ATCP 90.08(8)(b)4.
4. When bag dimensions are expressed in inch-pound units, the dimensions shall be expressed in inches except that any dimension of more than 2 feet shall be expressed in feet with any remainder expressed in inches or as a common or decimal fraction of a foot.
ATCP 90.08(8)(c)
(c) Angular or oblong containers. For square, rectangular, oblong, or similar containers, the net quantity shall be declared in terms of count, followed by the length, width, and depth of the individual containers, except that depth need not be included if less than 50 millimeters or 2 inches.
ATCP 90.08(8)(d)
(d) Circular containers. For circular or other generally round-shaped containers, except cups, the net quantity shall be declared in terms of count, followed by diameter and depth, except that depth need not be included if less than 50 millimeters or 2 inches.
ATCP 90.08(8)(e)
(e) Cups. The net quantity of cups or cup-like containers shall be declared in terms of count and liquid capacity per cup.
ATCP 90.08(8)(f)
(f) Capacity. If a package of container-type consumer products includes any reference to the capacity of those containers, the capacity of the containers shall be included in the declaration of net quantity. The capacity shall be expressed in metric units of volume. The capacity shall also be expressed in inch-pound units as follows:
ATCP 90.08(8)(f)1.
1. In inch-pound units of liquid measure if the containers are designed to contain liquids, semisolids, viscous materials, or mixtures of solids and liquids.
ATCP 90.08(8)(f)2.
2. In inch-pound units of dry measure if the containers are designed to contain solids.
ATCP 90.08(8)(f)3.
3. If the containers are used as liners for other more permanent containers, in the same inch-pound units normally used to express the capacity of the more permanent containers.
ATCP 90.08(9)
(9)
Wearing apparel. Packaged wearing apparel, including non-textile apparel and accessories such as leather goods and footwear, need not be labeled with a net quantity declaration under s.
ATCP 90.04 if the package contains only one item of apparel, or if the package contains a single pair of items, such as gloves or shoes, that are normally sold in pairs.
ATCP 90.08(10)
(10)
Textiles and related products. A declaration of quantity for the following textile products need not comply with s.
ATCP 90.04 (4),
90.05 (7), or
90.06 (6), provided that the declaration of quantity complies with the following requirements:
ATCP 90.08(10)(a)
(a) Bedsheets and mattress covers. The declaration of quantity for rectangular bedsheets or mattress covers shall include all of the following:
ATCP 90.08(10)(a)1.
1. The length and width, in centimeters or inches, of the mattress for which the item is designed. In the case of a flat bedsheet, this declaration shall be followed by a parenthetical declaration, in centimeters or inches, of the length and width of the finished sheet.
ATCP 90.08(10)(a)2.
2. The size category of the mattress for which the item is designed, if the mattress falls into the “twin," “double," “queen," “king," or “California king" size category.
ATCP 90.08(10)(b)
(b) Pillowcases. The declaration of quantity for rectangular pillowcases shall include all of the following:
ATCP 90.08(10)(b)1.
1. The length and width, in centimeters or inches, of the pillow for which the pillowcase is designed. This shall be followed by a parenthetical declaration, in centimeters or inches, of the length and width of the finished pillowcase.
ATCP 90.08(10)(b)2.
2. The size category of the pillow for which the pillowcase is designed, if the pillow falls into a standard size category such as “youth," “standard," or “queen."
ATCP 90.08(10)(c)
(c) Blankets and related items. The declaration of quantity for rectangular blankets, comforters, quilts, bedspreads, mattress pads, afghans, throws, and related items shall include both of the following:
ATCP 90.08(10)(c)2.
2. The size category of the mattress for which the item is designed, if the item is designed for a mattress that falls into the “twin," “double," “queen," “king," or “California king" size category.
ATCP 90.08(10)(d)
(d) Tablecloths and napkins. The declaration of quantity for rectangular tablecloths, napkins and related items shall state, in centimeters or inches, the length and width of each finished item. The declaration may also include a parenthetical statement, in centimeters or inches, of the item's length and width before hemming.
ATCP 90.08(10)(e)
(e) Draperies and related items. The declaration of quantity for rectangular curtains, drapes, flags, furniture scarfs, and related items shall state, in centimeters or inches, the length and width of each finished item. The quantity statement may also state parenthetically, in centimeters or inches, the length of any ornamentation.
