100.235(10)
(10) Private remedy. A producer who sustains a monetary loss as a result of a violation of this section by a contractor may recover the amount of the loss, together with costs, including all reasonable attorney fees, notwithstanding
s. 814.04 (1).
100.235(11)(a)(a)
Forfeiture. Any person who violates this section or any rule promulgated or order issued under this section may be required to forfeit not less than $100 nor more than $10,000. Notwithstanding
s. 165.25 (1), the department may commence an action to recover a forfeiture under this paragraph.
100.235(11)(b)
(b)
Fine or imprisonment. Any person who intentionally violates this section shall be fined not less than $100 nor more than $10,000 or imprisoned for not more than one year in the county jail or both for each violation.
100.24
100.24
Revocation of corporate authority. Any corporation, or limited liability company, foreign or domestic, which violates any order issued under
s. 100.20 may be enjoined from doing business in this state and its certificate of authority, incorporation or organization may be canceled or revoked. The attorney general may bring an action for this purpose in the name of the state. In any such action judgment for injunction, cancellation or revocation may be rendered by the court, upon such terms as it deems just and in the public interest, but only upon proof of a substantial and wilful violation.
100.24 History
History: 1981 c. 124;
1993 a. 112.
100.25
100.25
Cumulative remedies. Nothing in
ss. 100.22 to
100.24 shall be construed as repealing any other law of this state, but the remedies herein provided shall be cumulative to all other remedies provided by law in and for such cases.
100.26(1)(1) Any person who violates any provision of this chapter, except
s. 100.18,
100.20,
100.206 or
100.51, for which no specific penalty is prescribed shall be fined not to exceed $200, or imprisoned in the county jail not more than 6 months or both.
100.26(2)
(2) Any person violating
s. 100.02 shall be guilty of a felony and upon conviction shall be fined not less than $50 nor more than $3,000 or imprisoned for not less than 30 days nor more than 3 years, or both.
Effective date note
Note: Sub. (2) is affected by two acts of the 1997 legislature eff. 12-31-99 and is merged by the revisor under s. 13.93 (2) (c) to read as shown below. The bracketed language was inserted by
1997 Wis. Act 253 but rendered without effect by
1997 Wis. Act 283. Corrective legislation is pending.
Effective date text
(2) Any person violating s. 100.02 shall be fined not less than $50 nor more than $3,000 or imprisoned for not less than 30 days nor more than [3] 4 years and 6 months or both.
100.26(3)
(3) Any person who violates
s. 100.15 or
100.19, or who intentionally refuses, neglects or fails to obey any regulation or order made or issued under
s. 100.19 or
100.20, shall, for each offense, be fined not less than $25 nor more than $5,000, or imprisoned in the county jail for not more than one year or both.
100.26(4)
(4) Any person who violates
s. 100.18 (1) to
(8) or
(10) or
100.182 is subject to a civil forfeiture of not less than $50 nor more than $200 for each violation.
100.26(4m)
(4m) Any person who violates
s. 100.18 (10r) is subject to a civil forfeiture of not less than $100 nor more than $10,000 for each violation.
100.26(5)
(5) Any person violating
s. 100.06 or any order or regulation of the department thereunder, or
s. 100.18 (9), shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than one year or both. Each day of violation constitutes a separate offense.
Effective date note
Note: Sub. (5) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(5) Any person violating s. 100.06 or any order or regulation of the department thereunder, or s. 100.18 (9), shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than 2 years or both. Each day of violation constitutes a separate offense.
100.26(6)
(6) The department, the department of justice, after consulting with the department, or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an injunction issued under
s. 100.18,
100.182 or
100.20 (6). The department of agriculture, trade and consumer protection or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an order issued under
s. 100.20.
100.26(7)
(7) Any person violating
s. 100.182 shall be fined not less than $500 nor more than $5,000 or imprisoned not more than one year or both for each offense. Each unlawful advertisement published, printed or mailed on separate days or in separate publications, hand bills or direct mailings is a separate violation of this section.
Effective date note
Note: Sub. (7) is amended eff. 12-31-99 by
1997 Wis. Act 283 to read:
Effective date text
(7) Any person violating s. 100.182 shall be fined not less than $500 nor more than $5,000 or imprisoned for not more than 2 years or both for each offense. Each unlawful advertisement published, printed or mailed on separate days or in separate publications, hand bills or direct mailings is a separate violation of this section.
100.26(8)
(8) Any person who violates
s. 100.46 may be required to forfeit not more than $100.
100.26(9)
(9) Any person who violates
s. 100.30 (7) (a) is subject to a forfeiture of not less than $50 nor more than $200 for each violation.
