LRB-1879/1
MDE:amn
2023 - 2024 LEGISLATURE
April 3, 2023 - Introduced by Senators Ballweg, Carpenter, Nass,
Stroebel and
Wanggaard, cosponsored by Representatives Magnafici, Callahan,
Considine, Armstrong, Baldeh, Clancy, Duchow, Edming, Emerson,
Kitchens, Krug, Novak, O'Connor, Penterman, Rozar, Schmidt, Schraa,
VanderMeer and Wittke. Referred to Committee on Government Operations,
Elections and Consumer Protection.
SB148,1,2
1An Act to create 100.20 (2) (c) of the statutes;
relating to: the sale or rental of
2soda water beverage equipment and coin-operated vending machines.
Analysis by the Legislative Reference Bureau
This bill prohibits the Department of Agriculture, Trade and Consumer
Protection from regulating the terms of sale or rental of soda water beverage
equipment generally or the terms of sale or rental of coin-operated vending
machines by soda water beverage wholesalers to retail food establishments. Current
law authorizes DATCP to promulgate rules prohibiting methods of competition and
trade practices that it determines are unfair. Using this authority, DATCP has
promulgated rules regulating the terms of sale or rental of soda water beverage
equipment and coin-operated vending machines when the equipment or machines
are sold or rented out by wholesalers. Under this bill, DATCP may not issue orders,
promulgate rules, or enforce existing rules that regulate the terms of sale or rental
of soda water beverage equipment generally or the terms of sale or rental of
coin-operated vending machines by soda water beverage wholesalers to retail food
establishments.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB148,1
1Section
1. 100.20 (2) (c) of the statutes is created to read:
SB148,2,22
100.20
(2) (c) 1. In this paragraph:
SB148,2,33
a. “Retail food establishment” has the meaning given in s. 97.30 (1) (c).
SB148,2,44
b. “Soda water beverage” has the meaning given in s. 97.34 (1) (b).
SB148,2,95
2. Notwithstanding par. (a), the department may not issue any order or
6promulgate any rule that regulates the terms of sale or rental of equipment for soda
7water beverages, other than coin-operated vending machines, or enforce any order
8or rule that regulates the terms of sale or rental of equipment for soda water
9beverages, other than coin-operated vending machines.
SB148,2,1510
3. Notwithstanding par. (a), the department may not issue any order or
11promulgate any rule that regulates the terms of sale or rental of coin-operated soda
12water vending machines by wholesalers of soda water beverages to retail food
13establishments or enforce any order or rule that regulates the terms of sale or rental
14of coin-operated soda water vending machines by wholesalers of soda water
15beverages to retail food establishments.