ATCP 90.08(10)(f)
(f) Carpets and rugs. The declaration of quantity for rectangular carpets and rugs shall state the length and width of the item in meters or feet. If the declaration is stated in meters, any remainder shall be expressed in decimal fractions of the meter. If the declaration is stated in feet, any remainder shall be expressed in common or decimal fractions of the foot or in inches. The declaration of quantity may also state parenthetically, in centimeters or inches, the length of any ornamentation.
ATCP 90.08(10)(g)
(g) Towels and related items. The declaration of quantity for rectangular dish towels, dish cloths, bath towels, face cloths, utility cloths, bath mats, and related items shall state, in centimeters or inches, the length and width of the item if the item is woven. If the item is knitted, its dimensions need not be stated.
ATCP 90.08(10)(h)1.1. The declaration of quantity for textile products such as potholders, fixture and appliance covers, slip covers, and nonrectangular diapers shall be stated in terms of count and may include size designations and dimensions.
ATCP 90.08(10)(h)2.
2. The declaration of quantity for nonrectangular textile products of the types identified under pars.
(a) to
(g) shall state the geometric shape of the product and the dimensions that are customarily used in describing that geometric shape. Dimensions may be stated in metric or inch-pound units corresponding to those specified under pars.
(a) to
(g).
ATCP 90.08(10)(h)3.
3. If textile product remnants of assorted sizes are sold by count, the declaration of quantity shall include the term“irregular dimensions" and shall specify the minimum size of the remnants.
ATCP 90.08(11)(a)
(a) The net quantity of nonindustrial sewing or handicraft thread shall be expressed in terms of yards.
ATCP 90.08(11)(b)
(b) The net quantity of yarn shall be expressed in terms of inch-pound units of weight.
ATCP 90.08(12)(a)(a) Declaration of quantity; location on small packages. Notwithstanding s.
ATCP 90.07 (2), the declaration of net quantity on a package of seed intended for planting shall appear in the upper 30% of the principal display panel if the net weight of package contents is 7 grams (1/4 ounce) or less.
ATCP 90.08(12)(b)
(b) Net quantity; how declared. The declaration of net quantity on a package of seed intended for planting shall comply with the following requirements:
ATCP 90.08(12)(b)1.
1. The net quantity of seed shall be expressed in terms of weight, except that the net quantity of coated seed, encapsulated seed, pelletized seed, and seeds contained in preplanters and seed tapes shall be declared in terms of count.
ATCP 90.08(12)(b)2.
2. Notwithstanding s.
ATCP 90.04 (4), if the net weight of the package contents is 7 grams or less, the net weight shall be expressed in metric units according to s.
ATCP 90.06 (1), but need not be expressed in inch-pound units.
ATCP 90.08(13)(a)
(a) Small confections. Individually wrapped candies or confectionery items having a net weight of less than 15 grams (1/2 oz.) per item are exempt from the package labeling requirements under this chapter, provided that the secondary package or container in which the individual wrapped items are sold or shipped complies with this chapter.
ATCP 90.08(13)(b)
(b) Small packages of meat or meat products. Individually wrapped and labeled packages of meat or meat products which have a net weight of less than 15 grams (1/2 oz.), and which are contained in a shipping container, need not bear a declaration of net quantity if the shipping container bears a declaration of net quantity that complies with s.
ATCP 90.04.
ATCP 90.08(13)(c)
(c) Small individual food servings. Individual serving size packages of food which contain less than 15 grams (1/2 oz.) net weight or less than 15 ml. (1/2 fl. oz.) net liquid measure of food for use in restaurants, institutions, or passenger carriers, and which are not intended for sale at retail, need not comply with s.
ATCP 90.04.
ATCP 90.08(13)(d)1.1. Individually wrapped cigars, and individually wrapped cuts, plugs, or twists of tobacco, are exempt from the package labeling requirements under this chapter, provided that the secondary package or container in which the individual wrapped items are sold or shipped complies with this chapter.
ATCP 90.08(13)(d)2.
2. A carton of cigarettes or small cigars, containing ten individual packages of twenty cigarettes or small cigars, is exempt from the multi-unit package requirements under sub.
(2), and from the location and minimum size requirements under s.
ATCP 90.07 (2) and
(6), provided that the individual component packages are labeled in compliance with this chapter and the carton bears a declaration under s.
ATCP 90.04 stating the net contents of the carton.
ATCP 90.08(14)(a)1.1. Notwithstanding s.
ATCP 90.05 (2) (a), if fluid milk, fluid milk products, ice cream, or frozen desserts are measured by and packaged in 1/2 pint or 1/2 gallon containers, the net contents may be stated as 1/2 pint or 1/2 gallon, respectively.