100.26 Annotation
It was constitutionally proper for the legislature in (3) to authorize the imposition of criminal penalties for the violation of department rules adopted pursuant to 100.20. State v. Lambert, 68 W (2d) 523, 229 NW (2d) 622.
100.26 Annotation
"Intentionally" in (3) modifies only "refuses", not "neglects or fails". Multiplicitous charge must be avoided. State v. Stepniewski, 105 W (2d) 261, 314 NW (2d) 98 (1982).
100.26 Annotation
Conviction under (3) without proof of criminal intent did not violate due process clause. Stepniewski v. Gagnon, 732 F (2d) 567 (1984).
100.263
100.263
Recovery. In addition to other remedies available under this chapter, the court may award the department the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation and the court may award the department of justice the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this chapter. The department and the department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department, the department of justice or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under
s. 20.455 (1) (gh). .
100.263 History
History: 1995 a. 27;
1997 a. 36.
100.264
100.264
Violations against elderly or disabled persons. 100.264(1)(a)
(a) "Disabled person" means a person who has an impairment of a physical, mental or emotional nature that substantially limits at least one major life activity.
100.264(1)(b)
(b) "Elderly person" means a person who is at least 62 years of age.
100.264(1)(c)
(c) "Major life activity" means self-care, walking, seeing, hearing, speaking, breathing, learning, performing manual tasks or being able to be gainfully employed.
100.264(2)
(2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under
s. 100.16,
100.17,
100.18,
100.182,
100.183,
100.20,
100.205,
100.207,
100.21,
100.30 (3),
100.35,
100.44 or
100.46 or a rule promulgated under one of those sections, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the violation was imposed, was perpetrated against an elderly person or disabled person and if the court finds that any of the following factors is present:
100.264(2)(a)
(a) The defendant knew or should have known that the defendant's conduct was perpetrated against an elderly person or disabled person.
100.264(2)(b)
(b) The defendant's conduct caused an elderly person or disabled person to suffer any of the following:
100.264(2)(b)2.
2. Loss of principal employment or principal source of income.
100.264(2)(b)3.
3. Loss of more than 25% of the property that the elderly person or disabled person has set aside for retirement or for personal or family care or maintenance.
100.264(2)(b)4.
4. Loss of more than 25% of the total of payments to be received under a pension or retirement plan.
100.264(2)(b)5.
5. Loss of assets essential to the health or welfare of the elderly person or disabled person.
100.264(2)(c)
(c) The defendant's conduct caused physical or emotional damage or economic loss, other than the losses specified in
par. (b) 1. to
5., and elderly persons or disabled persons are more likely to suffer the loss than other persons due to their age, poor health, impaired understanding or restricted mobility.
100.264 History
History: 1995 a. 382 100.265
100.265
List of gasohol and alternative fuel refueling facilities. No later than December 31 annually, and at such other times as the department determines to be necessary, the department shall publish and transmit to the department of administration a list of all refueling facilities in the state at which gasohol, as defined in
s. 16.045 (1) (d), or any alternative fuel, as defined in
s. 16.045 (1) (b), is available. The list shall be organized by location and shall indicate which facilities are open to the public, which types of fuel are available at the facilities and which facilities are limited to use by certain employes or types of vehicles, and shall identify the employes or types of vehicles to which such use is limited.
100.265 History
History: 1993 a. 351.
100.27
100.27
Dry cell batteries containing mercury. 100.27(1)(a)
(a) "Alkaline manganese battery" means a battery with a manganese dioxide electrode and an alkaline electrolyte.
100.27(1)(b)
(b) "Alkaline manganese button cell battery" means an alkaline manganese battery that resembles a button in size and shape.
100.27(1)(c)
(c) "Mercuric oxide battery" means a battery with a mercuric oxide electrode.
100.27(1)(d)
(d) "Mercuric oxide button cell battery" means a mercuric oxide battery that resembles a button in size and shape.
100.27(1)(e)
(e) "Zinc carbon battery" means a battery with a manganese dioxide electrode, a zinc electrode and an electrolyte that is not alkaline.
100.27(2)(a)(a) No person may sell or offer for sale an alkaline manganese battery that is manufactured after January 1, 1996, except for an alkaline manganese button cell battery, unless the manufacturer has certified to the department that the alkaline manganese battery contains no mercury that was intentionally introduced.
100.27(2)(b)
(b) No person may sell or offer for sale an alkaline manganese button cell battery that is manufactured after January 1, 1996, unless the manufacturer has certified to the department that the alkaline manganese button cell battery contains no more than 25 milligrams of mercury.
100.27(3)
(3) Zinc carbon batteries. No person may sell or offer for sale a zinc carbon battery that is manufactured after July 1, 1994, unless the manufacturer has certified to the department that the zinc carbon battery contains no mercury that was intentionally introduced.
