Chapter ATCP 90

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;CR 23-057: am. (10) (g), (h) 1., 2., (12) (a), (16) (b) Register June 2025 No. 834, eff. 7-1-25; correction in (14) (a) 2. made under s. 35.17, Stats., Register June 2025 No. 834.

ATCP 90.09 ATCP 90.09 Variations from declared net quantity.

ATCP 90.09(1) (1) Individual package.

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.

ATCP 90.09(1)(b)2. 2. The shortage is not an unreasonable shortage.

ATCP 90.09(1)(c) (c) If a shortage is found in a package that is part of an enforcement sample that violates sub. (3) (a), it is rebuttably presumed that the shortage in that individual package does not qualify for exemption under par. (b).

ATCP 90.09(1)(d) (d) A seller who violates par. (a) is subject to enforcement action under s. 98.26 (1) (c), Stats.

ATCP 90.09(2) (2) Enforcement sample and inspection lot.

ATCP 90.09(2)(a) (a) The department or a municipal sealer may determine the net contents of packaged commodities in an inspection lot based on an enforcement sample collected from that inspection lot. The enforcement sample shall be collected, tested, and analyzed according to applicable provisions of NIST Handbook 133. Unless otherwise specified by NIST Handbook 133, the inspection lot shall be determined according to par. (b).

ATCP 90.09(2)(b) (b) The department or municipal sealer shall determine the scope of an inspection lot before collecting an enforcement sample from that lot under par. (a). An inspection lot may consist of any group of identically labeled packages found at the same manufacturing, wholesale, or retail premises. An inspection lot may include packages from different manufacturing or production lots, and from different wholesale shipments or deliveries.

ATCP 90.09(2)(c) (c) For purposes of par. (b), packages are identically labeled if they are of the same size and if they bear the same declaration of product identity under s. ATCP 90.02, the same declaration of responsibility under s. ATCP 90.03, and the same declaration of net quantity under s. ATCP 90.04, regardless of any other differences in label content or format.

ATCP 90.09 Note Note: A copy of NIST Handbook 133, Checking the Net Contents of Packaged Goods, 2023 edition, is on file with the department and the legislative reference bureau. Copies may be obtained online at https://www.nist.gov/pml/owm/publications/nist-handbooks.

ATCP 90.09(3) (3) Enforcement sample tests short; order prohibiting sale of inspection lot.

ATCP 90.09(3)(a) (a) In any enforcement sample under sub. (2) (a), the average net quantity per package may not be less than the net quantity declared on the package label.

ATCP 90.09(3)(b) (b) If an enforcement sample violates par. (a), the department or a municipal sealer may issue an order prohibiting the sale of the entire inspection lot from which that enforcement sample was collected.

ATCP 90.09(4) (4) Unreasonable shortages; order prohibiting sale.

ATCP 90.09(4)(a) (a) If, in any enforcement sample under sub. (2) (a), the number of unreasonable shortages in individual packages exceeds the number specified for an enforcement sample of that size in NIST Handbook 133, the department or a municipal sealer shall issue an order prohibiting the sale of the entire inspection lot from which that enforcement sample is collected.

ATCP 90.09(4)(b) (b) The department or a municipal sealer may prohibit the sale of any individual package having an unreasonable shortage, regardless of whether that package is part of an enforcement sample under sub. (2) (a).

ATCP 90.09 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94; r. and recr. (2), am. (4) (a), Register, June, 1998, No. 510, eff. 7-1-98; CR 14-047: am. (2) (a), (4) (a) Register May 2015 No. 713, eff. 6-1-15; CR 23-057: am. (2) (a), (4) (a) Register June 2025 No. 834, eff. 7-1-25.

ATCP 90.10 ATCP 90.10 Nutritional labeling of food.

ATCP 90.10(1) (1) Except for meat and poultry products under sub. (2), food sold or distributed for sale in this state shall be labeled in compliance with applicable rules adopted by the United States food and drug administration under 21 CFR 101, 102, 104, 105, and 130.

ATCP 90.10(2) (2) Meat and poultry products sold or distributed for sale in this state shall be labeled in compliance with applicable rules adopted by the United States department of agriculture under 9 CFR 317.300 to 317.400, 320.1, 381.175, and 381.400 to 381.500.

ATCP 90.10 Note Note: This section is adopted under s. 97.09 (4), Stats. See also s. 97.09 (1), Stats., related to food definitions and standards of identity, composition, quality, and fill of container.

ATCP 90.10 History History: Cr. Register, March, 1994, No. 459, eff. 4-1-94.