LRB-5472/1
JEO/MGG:skg/mkd:km
1995 - 1996 LEGISLATURE
March 27, 1996 - Introduced by Representatives Rutkowski, Plache, Notestein,
Otte, F. Lasee, R. Young, Black, L. Young, Murat, Ainsworth, Coggs, Robson,
Vander Loop, Boyle and
Riley, cosponsored by Senators Grobschmidt and
Burke. Referred to Committee on Consumer Affairs.
AB1086,1,2
1An Act to create 100.435 of the statutes;
relating to: tampering with expiration
2dates on household substances and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law requires that certain products be labeled or packaged in
accordance with rules promulgated by the department of agriculture, trade and
consumer protection (DATCP). DATCP is authorized to promulgate rules relating
to packaging and labeling standards for products such as plastic containers and
products that are represented to be recycled, recyclable or degradable. DATCP may
also, by rule, adopt special packaging standards for household substances in
accordance with the federal poison prevention packaging act. If a person sells or
distributes a product that is not packaged or labeled in compliance with an applicable
labeling or packaging requirement, he or she may be required to pay a forfeiture (civil
penalty) and may be subject to an order from DATCP or an injunction from a court
that requires the person to refrain from selling or distributing the product in
violation of the labeling or packaging requirements.
This bill prohibits a person from tampering with or altering the container,
packaging or label of a household substance or repackaging a household substance
if: 1) as a result of that tampering, altering or repackaging, the person obscures or
covers up an expiration date of the substance or renders an expiration date of the
substance materially false or misleading; and 2) the person engages in the
tampering, altering or repackaging with the intent to mislead another person or to
falsify an expiration date of a household substance. A person who violates this
prohibition may be subject to a forfeiture of not more than $200.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1086, s. 1
3Section
1. 100.435 of the statutes is created to read:
AB1086,2,1
1100.435 Tampering with expiration date. (1) In this section:
AB1086,2,22
(a) "Household substance" has the meaning given in s. 100.43 (1) (f).
AB1086,2,43
(b) "Label" means any written, printed or graphic matter affixed to the
4container of any household substance.
AB1086,2,55
(c) "Package" has the meaning given in s. 100.43 (1) (h).
AB1086,2,10
6(2) No person may, with the intent to mislead another person or to falsify an
7expiration date of a household substance, tamper with or alter the container, package
8or label of a household substance or repackage a household substance in a manner
9that obscures or covers up an expiration date of the household substance or renders
10an expiration date of the household substance materially false or misleading.
AB1086,2,11
11(3) A person who violates sub. (2) may be required to forfeit not more than $200.