100.27(5)
(5) Mercuric oxide batteries. Beginning on July 1, 1994, no person may sell or offer for sale a mercuric oxide battery that is not a mercuric oxide button cell battery unless the manufacturer does all of the following:
100.27(5)(a)
(a) Identifies a collection site, that has all required governmental approvals, to which persons may send used mercuric oxide batteries for recycling or proper disposal.
100.27(5)(b)
(b) Informs each purchaser of one of its mercuric oxide batteries of the collection site identified under
par. (a) and of the prohibition in
s. 287.185 (2).
100.27(5)(c)
(c) Informs each purchaser of one of its mercuric oxide batteries of a telephone number that the purchaser may call to get information about returning mercuric oxide batteries for recycling or proper disposal.
100.27(5)(d)
(d) Informs the department and the department of natural resources of the collection site identified under
par. (a) and the telephone number under
par. (c).
100.27(6)
(6) List of certified batteries. The department shall compile and make available to the public a list of all batteries for which it has received certification under
subs. (2) and
(3).
100.27(7)(a)(a) Any person who violates
subs. (2) to
(5) shall forfeit not less than $50 nor more than $200.
100.27(7)(b)
(b) Any manufacturer that submits a fraudulent certification under
sub. (2) or
(3) shall forfeit not less than $1,000 nor more than $10,000 for each violation.
100.27 History
History: 1993 a. 74;
1995 a. 227.
100.28
100.28
Sale of cleaning agents and water conditioners containing phosphorus restricted. 100.28(1)(a)
(a) "Chemical water conditioner" means a water softening chemical or other substance containing phosphorus intended to treat water for machine laundry use.
100.28(1)(b)
(b) "Cleaning agent" means any laundry detergent, laundry additive, dishwashing compound, cleanser, household cleaner, metal cleaner, degreasing compound, commercial cleaner, industrial cleaner, phosphate compound or other substance intended to be used for cleaning purposes.
100.28(2)
(2) Restrictions; retail sales. Except as provided under
sub. (3), no person may sell or offer to sell at retail:
100.28(2)(a)
(a)
General restriction; 0.5%. Any cleaning agent which contains more than 0.5% phosphorus by weight, other than a cleaning agent for machine dishwashing or cleansing of medical and surgical equipment.
100.28(2)(b)
(b)
Restriction for machine dishwashing or cleansing of medical equipment; 8.7%. Any cleaning agent for machine dishwashing or cleansing of medical and surgical equipment which contains more than 8.7% phosphorus by weight.
100.28(2)(c)
(c)
Restriction for water conditioner; 20%. Any chemical water conditioner which contains more than 20% phosphorus by weight.
100.28(2m)
(2m) Restrictions; sale to retailer. Except as provided under
sub. (3), no person may sell or offer to sell to a retailer:
100.28(2m)(a)
(a)
General restriction; 0.5%. Any cleaning agent which contains more than 0.5% phosphorus by weight, other than a cleaning agent for machine dishwashing or cleansing of medical and surgical equipment.
100.28(2m)(b)
(b)
Restriction for machine dishwashing or cleansing of medical equipment; 8.7%. Any cleaning agent for machine dishwashing or cleansing of medical and surgical equipment which contains more than 8.7% phosphorus by weight.
100.28(2m)(c)
(c)
Restriction for water conditioner; 20%. Any chemical water conditioner which contains more than 20% phosphorus by weight.
100.28(3)
(3) Exemption; industrial processes and dairy equipment. Cleaning agents used for industrial processes and cleaning or for cleansing dairy equipment are not subject to this section.
100.28(4)(a)(a) A person who violates this section shall forfeit not less than $25 nor more than $25,000 for each violation. Each day on which the person sells or offers to sell in violation of this section constitutes a separate violation. Each place at which the person sells or offers to sell in violation of this section constitutes a separate violation.
100.28(4)(am)
(am) If a court imposes a forfeiture under
par. (a) on the manufacturer of a chemical water conditioner or cleaning agent for a violation of
sub. (2m), the court may order the manufacturer to accept the return of the chemical water conditioner or cleaning agent that is the subject of the violation and to refund the purchase price to the retailer who purchased that chemical water conditioner or cleaning agent.
100.28(4)(b)
(b) In lieu of or in addition to forfeitures under
par. (a), the department may seek an injunction restraining any person from violating this section.
100.28(4)(c)
(c) The department, or any district attorney upon the request of the department, may commence an action in the name of the state under
par. (a) or
(b).
100.28(4)(d)
(d) Any action on a violation of this section may be commenced in the circuit court for the county in which the violation occurred, or in the case of multiple violations by a single defendant, in the circuit court for the county in which any of the violations occurred.
