100.207(6)(c)
(c) Any person who violates
subs. (2) to
(4) shall be required to forfeit not less than $25 nor more than $5,000 for each offense. Forfeitures under this paragraph shall be enforced by the department of justice, after consulting with the department of agriculture, trade and consumer protection, or, upon informing the department, by the district attorney of the county where the violation occurs.
100.207(6)(e)
(e) Subject to
par. (em), the department shall promulgate rules under this section.
100.207(6)(em)1.1. Before preparing any proposed rule under this section, the department shall form an advisory group to suggest recommendations regarding the content and scope of the proposed rule. The advisory group shall consist of one or more persons who may be affected by the proposed rule, a representative from the department of justice and a representative from the public service commission.
100.207(6)(em)2.
2. The department shall submit the recommendations under
subd. 1., if any, to the legislature as part of the report required under
s. 227.19 (2) and to the board of agriculture, trade and consumer protection.
100.207(6)(f)
(f) This section does not preempt the administration or enforcement of this chapter or
ch. 133 or
196.Practices in violation of this section may also constitute unfair methods of competition or unfair trade practices under
s. 100.20 (1) or
(1t) or fraudulent representations under
s. 100.18 (1) or violate
ch. 133 or
196.
100.207 History
History: 1993 a. 496;
1995 a. 27.
100.208
100.208
Unfair trade practices in telecommunications. 100.208(2)
(2) The department shall notify the public service commission if any of the following conditions exists:
100.208(2)(a)
(a) A telecommunications provider has been found by a court to have violated any provision of this chapter or of a rule promulgated under
s. 100.20 (2).
100.208(2)(b)
(b) The department has issued an order under
s. 100.20 (3) prohibiting a telecommunications provider from engaging in an unfair trade practice or method of competition.
100.208 History
History: 1993 a. 496.
100.21
100.21
Substantiation of energy savings or safety claims. 100.21(1)(a)
(a) "Dwelling unit" means a dwelling, as defined under
s. 101.61, a manufactured building, as defined under
s. 101.71, a manufactured home or mobile home, as defined under
s. 101.91, or a multifamily dwelling, as defined under
s. 101.971 (2).
100.21(1)(b)
(b) "Energy savings or safety claim" means an advertisement or representation that:
100.21(1)(b)1.
1. A product is safe or meets any standard or measure of safety; or
100.21(1)(b)2.c.
c. Reduces relative consumption of or expenditures for fuel or electricity; or
100.21(1)(c)
(c) "Insulation" means any material primarily designed to resist heat flow in a dwelling unit. "Insulation" does not include pipe or duct insulation except for duct wrap.
100.21(1)(e)
(e) "Person" means any manufacturer, distributor, installer or seller of any product.
100.21(1)(f)2.
2. Any system or device used in or around a dwelling unit for the heating of space or water or the generation of electricity, including any attachment or additive to the system or device. "Product" does not include any system, device, attachment or additive included in the original construction of a dwelling unit or in the sale or transfer of a dwelling unit.
100.21(1)(f)3.
3. Any fuel additive, including any motor vehicle fuel additive.
100.21(1)(f)4.
4. Any article used in a motor vehicle to promote fuel efficiency. "Product" does not include any original part or equipment in a motor vehicle as sold by the manufacturer or a licensed dealer or any substantially identical replacement part or equipment for the motor vehicle.
100.21(1)(g)
(g) "`R' value" means the measure of resistance to heat flow through a material, computed as the reciprocal of the heat flow through a material expressed in British thermal units per hour per square foot per degree Fahrenheit at 75 degrees Fahrenheit mean temperature.
100.21(2)(a)(a) No person may make an energy savings or safety claim without a reasonable and currently accepted scientific basis for the claim when the claim is made. Making an energy savings or safety claim without a reasonable and currently accepted scientific basis is an unfair method of competition and trade practice prohibited under
s. 100.20.
100.21(2)(b)
(b) An energy savings or safety claim made by a person other than a manufacturer does not violate
par. (a) if the person relies in good faith on written materials distributed by the manufacturer and if the claim is limited to the representations in the materials. Any energy savings or safety claim made by a person other than a manufacturer, after the person is notified that no reasonable and currently accepted scientific basis for the claim has been submitted, is a violation of
par. (a).
100.21(3)(a)(a) Any person making an energy savings or safety claim shall, upon written request by the department, submit information upon which the person relied to substantiate the claim. Failure to submit information requested under this subsection is a violation of
sub. (2) (a).
100.21(3)(b)
(b) The department shall make available to any person any information submitted under this subsection unless protected from disclosure by state or federal law.
100.21(4)(a)(a) The department may, after public hearing, issue general or special orders under
s. 100.20:
100.21(4)(a)1.
1. Prohibiting any energy savings or safety claim that violates
sub. (2);
100.21(4)(a)2.
2. Regulating the manner in which the energy savings or safety claim is made, including requiring accompanying disclosures to prevent unfairness or deception;
100.21(4)(a)3.
3. Prescribing any test method or other reasonable criteria by which the adequacy of the basis for any energy savings or safety claim is determined; or
100.21(4)(a)4.
4. Requiring corrective advertising to correct a violation of
sub. (2).
100.21(4)(c)
(c) The department shall cooperate with all other state agencies in the administration of this section, as provided in
s. 20.901.
100.21(6)
(6) Rule making. The department shall adopt rules that set standards which determine if a reasonable and currently accepted scientific basis exists for an energy savings or safety claim under
sub. (2). Adoption of rules is not a prerequisite to enforcement of this section. To the extent feasible, the department shall incorporate nationally recognized standards into the rules.
