(1) FOOD
COMMODITIES. Except as provided in sub. (2), the following food commodities
shall be sold in compliance with the following requirements:
(a)
Bread. Bread shall be
sold by weight unless it is clearly identified and sold as "stale bread."
Note: Section
98.21, Stats., also
requires bread to be sold by weight unless it is sold as stale
bread.
(b)
Butter,
margarine, and like spreads. Food commodities covered by
NIST
Handbook 130, ch. IV.B, section 1.3, shall be sold in compliance with
that section.
Note: Butter sold in Wisconsin must also comply
with grading standards under s.
97.176,
Stats. Margarine sold in Wisconsin must also comply with quality standards
under s.
97.18,
Stats.
(c)
Cheese. Cheese shall be sold by weight. The declared weight of
cheese coated with wax may not include the wax.
Note: Cheese manufactured in Wisconsin must also
comply with the grading standards under s.
97.177,
Stats.
(d)
Dairy
products. Except as provided in pars. (b), (c), and (g), food
commodities covered by NIST Handbook 130, ch. IV.B, sections
1.6 and 1.7, shall be sold in compliance with applicable provisions of those
sections.
(e)
Flour, corn
meal, and like commodities. Food commodities covered by NIST
Handbook 130, ch. IV.B, section 1.4, shall be sold in compliance with
that section.
(f)
Fresh
fruits and vegetables. Fresh fruits and vegetables shall be sold at
retail by weight, except that fresh fruits and vegetables identified in
NIST Handbook 130, ch. VI., section 2.3.2, shall be sold
according to that section. Berries and small fruits such as cherries, currants
and cherry tomatoes, if sold by dry measure, may only be sold in containers
having capacities of one-half dry pint, one dry pint or one dry quart.
Note: Pre-packaged fruits and vegetables, other
than unprocessed fruits or vegetables sold in transparent wrappings or
containers, must also comply with applicable packaging and labeling
requirements under ch. ATCP 90.
(g)
Frozen desserts. Packaged ice cream, ice
milk, water ices, and frozen desserts of a similar nature shall be sold by
liquid measure unless they are packaged at the time of retail sale, in which
case they shall be sold by weight. This rule does not apply if the products are
packaged at the time of retail sale or sold in quantities of less than one-half
liquid pint.
Note: Section
98.12,
Stats., requires prepackaged frozen desserts to be sold by liquid
measure.
(h)
Meat,
poultry, fish, and seafood. Food commodities covered by
NIST
Handbook 130, ch. IV.B, sections 1.5, 1.10,
and 1.11
shall be sold in compliance with applicable provisions of those sections. The
declared weight of glazed, individually frozen pieces of seafood may not
include any weight of ice or other glazing.
Note: See also ch. ATCP 109 related to freezer
meat and food service plans, and the sale of "wholesale cuts" to
consumers.
(i)
Pickles and pickle relishes. Commodities covered by
NIST Handbook 130, ch. IV.B, section 1.8, shall be sold in
compliance with that section.
(j)
Pizza. Pizza shall be sold by weight except that pizza made to
order, other than frozen pizza, may be sold by weight or by
count.
(2) READY-TO-EAT
FOOD. Ready-to-eat food sold from bulk or in single servings packed at the
point of sale may be sold by weight, measure, or count. For purposes of this
subsection, count may include a serving count. If cooked ready-to-eat food is
sold by weight, its declared weight shall be its cooked weight unless the
declared weight is clearly identified as pre-cooked weight.
(3) NON-FOOD COMMODITIES. The following
non-food commodities shall be sold in compliance with the following
requirements:
(a)
Animal
bedding. Commodities covered by NIST Handbook 130,
ch. IV.B, section 2.23, shall be sold in compliance with that
section.
(b)
Baler
twine. Commodities covered by NIST Handbook 130, ch.
IV.B, section 2.25, shall be sold in compliance with that section.
(c)
Bulk sand, rock, gravel, and
stone. Commodities covered by NIST Handbook 130, ch. IV.B, section
2.29, shall be sold in compliance with that section.
(d)
Carpet. Commodities
covered by NIST Handbook 130, ch. IV.B, section 2.11, shall be
sold in compliance with that section.
(e)
Coatings. Commodities covered by NIST
Handbook 130, ch. IV.B, section 2.3, shall be sold in compliance with
that section.
(f)
Communication paper. Commodities covered by NIST
Handbook 130, ch. IV.B, section 2.28, shall be sold in compliance with
that section.
(g)
Fence
wire products. Commodities covered by NIST Handbook
130, ch. IV.B, section 2.2, shall be sold in compliance with that
section.
(h)
Fireplace and
stove wood. Commodities covered by NIST Handbook 130,
ch. IV.B, section 2.4, shall be sold in compliance with that section.
(i)
Hardwood lumber.
Commodities covered by NIST Handbook 130, ch. IV.B, section
2.12, shall be sold in compliance with that section.
(j)
Insulation. Commodities
covered by NIST Handbook 130, ch. IV.B, section 2.14, shall be
sold in compliance with that section.
(k)
Liquid oxygen used for respiration.
Commodities covered by NIST Handbook 130, ch. IV.B, section
2.22, shall be sold in compliance with that section.
(m)
Mulch. Commodities
covered by NIST Handbook 130, ch. IV.B, section 2.18, shall be
sold in compliance with that section.
(n)
Peat and peat moss. Commodities covered by
NIST Handbook 130, ch. IV.B, section 2.5, shall be sold in
compliance with that section.
(o)
Petroleum products and motor fuel. Petroleum products and
motor fuel shall be sold in compliance with ss.
98.246 and
100.18(6) and (8), Stats.
(p)
Polyethylene products.
Commodities covered by NIST Handbook 130, ch. IV.B, section
2.13, shall be sold in compliance with that section.
(q)
Potpourri. Commodities
covered by NIST Handbook 130, ch. IV.B, section 2.26, shall be
sold in compliance with that section.
(r)
Precious metals. Commodities covered by
NIST Handbook 130, ch. IV.B, section 2.17, shall be sold in
compliance with that section.
(s)
Prefabricated utility buildings. Commodities covered by
NIST Handbook 130, ch. IV.B, section 2.6, shall be sold in
compliance with that section.
(t)
Roofing and roofing material. Commodities covered by
NIST Handbook 130, ch. IV.B, section 2.7, shall be sold in
compliance with that section.
(u)
Sealants. Commodities covered by NIST Handbook
130, ch. IV.B, section 2.8, shall be sold in compliance with that
section.
(v)
Sod and
turf. Commodities covered by NIST Handbook 130, ch.
IV.B, section 2.9, shall be sold in compliance with that section.
(w)
Softwood lumber.
Commodities covered by NIST Handbook 130, ch. IV.B, section
2.10, shall be sold in compliance with that section.
(x)
Wiping cloths.
Commodities covered by NIST Handbook 130, ch. IV.B, section
2.24, shall be sold in compliance with that
section.
