ATCP 102.13 Prohibited acts of retailers. No retailer or any officer, director, employe or agent thereof shall solicit or receive, directly or indirectly, from or through a wholesaler, broker, or another retailer, anything which is prohibited by s. ATCP 107.02
ATCP 102.12, where it is known, or in the exercise of reasonable prudence should be known that it is prohibited.
ATCP 102.14 (1) No broker, or any officer or agent thereof, shall participate, directly or indirectly, in any trade practice prohibited by s. ATCP 107.02 ATCP 102.12.
ATCP 102.14 (2) No wholesaler shall engage or offer to engage in any trade practice prohibited by s. ATCP 107.02
ATCP 102.12, directly or indirectly, through a broker.
ATCP 102.15 (1) (intro.) Nothing in s. ATCP 107.02 (1) ATCP 102.12 (1) and (3) shall apply to the sale or offering for sale of soda water beverages:
ATCP 102.15 (1) (b) With differences in services or facilities under s. ATCP 107.02 (3) ATCP 102.12 (3), if made in good faith to meet services or facilities, or any compensation therefor, furnished by a competitor.
ATCP 102.15 (1) (e) To customers other than wholesalers or retailers or wholesalers as defined in s. ATCP 107.01
ATCP 102.12 (2) or (3).
ATCP 102.15 (2) Equipment furnished, sold, given, lent, or rented prior to the effective date of this chapter shall, within 18 months after the effective date of this chapter, be either removed from the retailer's premises or brought into compliance with the requirements of s. ATCP 107.02 (2) ATCP 102.12 (2) and (3).
SECTION 18. Chapter ATCP 108 (title) is renumbered chapter ATCP 102, subchapter III (title) and amended to read:
Chapter ATCP 102, Subchapter III--Motor Fuel
SECTION 19. Chapter ATCP 108 (note) is repealed.
SECTION 20. ATCP 108.01 to 108.03 are renumbered ATCP 102.21 to 102.23; and ATCP 102.21 (intro.), as renumbered, is amended to read:
ATCP 102.21 Definitions. As used in this chapter and in ch. ATCP 113, the following terms are defined as follows In this subchapter:
SECTION 21. Chapter ATCP 130 is repealed.
SECTION 22. Chapter ATCP 135 (title) is renumbered chapter ATCP 137, subchapter II (title).
SECTION 23. ATCP 135.01 is renumbered ATCP 137.11 and amended to read:
ATCP 137.11 Authority. This
chapter subchapter is promulgated pursuant to s. 100.33, Stats.
SECTION 24. ATCP 135.03 is renumbered ATCP 137.12, and ATCP 137.12 (intro.), as renumbered, is amended to read:
ATCP 102.13 Prohibited acts of retailers.
ATCP 137.12 Definitions. The definitions set forth in s. 100.33, Stats., apply to this chapter subchapter. For the purpose of interpreting s. 100.33, Stats., and this chapter subchapter:
SECTION 25. ATCP 135.05 is renumbered ATCP 137.13, and ATCP 137.13 (1), as renumbered, is amended to read:
ATCP 137.13 (1) TRIANGULAR SYMBOL. Each plastic container regulated under this chapter subchapter and under s. 100.33, Stats., shall have a triangular symbol molded, imprinted or otherwise attached. Inside the triangle shall be a number and below the triangle shall be a series of letters identifying the resin used in the plastic container, as specified in sub. (2).
SECTION 26. ATCP 135.07 is renumbered ATCP 137.14 and amended to read:
ATCP 137.14 Variances. The department may grant a variance from this chapter subchapter, as provided under s. 100.33 (3m), Stats., if the requester can prove that labeling a type of plastic container is technologically impossible.
SECTION 27. ATCP 135.11 is renumbered ATCP 137.15 and amended to read:
ATCP 137.15 Penalty. Each violation of these rules this subchapter is subject to a forfeiture of not more than $500, as provided in s. 100.33 (4), Stats. Each day of violation constitutes a separate offense.
SECTION 28. ATCP 135.11 (note) is repealed.
SECTION 29. Chapter ATCP 137, subchapter I (title) is created to read:
Subchapter I--Recycled, Recyclable or Degradable Products
SECTION 30. ATCP 137.01 is amended to read:
ATCP 137.01 Scope and authority. This chapter subchapter
is adopted under ss. 100.20 (2) and 100.295, Stats. This subchapter applies to representations made for any product that is sold or leased, offered for sale or lease, or promoted or distributed for sale or lease at wholesale or retail. This chapter subchapter applies to oral, written or graphic representations including advertisements, product labels, statements made in the print or broadcast media, and representations made in the form of trademarks, logos, symbols or trade names.