100.22
100.22
Discrimination in purchase of milk prohibited. 100.22(1)(1)
Prohibition. Except as provided in
sub. (1m), no person engaged in the business of buying milk from producers for the purpose of manufacture, processing or resale may discriminate between producers in the price paid for milk or in services furnished in connection with the purchase of milk if the discrimination injures producers or injures, destroys or prevents competition between competing purchasers of milk.
100.22(1m)
(1m) Milk pricing. A person engaged in the business of buying milk from producers for the purpose of manufacture, processing or resale may pay producers different prices for the purchase of milk based on differences in milk quality, if all of the following apply:
100.22(1m)(a)
(a) Before making any payments to producers, the person engaged in the business of buying milk from producers establishes a payment method based on differences in milk quality determined by an actual measured difference in bacteria count, somatic cell count, enzyme level or drug residue findings in the milk.
100.22(1m)(b)
(b) Before making any payments to producers, the person engaged in the business of buying milk from producers announces, and offers to make payments in accordance with, the payment method established under
par. (a) to all producers from whom the person buys milk.
100.22(1m)(c)
(c) The person engaged in the business of buying milk from producers makes payments to all milk producers from whom the person purchases milk in accordance with the payment method established under
par. (a).
100.22(1m)(d)
(d) The payment method established under
par. (a) is not part of any other method used to discriminate between producers in the price paid for milk or in services furnished in connection with the purchase of milk.
100.22(2)
(2) Contracts void. A contract in violation of this section or a special order issued under this section is void.
100.22(3)
(3) Justification defense. It is a defense to a prosecution for violation of this section or a special order issued under this section to prove that the discrimination in price or services was done in good faith to meet competition or was commensurate with an actual difference in the quantity of or transportation charges or marketing expenses for the milk purchased.
100.22(4)(a)(a) The department may, after hearing, issue a special order enjoining violations of this section.
100.22(4)(b)
(b) The department may, without alleging or proving that no other adequate remedy at law exists, bring an action to enjoin violations of this section or a special order issued under this section in the circuit court for the county where the alleged violation occurred.
100.22(5)(a)(a) A person who violates this section shall forfeit not less than $100 nor more than $2,500.
100.22(5)(b)
(b) A person who violates a special order issued under this section shall forfeit not less than $200 nor more than $5,000.
100.22 History
History: 1981 c. 124;
1991 a. 269.
100.23
100.23
Contract to market agricultural products; interference prohibited. 100.23(1)(a)
(a) "Agricultural product" includes, but is not limited to, any agricultural commodity, as defined in
s. 94.67 (2).
100.23(1)(b)
(b) "Association" means an association of persons engaged in the production of agricultural products under
7 USC 291.
100.23(1)(c)
(c) "Contract" means an agreement between a producer and an association, which agreement provides that all or a specified part of the person's production of one or more agricultural products by the person will be exclusively sold or marketed through or by the association or any facility furnished by it.
100.23(1)(d)
(d) "Producer" means a person who produces agricultural products.
100.23(2)
(2) Terms. No contract may have a term in excess of 5 years. A contract may be made self-renewing for periods not exceeding 5 years each, except that either party may terminate at the end of any term by giving written notice to the other party at least 30 days before the end of the term.
100.23(3)
(3) Damages. A contract may require liquidated damages to be paid by the producer in the event of a breach of contract with the association. Liquidated damages may be either a percentage of the value of the products which are the subject of the breach, or a specified sum, but may not be more than 30% of the value of those products. If a specified sum is provided as liquidated damages, but such sum exceeds 30% of the value of the products which are the subject of the breach, the contract shall be construed to provide liquidated damages equal to 30% of the value of the products which are the subject of the breach.
100.23(4)(a)(a) No person may breach, repudiate, interfere with, induce or attempt to induce or aid the breach of a contract.
100.23(4)(b)
(b) If any person who has notice of the contract violates or threatens to violate
par. (a), the association which is a party to the contract is entitled to all of the following remedies against that person, except as provided under
sub. (5):
100.23(4)(b)1.
1. An injunction, including a temporary restraining order, to prevent or terminate any conduct which is prohibited under
par. (a).
100.23(4)(c)
(c) If an association files a verified complaint showing a violation or threatened violation of
par. (a), and a sufficient bond, the association is entitled to a temporary restraining order against any person violating
par. (a).
100.23(4)(d)
(d) The county in which an association has its registered agent or its principal office in this state is a proper venue for an action under this subsection by or against that association.
100.23(5)
(5) Qualifications. No association is entitled to the remedies under
sub. (4) (b) unless the association:
100.23(5)(a)1.
1. No person other than an association member may vote at any member meeting of the association.
100.23(5)(a)2.
2. At any member meeting of the association, each association member entitled to vote shall have one vote, except that the articles or bylaws may permit either or both:
100.23(5)(a)2.a.
a. A member association to cast additional votes not exceeding a number equal to its membership.
100.23(5)(a)2.b.
b. An association whose member-patrons include other associations to base voting in whole or in part on a patronage basis.
100.23(5)(a)3.
3. Voting by proxy shall not be allowed in any association.
100.23(5)(a)4.
4. The bylaws of the association may provide for representation of members at any member meeting by delegates apportioned territorially or by other districts or units.
100.23(5)(a)5.
5. An annual member meeting shall be held by the association at the time and place fixed in or pursuant to the bylaws of the association. In the absence of a bylaw provision, such meeting shall be held within 6 months after the close of the association's fiscal year at the call of the president or board.
100.23(5)(a)6.
6. Written notice, stating the place, day and hour of the association's annual member meeting shall be given not less than 7 days nor more than 60 days before the annual meeting at the direction of the person calling the meeting. Notice need be given only to members entitled to vote. Notice shall be given to members having limited voting rights if they have or may have the right to vote at the meeting.
