Register August 2016 No. 728
Chapter ATCP 90
FAIR PACKAGING AND LABELING
Declaration of product identity.
Declaration of responsibility.
Declaration of net quantity.
Weight or measure; how expressed in inch-pound units.
Weight or measure; how declared in metric units.
Location and prominence of net quantity declaration.
Special packages and commodities; labeling requirements.
Variations from declared net quantity.
Nutritional labeling of food.
Ch. ATCP 90 Note
This chapter is adopted under authority of ss. 93.07 (1)
, 97.09 (1)
, 97.42 (4) (j)
, 98.07 (3)
, and 100.20 (2)
, Stats. Violations of this chapter are subject to the penalties and remedies provided under ss. 97.72
, 100.20 (5)
, and 100.26 (3)
, Stats. Commodities sold or distributed in violation of this chapter may be subject to holding orders or rejection orders issued under s. 97.12 (2)
, 97.42 (9) (b)
or 98.05 (2)
, Stats. Rules contained in ch. ATCP 90
apply to commodities packaged after April 1, 1994.
Ch. ATCP 90 Note
Chapter Ag 53 as it existed on May 31, 1973 was repealed and a new chapter Ag 53 was created, Register, May, 1973, No. 209
, eff. 6-1-73. Chapter Ag 53 was renumbered chapter ATCP 90 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448
. Chapter ATCP 90 as it existed on March 31, 1994 was repealed and a new chapter ATCP 90 was created effective April 1, 1994.
ATCP 90.01 Definitions.
As used in this chapter:
“Bottled water" means all water packaged in bottles or other containers and sold or distributed for drinking purposes. “Bottled water" includes distilled water, artesian water, spring water, and mineral water, whether carbonated or uncarbonated.
“Common fraction" means a numerical fraction, consisting of a numerator and denominator, which is reduced to its lowest terms and expressed in one of the following forms:
In halves, quarters, eighths, sixteenths, or thirty- seconds.
In thirds, if the fraction pertains to a linear measure expressed in yards or feet.
In another form, if that form is firmly established in general consumer usage and trade custom.
“Commodity" means any product or commodity that is sold, offered for sale, or held or distributed for sale in this state. “Commodity" includes a consumer commodity.
“Consumer commodity" means any of the following:
A drug as defined under 21 USC 321
(g) (1), except biological animal products, antibiotics, drugs dispensed by prescription, and drugs containing insulin.
An article, product, or commodity that is all of the following:
Used by consumers for purposes of consumption, personal care, or the performance of household tasks.
In the process of use by consumers, is normally fully consumed or expended.
ATCP 90.01 Note
A illustrative list of commodities included or excluded under par. (e) is available from the department. The list is based on interpretations made by the federal trade commission under 16 CFR 503.2
pursuant to the federal fair packaging and labeling act, 15 USC 1451
“Consumer commodity in package form" means a consumer commodity that is enclosed in a package prior to retail sale. “Consumer commodity in package form" does not include any of the following:
Bulk commodities that a consumer views and individually selects before the commodities are placed in a retail sale package.
Unprocessed fruits or vegetables enclosed in transparent wrappings or containers, so that the fruit or vegetable contents are fully visible to the retail customer.
Ready-to-eat restaurant foods or carryout foods served from bulk containers by the retailer.
“Declaration of net quantity" means the declaration required to appear on the principal display panel of a package as provided under s. ATCP 90.04 (1)
“Distribute" means to distribute for sale, whether at wholesale or retail.
“Good packaging and distribution practices" means packaging and distribution practices that ensure, notwithstanding imperfections in the manufacture or processing of a commodity, that the actual net quantity of that commodity in a package will, to a reasonable degree of scientific and statistical certainty, conform to the declared net quantity at the point of retail sale.
“Header label" or “header strip" means a label that is attached across the top of a bag or other container that bears no printed or graphic matter.
“Metric units" means the international system of units established in 1960 by the general conference on weights and measures and interpreted or modified for the United States by the United States secretary of commerce. “Metric units" includes the units of weight or measure identified under s. ATCP 90.06
“Multi-unit package" means a package containing 2 or more component packages of the same commodity, where each component package contains the same quantity of the commodity.
ATCP 90.01 Note
Note: For example, a multi-unit package might contain 6 individually packaged and labeled bars of soap.
“NIST Handbook 44" means NIST Handbook 44 (2016 edition) published by the National Institute of Standards and Technology, United States department of commerce.
ATCP 90.01 Note
Copies of NIST Handbook 44, Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices (2016 edition) are on file with the department and the legislative reference bureau. Copies may be obtained from the U.S. Government Printing Office, Stop SSOP, Washington, D.C. 20102-0001, website: www.nist.gov. ATCP 90.01(15r)
“NIST Handbook 133" means NIST Handbook 133 (2016 edition) published by the National Institute of Standards and Technology, United States department of commerce.
ATCP 90.01 Note
Copies of NIST Handbook 133, Checking the Net Contents of Packaged Goods (2016 edition) are on file with the department and the legislative reference bureau. Copies may be obtained from the U.S. Government Printing Office, Stop SSOP, Washington, D.C. 20102-0001, website: www.nist.gov. ATCP 90.01(16)
“Package" means any container or wrapping in which a consumer commodity is enclosed for purposes of retail sale. “Package" does not include:
An inner wrapping or container that is enclosed within an outer package, unless the inner wrapping or container is designed, labeled, or used as a package for the retail sale of a consumer commodity.
ATCP 90.01 Note
Note: For example, where a box (package) of chocolates contains individually wrapped chocolate confections, the inner wrappings do not constitute separate“packages" for labeling purposes under this chapter. However, individually packaged and labeled candy bars do constitute separate “packages" even when sold in multiples as part of a larger “multi-unit" package.
A shipping container or wrapping used solely to transport consumer commodities to a manufacturer, packer, processor, wholesale distributor, or retailer, provided that the shipping container or wrapping is not designed or used for the retail sale of any consumer commodity.
A container used to display consumer commodities or packages at retail, provided that the container is not sold at retail with the consumer commodities or packages.
A container or wrapping in which consumer commodities or packages are placed after a retail customer has viewed and individually selected those commodities or packages for purchase.
An auxiliary container or wrapping enclosing one or more packages, provided that the auxiliary container or wrapping does not obscure any package disclosure required under this chapter.
A shipping container or outer wrapping used by a retailer to ship or deliver a consumer commodity to a retail customer, provided that the shipping container or outer wrapping does not bear any printed matter related to any consumer commodity.
“Person" means an individual, corporation, partnership, association, or other business organization or entity.