SECTION 31. ATCP 137.02(intro.) is amended to read:
ATCP 137.02 Definitions. In this chapter subchapter:
SECTION 32. ATCP 137.04 (4) is amended to read:
ATCP 137.04 (4) A label only used at wholesale by a manufacturer of connectors for beverage containers as defined in s. 134.77 (1) (b), Stats., representing compliance with s. 134.77 (3), Stats., to packagers of beverages as defined in s. 134.77 (1) (a), Stats., does not constitute a representation, for purposes of this section, that a plastic beverage container is degradable as defined in this chapter.
SECTION 33. ATCP 137.05 (4) is amended to read:
ATCP 137.05 (4) An identifying symbol placed on a plastic container to comply with ch. ATCP 135 subchapter
II does not constitute a representation, for purposes of this chapter
subchapter, that the container is recyclable.
SECTION 34. ATCP 137.07 (3) is amended to read:
ATCP 137.07 (3) If a representation is required to include any disclosure or qualifying statements under this chapter
subchapter, the disclosures and qualifying statements shall be clear and conspicuous in relation to the representation.
SECTION 35. ATCP 140.15 is amended to read:
ATCP 140.15 List of affected producers or handlers; compilation prior to hearing. If a decision is made to initiate proceedings for the adoption, amendment or repeal of a marketing order, the secretary shall establish a current list of producers and handlers who will be affected by the proposal, as provided in s. 96.05 (3) through (5), Stats. The list shall be used in determining whether the proposal to adopt, amend or repeal a marketing order is approved in a referendum of producers and handlers, as provided in s. ATCP 140.16 ATCP 140.19. The list shall be established and updated using the procedures under s. 96.05 (3) through (5), Stats., before any notice of public hearing is issued on the proposal.
SECTION 36. Chapter ATCP 156 (title) is renumbered chapter ATCP 157, subchapter I (title).
SECTION 37. ATCP 156.01 to 156.08 are renumbered ATCP 157.01 to 157.08, and ATCP 157.01(intro.), as renumbered, is amended to read:
ATCP 157.01 Definitions. The following terms, wherever used in these standards or regulations, shall have the meaning here indicated
In this subchapter:
SECTION 38. Chapter ATCP 157 (title) is renumbered chapter ATCP 157, subchapter II (title).
SECTION 39. ATCP 157.01 to 157.04 are renumbered ATCP 157.11 to 157.14.
SECTION 40. Chapter ATCP 157 (title) is created to read:
Chapter ATCP 157
HONEY AND MAPLE SYRUP
SECTION 41. ATCP 161.23 (4) (b) is amended to read:
ATCP 161.23 (4) (b) For each product or commodity identified under par. (a), information showing that the product or commodity complies with the eligibility requirements under s. ATCP 161.28 ATCP 161.25.
Fiscal Effect
There is no fiscal impact with the promulgation of this rule.
Agriculture, Trade &
Consumer Protection
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed amendments to ch. ATCP 30, Wis. Adm. Code, relating to the use of atrazine pesticides.
Written Comments
The hearings will be held at the times and places shown below. The public is invited to attend the hearings and comment on the proposed rule. The Department also invites comments on the draft environmental impact statement which accompanies the rule. Following the public hearings, the hearing record will remain open until October 13, 1995 for additional written comments.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by September 8, 1995 either by writing to:
Kris Modaff, (608) 224-4505
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708
or by contacting the message relay system (TTY) at (608) 224-5058. Handicap access is available at the hearings.
Hearing Information
Four hearings are scheduled:
September 18, 1995 County Board Room
Monday Courthouse
1:00 to 4:00 p.m. West Decker St.
evening session VIROQUA, WI
6:30 to 9:00 p.m.
September 19, 1995 Point Room
Tuesday Best Western Royale
1:00 to 4:00 p.m. 5110 Main St.
evening session STEVENS POINT, WI
6:30 p.m. to 9:00 p.m.
September 20, 1995 Room D
Wednesday Chula Vista Resort
1:00 to 4:00 p.m. 4031 N. River Road
evening session WISCONSIN DELLS, WI
6:30 to 9:00 p.m.
September 21, 1995 Yodel Hall
Thursday Government Services Bldg.
1:00 to 4:00 p.m. Pleasant View Complex
evening session N3150B Hwy. 81
