
fruit juice, bottled water, or a soft drink is packaged in glass or plastic
containers in quantities of 1/2 pint, one pint, one quart, 1/2 gallon, or one
gallon, the net quantity declaration need not comply with the location
requirement under s.
ATCP 90.07(2), provided that other
required label information is conspicuously displayed on the cap or outside
closure and the net quantity declaration is conspicuously blown, formed, molded
into the container, or permanently applied to the container, at or above the
shoulder of the container.
(c)
Declaration of product identity; soft drinks and bottled
water. On a bottle of soft drink or bottled water, the declaration of
product identity need not comply with the location requirement under s.
ATCP 90.02(2), provided that the
declaration appears on the bottle closure.
(d)
Multi-unit packages of soft drink
or bottled water. Multi-unit packages of soft drink or bottled water
need not bear a declaration of product identity under s.
ATCP 90.02 or a declaration of responsibility under s.
ATCP 90.03, provided that the individual soft drink
containers in the multi-unit package comply with ss.
ATCP 90.02 and 90.03.
(16) FLOUR AND EGGS.
(a)
Wheat flour. If wheat
flour is packaged in units of 2, 5, 10, 25, 50, or 100 pounds, the net quantity
declaration need not comply with the location requirement under s.
ATCP 90.07(2).
(b)
Corn flour and corn
meal. If corn flour or corn meal is packaged in units of 5, 10, 25,
50, or 100 pounds, the net quantity declaration need not comply with the
location requirement under s.
ATCP 90.07(2).
(c)
Eggs. The net quantity
declaration on a carton of 12 eggs need not comply with the location
requirement under s.
ATCP 90.07(2). If an egg carton is
designed so that the retail purchaser can divide the carton in half, each half
is exempt from the labeling requirements under this chapter, provided that the
whole carton complies with this chapter.
(17) COSMETICS IN DECORATIVE CONTAINERS. If
cosmetics are packaged in "boudoir-type" containers, including decorative
containers of the "cartridge," "pillbox," "compact," or "pencil" variety, or
containers with a capacity of 7 grams (1/4 oz.) or less, labeling required
under this chapter to appear on the principal display panel may appear on a
tear-away tag or tape affixed to the container.
(18) FILM AND RECORDING MEDIA. The net
quantity declaration on packages of film, recording tape, or other image and
audio media packaged and labeled for retail sale need not be expressed
according to s.
ATCP 90.05 or 90.06, provided that the net quantity
declaration complies with the following applicable requirements:
(a)
Unexposed or unrecorded
media.
1. For unexposed still film,
still tape, or other still image media, the net quantity shall be expressed in
terms of the guaranteed number of available still image exposures included in
the package. The net quantity declaration may also state the length and width
measurements of the individual exposures, expressed in millimeters or
inches.
2. For unexposed bulk or
movie film, the net quantity shall be expressed in terms of the guaranteed
length of film, in meters or feet, that is available for exposure.
3. For unexposed electronic recording media,
the net quantity shall be expressed in terms of the guaranteed length of
available recording time. The net quantity declaration shall disclose, in
connection with the available recording time, the applicable recording speeds,
playing speeds, and machine settings as necessary. The declaration may also
state the linear measure of the recording medium.
(b)
Exposed, recorded, or processed
media.
1. For exposed or processed
still image media, the net quantity shall be expressed in terms of the number
of still images included in the package. The net quantity declaration may also
state the length and width measurements of the individual exposures, expressed
in millimeters or inches.
2. For
exposed or processed film or recording media, other than still image media, the
net quantity shall be expressed in terms of the entertainment time included in
the package. Entertainment time means the time beginning with the first frame
of sound or picture, whichever comes first after any countdown sequence, and
ending with the last frame of credits, the last frame of the phrase "the end,"
or the end of sound, whichever occurs last.
(19) TINT-BASED PAINT. The net quantity
declaration on containers of tint base paint shall specify the net quantity
prior to the addition of colorant at retail, except that a declared net
quantity of one quart or one gallon may include colorant selected by the
purchaser and added at retail if all of the following conditions are met:
(a) The system employed by the responsible
manufacturer, packer, or distributor ensures that the retail purchaser always
obtains a quart or a gallon after colorant is added.
(b) The net quantity declaration on the
principal display panel includes a statement indicating that the tint base
paint is not to be sold without the addition of colorant.
(c) The container label states, in fluid
ounces, the net quantity of tint base paint included in the container prior to
the addition of colorant at retail.
(20) MOTOR OIL IN CANS. If motor oil is
packaged in cans, the society of automotive engineers (SAE) viscosity number
need not appear on the principal display panel, provided that all of the
following conditions are met:
(a) The
principal display panel appears on the body of the motor oil can.
(b) The SAE viscosity number appears on the
can lid and is expressed in letters and numerals in type size of at least 6 mm
or 1/4 inch.
(21)
LIQUEFIED PETROLEUM GAS IN PORTABLE REFILLABLE CONTAINERS. No person may sell
or exchange at retail, or offer for sale or exchange at retail, liquefied
petroleum gas in a portable refillable container unless all of the following
apply:
(a) The tare weight of the container
is clearly and conspicuously disclosed on the container, as required under s.
98.245(2),
Stats.
(b) The net quantity of
liquefied petroleum gas in the container is clearly and conspicuously disclosed
on the container, or on a tag attached to the container. The format of the
declaration shall comply with s.
ATCP 90.04.
(c)
A declaration of responsibility is attached to the container, or conspicuously
posted at the location where the liquefied petroleum gas is offered or
displayed for sale or exchange. The declaration shall comply with s.
ATCP 90.03, except as provided in this paragraph.
See also s.
98.245,
Stats., and ch. ATCP 92, subch. V.