ATCP 90.08(14)(a)2.
2. If fluid milk, fluid milk products, ice cream, or frozen desserts are measured by and packaged in measure containers as defined in the “Measure Container Code" of the
NIST Handbook 44, the net quantity declaration need not comply with the location requirement under s.
ATCP 90.07 (2).
ATCP 90.08 Note
Note: The “Measure Container Code" of the NIST Handbook 44 is on file with the department and the legislative reference bureau.
ATCP 90.08(14)(a)3.
3. If milk or fluid milk products are measured by and packaged in glass or plastic containers of 1/2, one pint, one quart, 1/2 gallon, or one gallon capacities, the net quantity declaration need not comply with the location requirement under s.
ATCP 90.07 (2), provided that other required label information is conspicuously displayed on the cap or outside closure and the net quantity declaration is conspicuously blown, formed, or molded into or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.
ATCP 90.08(14)(b)
(b) Butter. Notwithstanding ss.
ATCP 90.02 (2) and
90.07 (2), if butter is packaged in 4-ounce, 8-ounce, or one-pound packages with continuous label copy wrapping, the declaration of identity and the net quantity declaration need not be parallel to the base of the package. If butter is packaged in 8-ounce or one-pound packages, the declaration of quantity need not comply with the location requirements under s.
ATCP 90.07 (2).
ATCP 90.08(14)(c)
(c) Margarine and butter substitutes. If margarine or butter substitutes are packaged in a one-pound rectangular packages, the net quantity declaration need not comply with the location requirements under s.
ATCP 90.07 (2). This exemption does not apply to whipped or soft products, or to packages containing more than 4 sticks of margarine or butter substitute.
ATCP 90.08(15)(a)
(a) Net quantity; how expressed. Notwithstanding s.
ATCP 90.05 (2) (a), if fruit juice, imitation fruit juice, bottled water or a soft drink is packaged in a 1/2 pint or 1/2 gallon quantity, the net contents may be stated as 1/2 pint or 1/2 gallon, respectively.
ATCP 90.08(15)(b)
(b) Net quantity declaration; location. If fruit juice, imitation fruit juice, bottled water, or a soft drink is packaged in glass or plastic containers in quantities of 1/2 pint, one pint, one quart, 1/2 gallon, or one gallon, the net quantity declaration need not comply with the location requirement under s.
ATCP 90.07 (2), provided that other required label information is conspicuously displayed on the cap or outside closure and the net quantity declaration is conspicuously blown, formed, molded into the container, or permanently applied to the container, at or above the shoulder of the container.
ATCP 90.08(15)(c)
(c) Declaration of product identity; soft drinks and bottled water. On a bottle of soft drink or bottled water, the declaration of product identity need not comply with the location requirement under s.
ATCP 90.02 (2), provided that the declaration appears on the bottle closure.
ATCP 90.08(15)(d)
(d) Multi-unit packages of soft drink or bottled water. Multi-unit packages of soft drink or bottled water need not bear a declaration of product identity under s.
ATCP 90.02 or a declaration of responsibility under s.
ATCP 90.03, provided that the individual soft drink containers in the multi-unit package comply with ss.
ATCP 90.02 and
90.03.
ATCP 90.08(16)(a)(a) Wheat flour. If wheat flour is packaged in units of 2, 5, 10, 25, 50, or 100 pounds, the net quantity declaration need not comply with the location requirement under s.
ATCP 90.07 (2).
ATCP 90.08(16)(b)
(b) Corn flour and corn meal. If corn flour or corn meal is packaged in units of 5, 10, 25, 50, or 100 pounds, the net quantity declaration need not comply with the location requirement under s.
ATCP 90.07 (2).
ATCP 90.08(16)(c)
(c) Eggs. The net quantity declaration on a carton of 12 eggs need not comply with the location requirement under s.
ATCP 90.07 (2). If an egg carton is designed so that the retail purchaser can divide the carton in half, each half is exempt from the labeling requirements under this chapter, provided that the whole carton complies with this chapter.
ATCP 90.08(17)
(17)
Cosmetics in decorative containers. If cosmetics are packaged in “boudoir-type" containers, including decorative containers of the “cartridge," “pillbox," “compact," or “pencil" variety, or containers with a capacity of 7 grams (1/4 oz.) or less, labeling required under this chapter to appear on the principal display panel may appear on a tear-away tag or tape affixed to the container.
