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Register February 2014 No. 698
Chapter Jus 14
SALE AND DISTRIBUTION OF OC PRODUCTS TO PRIVATE CITIZENS
Jus 14.01 Statutory authority.
Jus 14.02 Objectives.
Jus 14.03 Definitions.
Jus 14.04 Exceptions.
Jus 14.05 Maximum allowable amount of oleoresin of capsicum.
Jus 14.06 Minimum and maximum effective range.
Jus 14.07 Weight of ingredients.
Jus 14.08 Prohibition on camouflage OC products.
Jus 14.09 Safety device.
Jus 14.10 Minimum labeling requirements.
Jus 14.11 Style of packaging.
Jus 14.12 Minimum information to be included in the packaging.
Jus 14.13 Minimum written safety instruction requirements.
Ch. Jus 14 Note Note: Chapter Jus 14 is unenforceable as a result of 2013 Wisconsin Act 77 and s. 941.26 (4) (m), Stats.
Jus 14.01 Jus 14.01 Statutory authority. This chapter is established and adopted in compliance with s. 941.26 (4) (i) 2. and (j) 2., Stats.
Jus 14.01 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.
Jus 14.02 Jus 14.02 Objectives. The objectives of ch. Jus 14 are to establish content, performance, labeling, packaging and safety requirements of OC products sold in Wisconsin for use by private individuals for solely defensive purposes.
Jus 14.02 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.
Jus 14.03 Jus 14.03 Definitions. In this chapter:
Jus 14.03(1) (1) "Aerosol canister" means a cylinder shaped container in which a gas under pressure or low boiling liquid is used to expel the contents containing the active ingredients.
Jus 14.03(2) (2) "Burst" means a firing of the OC product which lasts at least one- second in duration.
Jus 14.03(3) (3) "Camouflage OC product" means a device or container for the expulsion of oleoresin of capsicum which is designed to appear as something other than an aerosol canister.
Jus 14.03(4) (4) "Effective range" means that distance from which the OC product can be used effectively for defensive purposes.
Jus 14.03(5) (5) "Inert ingredients" means all ingredients of the aerosol canister, other than oleoresin of capsicum.
Jus 14.03(6) (6) "OC product" means an aerosol canister which contains oleoresin of capsicum and inert ingredients.
Jus 14.03(7) (7) "Oleoresin of capsicum" means the oleoresin extracted from fruits of plants of the genus Capsicum. The oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.
Jus 14.03(8) (8) "Peace officer" means any person vested by law with a duty to maintain public order or to make arrests for a crime, whether that duty extends to all crimes or is limited to specific crimes.
Jus 14.03 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.
Jus 14.04 Jus 14.04 Exceptions. Sections Jus 14.05 to 14.09, do not apply to sales for use by peace officers, armed forces, or national guard personnel.
Jus 14.04 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.
Jus 14.05 Jus 14.05 Maximum allowable amount of oleoresin of capsicum. An OC product that contains more than 10% of oleoresin of capsicum may not be sold in Wisconsin.
Jus 14.05 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.
Jus 14.06 Jus 14.06 Minimum and maximum effective range. An OC product sold in Wisconsin may not have an effective range greater than 20 feet and shall have an effective range of at least 6 feet.
Jus 14.06 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.
Jus 14.07 Jus 14.07 Weight of ingredients. An OC product sold in Wisconsin shall have a total weight of oleoresin of capsicum and inert ingredients of not less than 15 grams nor more than 60 grams.
Jus 14.07 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.
Jus 14.08 Jus 14.08 Prohibition on camouflage OC products. No camouflage OC product may be sold in Wisconsin.
Jus 14.08 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.
Jus 14.09 Jus 14.09 Safety device. An OC product sold in Wisconsin shall have a safety feature designed to prevent unintentional discharge.
Jus 14.09 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.
Jus 14.10 Jus 14.10 Minimum labeling requirements. Any OC product sold in Wisconsin shall have affixed to the canister labeling with the following information:
Jus 14.10(1) (1) The percentage of the solution which is oleoresin of capsicum.
Jus 14.10(2) (2) The total combined weight of the oleoresin of capsicum and inert ingredients.
Jus 14.10(3) (3) The effective range of the OC product.
Jus 14.10(4) (4) The name of the manufacturer.
Jus 14.10(5) (5) The date on which the useful life of the OC product expires.
Jus 14.10(6) (6) A warning that the OC product may be used for defensive purposes only.
Jus 14.10(7) (7) A warning that the OC product may not be used or possessed by a person under the age of 18.
Jus 14.10(8) (8) A warning that the OC product causes temporary harm and a general description of the harm.
Jus 14.10(9) (9) First aid information regarding the treatment of persons exposed to oleoresin of capsicum.
Jus 14.10 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.
Jus 14.11 Jus 14.11 Style of packaging. Any OC product sold in Wisconsin shall be in a sealed, tamper proof package.
Jus 14.11 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.
Jus 14.12 Jus 14.12 Minimum information to be included in the packaging. Any OC product sold in Wisconsin shall have all of the following information placed on the packaging so that it is visible to the potential purchaser:
Jus 14.12(1) (1) The name of the manufacturer.
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