100.26(6)
(6) The department, the department of justice, after consulting with the department, or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an injunction issued under
s. 100.18,
100.182 or
100.20 (6). The department of agriculture, trade and consumer protection or any district attorney may commence an action in the name of the state to recover a civil forfeiture to the state of not less than $100 nor more than $10,000 for each violation of an order issued under
s. 100.20.
100.26(7)
(7) Any person violating
s. 100.182 shall be fined not less than $500 nor more than $5,000 or imprisoned not more than one year or both for each offense. Each unlawful advertisement published, printed or mailed on separate days or in separate publications, hand bills or direct mailings is a separate violation of this section.
100.26(8)
(8) Any person who violates
s. 100.46 may be required to forfeit not more than $100.
100.26 Annotation
It was constitutionally proper for the legislature in (3) to authorize the imposition of criminal penalties for the violation of department rules adopted pursuant to 100.20. State v. Lambert, 68 W (2d) 523, 229 NW (2d) 622.
100.26 Annotation
"Intentionally" in (3) modifies only "refuses", not "neglects or fails". Multiplicitous charge must be avoided. State v. Stepniewski, 105 W (2d) 261, 314 NW (2d) 98 (1982).
100.26 Annotation
Conviction under (3) without proof of criminal intent did not violate due process clause. Stepniewski v. Gagnon, 732 F (2d) 567 (1984).
100.263
100.263
Recovery. In addition to other remedies available under this chapter, the court may award the department the [reasonable and necessary] costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation and the court may award the department of justice the [reasonable and necessary] expenses of prosecution, including attorney fees, from any person who violates this chapter. The department and the department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department, the department of justice or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under
s. 20.455 (1) (gh). [All of the money deposited in the general fund that was awarded under this section to remedy the harmful effects of the violation shall be credited to the appropriation account under
s. 20.455 (1) (gm).]
100.263 Note
NOTE: This section is shown as amended by
1995 Wis. Act 27, s.
3608g, except that the bracketed "reasonable and necessary" was inadvertently deleted in two places by Act 27, s. 3608g and except that the bracketed final sentence was deleted from the creation of this provision by the governor's partial veto of
1995 Wis. Act 27, s.
3608. Section 3608g shows the vetoed final sentence as if it had been enacted by section 3608.
100.263 History
History: 1995 a. 27.
100.264
100.264
Violations against elderly or disabled persons. 100.264(1)(a)
(a) "Disabled person" means a person who has an impairment of a physical, mental or emotional nature that substantially limits at least one major life activity.
100.264(1)(b)
(b) "Elderly person" means a person who is at least 62 years of age.
100.264(1)(c)
(c) "Major life activity" means self-care, walking, seeing, hearing, speaking, breathing, learning, performing manual tasks or being able to be gainfully employed.
100.264(2)
(2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under
s. 100.16,
100.17,
100.18,
100.182,
100.183,
100.20,
100.205,
100.207,
100.21,
100.30 (3),
100.35,
100.44 or
100.46 or a rule promulgated under one of those sections, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the violation was imposed, was perpetrated against an elderly person or disabled person and if the court finds that any of the following factors is present:
100.264(2)(a)
(a) The defendant knew or should have known that the defendant's conduct was perpetrated against an elderly person or disabled person.
100.264(2)(b)
(b) The defendant's conduct caused an elderly person or disabled person to suffer any of the following:
100.264(2)(b)2.
2. Loss of principal employment or principal source of income.
100.264(2)(b)3.
3. Loss of more than 25% of the property that the elderly person or disabled person has set aside for retirement or for personal or family care or maintenance.
100.264(2)(b)4.
4. Loss of more than 25% of the total of payments to be received under a pension or retirement plan.
100.264(2)(b)5.
5. Loss of assets essential to the health or welfare of the elderly person or disabled person.
100.264(2)(c)
(c) The defendant's conduct caused physical or emotional damage or economic loss, other than the losses specified in
par. (b) 1. to
5., and elderly persons or disabled persons are more likely to suffer the loss than other persons due to their age, poor health, impaired understanding or restricted mobility.
100.264 History
History: 1995 a. 382 100.265
100.265
List of gasohol and alternative fuel refueling facilities. No later than December 31 annually, and at such other times as the department determines to be necessary, the department shall publish and transmit to the department of administration a list of all refueling facilities in the state at which gasohol, as defined in
s. 16.045 (1) (d), or any alternative fuel, as defined in
s. 16.045 (1) (b), is available. The list shall be organized by location and shall indicate which facilities are open to the public, which types of fuel are available at the facilities and which facilities are limited to use by certain employes or types of vehicles, and shall identify the employes or types of vehicles to which such use is limited.
100.265 History
History: 1993 a. 351.
100.27
100.27
Dry cell batteries containing mercury. 100.27(1)(a)
(a) "Alkaline manganese battery" means a battery with a manganese dioxide electrode and an alkaline electrolyte.
100.27(1)(b)
(b) "Alkaline manganese button cell battery" means an alkaline manganese battery that resembles a button in size and shape.
100.27(1)(c)
(c) "Mercuric oxide battery" means a battery with a mercuric oxide electrode.
100.27(1)(d)
(d) "Mercuric oxide button cell battery" means a mercuric oxide battery that resembles a button in size and shape.
100.27(1)(e)
(e) "Zinc carbon battery" means a battery with a manganese dioxide electrode, a zinc electrode and an electrolyte that is not alkaline.