ATCP 90.08(18)
(18)
Film and recording media. The net quantity declaration on packages of film, recording tape, or other image and audio media packaged and labeled for retail sale need not be expressed according to s.
ATCP 90.05 or
90.06, provided that the net quantity declaration complies with the following applicable requirements:
ATCP 90.08(18)(a)1.1. For unexposed still film, still tape, or other still image media, the net quantity shall be expressed in terms of the guaranteed number of available still image exposures included in the package. The net quantity declaration may also state the length and width measurements of the individual exposures, expressed in millimeters or inches.
ATCP 90.08(18)(a)2.
2. For unexposed bulk or movie film, the net quantity shall be expressed in terms of the guaranteed length of film, in meters or feet, that is available for exposure.
ATCP 90.08(18)(a)3.
3. For unexposed electronic recording media, the net quantity shall be expressed in terms of the guaranteed length of available recording time. The net quantity declaration shall disclose, in connection with the available recording time, the applicable recording speeds, playing speeds, and machine settings as necessary. The declaration may also state the linear measure of the recording medium.
ATCP 90.08(18)(b)1.1. For exposed or processed still image media, the net quantity shall be expressed in terms of the number of still images included in the package. The net quantity declaration may also state the length and width measurements of the individual exposures, expressed in millimeters or inches.
ATCP 90.08(18)(b)2.
2. For exposed or processed film or recording media, other than still image media, the net quantity shall be expressed in terms of the entertainment time included in the package. Entertainment time means the time beginning with the first frame of sound or picture, whichever comes first after any countdown sequence, and ending with the last frame of credits, the last frame of the phrase “the end," or the end of sound, whichever occurs last.
ATCP 90.08(19)
(19)
Tint-based paint. The net quantity declaration on containers of tint base paint shall specify the net quantity prior to the addition of colorant at retail, except that a declared net quantity of one quart or one gallon may include colorant selected by the purchaser and added at retail if all of the following conditions are met:
ATCP 90.08(19)(a)
(a) The system employed by the responsible manufacturer, packer, or distributor ensures that the retail purchaser always obtains a quart or a gallon after colorant is added.
ATCP 90.08(19)(b)
(b) The net quantity declaration on the principal display panel includes a statement indicating that the tint base paint is not to be sold without the addition of colorant.
ATCP 90.08(19)(c)
(c) The container label states, in fluid ounces, the net quantity of tint base paint included in the container prior to the addition of colorant at retail.
ATCP 90.08(20)
(20)
Motor oil in cans. If motor oil is packaged in cans, the society of automotive engineers (SAE) viscosity number need not appear on the principal display panel, provided that all of the following conditions are met:
ATCP 90.08(20)(a)
(a) The principal display panel appears on the body of the motor oil can.
ATCP 90.08(20)(b)
(b) The SAE viscosity number appears on the can lid and is expressed in letters and numerals in type size of at least 6 mm or 1/4 inch.
ATCP 90.08(21)
(21)
Liquefied petroleum gas in portable refillable containers. No person may sell or exchange at retail, or offer for sale or exchange at retail, liquefied petroleum gas in a portable refillable container unless all of the following apply:
ATCP 90.08(21)(a)
(a) The tare weight of the container is clearly and conspicuously disclosed on the container, as required under s.
98.245 (2), Stats.
ATCP 90.08(21)(b)
(b) The net quantity of liquefied petroleum gas in the container is clearly and conspicuously disclosed on the container, or on a tag attached to the container. The format of the declaration shall comply with s.
ATCP 90.04.
ATCP 90.08(21)(c)
(c) A declaration of responsibility is attached to the container, or conspicuously posted at the location where the liquefied petroleum gas is offered or displayed for sale or exchange. The declaration shall comply with s.
ATCP 90.03, except as provided in this paragraph.
ATCP 90.08 Note
Note: See also s.
98.245, Stats., and ch.
ATCP 92, subch. V.
ATCP 90.08 History
History: Cr.
Register, March, 1994, No. 459, eff. 4-1-94; cr. (21),
Register, June, 1998, No. 510, eff. 7-1-98;
CR 14-047: am. (14) (a) 2.
Register May 2015 No. 713, eff. 6-1-15.
ATCP 90.09
ATCP 90.09
Variations from declared net quantity. ATCP 90.09(1)(a)
(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.
ATCP 90.09(1)(b)
(b) A shortage in an individual package does not violate par.
(a) if both of the following apply:
ATCP 90.09(1)(b)1.
1. The shortage is a result of unavoidable variations in quantity that occur despite good packaging and distribution practices.
