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 90.09 - Variations from declared net quantity

(a) Except as provided under par. (b), no person may sell any commodity in a package containing a net quantity of that commodity which is less than the net quantity declared on the package label.

(b) A shortage in an individual package does not violate par. (a) if both of the following apply:

(c) If a shortage is found in a package that is part of an enforcement sample that violates sub. (3) (a), it is rebuttably presumed that the shortage in that individual package does not qualify for exemption under par. (b).

(d) A seller who violates par. (a) is subject to enforcement action under s. 98.26(1) (c), Stats.

(a) The department or a municipal sealer may determine the net contents of packaged commodities in an inspection lot based on an enforcement sample collected from that inspection lot. The enforcement sample shall be collected, tested, and analyzed according to applicable provisions of the NIST Handbook 133. Unless otherwise specified by NIST Handbook 133, the inspection lot shall be determined according to par. (b).

(b) The department or municipal sealer shall determine the scope of an inspection lot before collecting an enforcement sample from that lot under par. (a). An inspection lot may consist of any group of identically labeled packages found at the same manufacturing, wholesale, or retail premises. An inspection lot may include packages from different manufacturing or production lots, and from different wholesale shipments or deliveries.

(c) For purposes of par. (b), packages are identically labeled if they are of the same size and if they bear the same declaration of product identity under s. ATCP 90.02, the same declaration of responsibility under s. ATCP 90.03, and the same declaration of net quantity under s. ATCP 90.04, regardless of any other differences in label content or format.

Note: A copy of the NIST Handbook 133, Checking the Net Contents of Packaged Goods, is on file with the department and the legislative reference bureau.

(a) In any enforcement sample under sub. (2) (a), the average net quantity per package may not be less than the net quantity declared on the package label.

(b) If an enforcement sample violates par. (a), the department or a municipal sealer may issue an order prohibiting the sale of the entire inspection lot from which that enforcement sample was collected.

(a) If, in any enforcement sample under sub. (2) (a), the number of unreasonable shortages in individual packages exceeds the number specified for an enforcement sample of that size in the NIST Handbook 133, the department or a municipal sealer shall issue an order prohibiting the sale of the entire inspection lot from which that enforcement sample is collected.

(b) The department or a municipal sealer may prohibit the sale of any individual package having an unreasonable shortage, regardless of whether that package is part of an enforcement sample under sub. (2) (a).