Register October 2004 No. 586
Chapter ATCP 109
FREEZER MEAT AND FOOD SERVICE PLANS
Prohibited trade practices.
Ch. ATCP 109 Note
This chapter is adopted under authority of s. 100.20 (2)
, Stats., and is administered by the Wisconsin department of agriculture, trade and consumer protection. Violations of this chapter may be prosecuted under s. 100.20 (6)
, 100.26 (3)
, Stats. A person who suffers a monetary loss because of a violation of this chapter may sue the violator directly under s. 100.20 (5)
, Stats., and may recover twice the amount of the loss, together with costs and reasonable attorneys' fees.
Buyer" means both actual and prospective purchasers but does not include persons purchasing for resale.
“Contract" means all written agreements subscribed by a buyer and includes promissory notes and sales agreements.
“Food service plan" means any contract under which the seller agrees to furnish the buyer with any food, or food and any other product or service, whether or not a membership fee or similar charge is involved. It includes a contract to furnish a wholesale cut.
“Misrepresent" means the use of any untrue, deceptive or misleading oral or written statement, advertisement, label, display, picture, illustration or sample.
“Person" means individuals, corporations, partnerships and any other form of business organization, and all officers, directors, agents, employees and representatives thereof.
“Custom cutter" means one who breaks down carcass meat into retail cuts.
“Product" means food and non-food consumer goods unless otherwise indicated.
“Represent" means the use of any form of oral or written statement, advertising, label, display, picture, illustration or sample.
“Seller" means any person soliciting or making a sale, whether or not a contract is involved, and includes a principal or any other person for whom the sale is procured.
“Wholesale cut" means a whole carcass of beef, swine or sheep or any part thereof customarily classified as being of commercial size and usually requiring further cutting into cuts of retail size for use by consumers.
ATCP 109.01 History
Cr. Register, September, 1967, No. 141
, eff. 1-1-68; am. (2), Register, December, 1967, No. 144
, eff. 1-1-68; am. (2), (3) and (4), renum. (6) to (9) to be (7) to (10) and cr. (6), Register, June, 1975, No. 234
, eff. 7-1-75; correction in (9) made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1993, No. 448
ATCP 109.02 Prohibited trade practices.
No person advertising, offering for sale or selling any wholesale cut or food service plan shall engage in any unfair methods of competition or unfair trade practices, and particularly including, but not limited to the following:
Disparage or degrade any product advertised or offered for sale by the seller, or display any product or depiction thereof to any buyer in such a manner as would be likely to discourage the sale of the advertised or offered product, in order to induce the purchase of another product, or represent that a product is for sale when such representation is used primarily to sell another product.
Substitute any product for that ordered by the buyer without the buyer's consent.
Fail to have available a sufficient quantity of any product represented as being for sale to meet reasonably anticipated demands, unless the available amount is disclosed fully and conspicuously.
Misrepresent to the buyer that the buyer is being given an introductory, confidential, close-out, going out of business, factory, packer, special or wholesale price or discount, grand opening or any similar price concession. Grand opening sales shall not extend more than 21 days after the first announcement of the promotion.
Offer any gift or prize, without fully and conspicuously disclosing all terms of the offer, including all rules, conditions and the expiration date of the offer. Any gift or prize offered shall be given at the time any potential recipient qualifies for the gift or prize as set forth in the offer.
Misrepresent that insurance or some other form of protection is available to the buyer, or misrepresent the terms, conditions or limitations thereof.
Misrepresent that the buyer will receive certain benefits or privileges from payment of a membership fee or similar charge, or fail to furnish to the buyer prior to the signing of any contract a written statement of all such benefits and privileges.
Use any price list related to the seller's food service plan which contains prices other than the seller's current billing prices.
Fail to furnish to, and leave with the buyer prior to the signing of any contract or the placing of any order pursuant to the contract, a written copy of a current price list which shall contain an accurate description and the billing price of each product on the list including, whenever applicable, for food products: grade, net weight or measure, brand or trade name; and for non-food products: brand or trade name, model number and year, size or capacity. All price lists shall conspicuously specify an expiration date. Orders placed with the seller prior to the expiration date shall be billed at the prices set forth in such current price list.
Misrepresent the amount of money that the buyer will save on purchases of any product or compare the seller's prices either with prices of other sellers not selling in the same trade area or with prices of products which are not of the same grade or quality.
Represent to the buyer that a specified amount of food products or the cost thereof is sufficient to meet the requirements of the buyer. Any computation as to amount of food required shall be determined solely by the buyer, except that the seller may furnish current official government data on average food consumption and costs. A written itemization of all food to be sold, with the price and accurate description of each item including, whenever applicable, grade, net weight or measure, and brand or trade name shall be furnished to the buyer prior to the signing of any contract.
Misrepresent that the buyer can purchase all or most of the buyer's food requirements, or any non-food product in connection with a food service plan.
Represent that the same products and services offered for sale by the seller of a food service plan will be available to the buyer from sellers in other areas without payment of another membership fee or similar charge by the buyer unless the seller agrees to refund such membership fee or similar charge in full if the seller cannot arrange for the buyer to receive such products and services elsewhere.
Make any promise, either to exchange unsatisfactory food products or to give a refund therefor, which expires in less than 60 days from the date of delivery of such products, or fail to honor such promise, where through no fault of the buyer, said food does not meet minimum standards of quality expected by the ordinary consumer.
Give any guarantee or warranty which is not clear and specific or with which the seller is unable to comply; or misrepresent that someone else is the guarantor or warrantor of any product or service, or fail to furnish the buyer with a copy of such guarantee or warranty.
Represent that a person is, or that the seller will provide the service of, a nutritionist or home economist, unless such person has completed specialized training in such fields or is otherwise technically qualified.
Misrepresent that the seller, products or service have been approved by any better business bureau, chamber of commerce, service club, financial institution, government agency or any other commercial or civic organization, or any official or employee thereof, or that the seller is a member of such organization.
Misrepresent or fail to disclose fully and conspicuously at the time of the sale, the name of the financing institution or contract assignee, if any.
Fail to advise the buyer before signing any contract that the contract may be transferred or assigned to a financial institution or other third party and payment enforced by them.
Misrepresent the total amount that the buyer will be obligated to pay.
Misrepresent that the offer or sale or any part thereof is made on a trial basis, or fail to disclose fully and conspicuously that the buyer must pay a membership fee or similar charge in full if such payment is required.
Misrepresent that the seller will pay or reimburse the buyer for the expenses of delivering or moving a freezer or any other product for the buyer.
Fail to disclose fully and conspicuously any extra charges for cutting, wrapping, freezing, delivery or other services.
Represent the price of a wholesale cut in terms other than price per single pound.
In all wholesale cut advertising which in any manner represents the availability of credit terms or payment plans, the seller shall fully disclose if the purchaser must obligate himself or herself to a party other than the seller if the total of the purchaser's obligation is not fully paid at the time of delivery.
Misrepresent the cut, grade, brand or trade name, or weight or measure of any food product.
Use the abbreviation “
U.S." in describing a food product not graded by the United States department of agriculture, except that foods may be described as “U.S. Inspected" when true.
Misrepresent a food product through the use of any term similar to a government grade.