100.27(2)(a)(a) No person may sell or offer for sale an alkaline manganese battery that is manufactured after January 1, 1996, except for an alkaline manganese button cell battery, unless the manufacturer has certified to the department that the alkaline manganese battery contains no mercury that was intentionally introduced.
100.27(2)(b)
(b) No person may sell or offer for sale an alkaline manganese button cell battery that is manufactured after January 1, 1996, unless the manufacturer has certified to the department that the alkaline manganese button cell battery contains no more than 25 milligrams of mercury.
100.27(3)
(3) Zinc carbon batteries. No person may sell or offer for sale a zinc carbon battery that is manufactured after July 1, 1994, unless the manufacturer has certified to the department that the zinc carbon battery contains no mercury that was intentionally introduced.
100.27(5)
(5) Mercuric oxide batteries. Beginning on July 1, 1994, no person may sell or offer for sale a mercuric oxide battery that is not a mercuric oxide button cell battery unless the manufacturer does all of the following:
100.27(5)(a)
(a) Identifies a collection site, that has all required governmental approvals, to which persons may send used mercuric oxide batteries for recycling or proper disposal.
100.27(5)(b)
(b) Informs each purchaser of one of its mercuric oxide batteries of the collection site identified under
par. (a) and of the prohibition in
s. 287.185 (2).
100.27(5)(c)
(c) Informs each purchaser of one of its mercuric oxide batteries of a telephone number that the purchaser may call to get information about returning mercuric oxide batteries for recycling or proper disposal.
100.27(5)(d)
(d) Informs the department and the department of natural resources of the collection site identified under
par. (a) and the telephone number under
par. (c).
100.27(6)
(6) List of certified batteries. The department shall compile and make available to the public a list of all batteries for which it has received certification under
subs. (2) and
(3).
100.27(7)(a)(a) Any person who violates
subs. (2) to
(5) shall forfeit not less than $50 nor more than $200.
100.27(7)(b)
(b) Any manufacturer that submits a fraudulent certification under
sub. (2) or
(3) shall forfeit not less than $1,000 nor more than $10,000 for each violation.
100.27 History
History: 1993 a. 74;
1995 a. 227.
100.28
100.28
Sale of cleaning agents and water conditioners containing phosphorus restricted. 100.28(1)(a)
(a) "Chemical water conditioner" means a water softening chemical or other substance containing phosphorus intended to treat water for machine laundry use.
100.28(1)(b)
(b) "Cleaning agent" means any laundry detergent, laundry additive, dishwashing compound, cleanser, household cleaner, metal cleaner, degreasing compound, commercial cleaner, industrial cleaner, phosphate compound or other substance intended to be used for cleaning purposes.
100.28(2)
(2) Restrictions; retail sales. Except as provided under
sub. (3), no person may sell or offer to sell at retail:
100.28(2)(a)
(a)
General restriction; 0.5%. Any cleaning agent which contains more than 0.5% phosphorus by weight, other than a cleaning agent for machine dishwashing or cleansing of medical and surgical equipment.
100.28(2)(b)
(b)
Restriction for machine dishwashing or cleansing of medical equipment; 8.7%. Any cleaning agent for machine dishwashing or cleansing of medical and surgical equipment which contains more than 8.7% phosphorus by weight.
100.28(2)(c)
(c)
Restriction for water conditioner; 20%. Any chemical water conditioner which contains more than 20% phosphorus by weight.
100.28(2m)
(2m) Restrictions; sale to retailer. Except as provided under
sub. (3), no person may sell or offer to sell to a retailer:
100.28(2m)(a)
(a)
General restriction; 0.5%. Any cleaning agent which contains more than 0.5% phosphorus by weight, other than a cleaning agent for machine dishwashing or cleansing of medical and surgical equipment.
100.28(2m)(b)
(b)
Restriction for machine dishwashing or cleansing of medical equipment; 8.7%. Any cleaning agent for machine dishwashing or cleansing of medical and surgical equipment which contains more than 8.7% phosphorus by weight.
100.28(2m)(c)
(c)
Restriction for water conditioner; 20%. Any chemical water conditioner which contains more than 20% phosphorus by weight.
100.28(3)
(3) Exemption; industrial processes and dairy equipment. Cleaning agents used for industrial processes and cleaning or for cleansing dairy equipment are not subject to this section.
100.28(4)(a)(a) A person who violates this section shall forfeit not less than $25 nor more than $25,000 for each violation. Each day on which the person sells or offers to sell in violation of this section constitutes a separate violation. Each place at which the person sells or offers to sell in violation of this section constitutes a separate violation.
100.28(4)(am)
(am) If a court imposes a forfeiture under
par. (a) on the manufacturer of a chemical water conditioner or cleaning agent for a violation of
sub. (2m), the court may order the manufacturer to accept the return of the chemical water conditioner or cleaning agent that is the subject of the violation and to refund the purchase price to the retailer who purchased that chemical water conditioner or cleaning agent.
100.28(4)(b)
(b) In lieu of or in addition to forfeitures under
par. (a), the department may seek an injunction restraining any person from violating this section.
100.28(4)(c)
(c) The department, or any district attorney upon the request of the department, may commence an action in the name of the state under
par. (a) or
(b).
100.28(4)(d)
(d) Any action on a violation of this section may be commenced in the circuit court for the county in which the violation occurred, or in the case of multiple violations by a single defendant, in the circuit court for the county in which any of the violations occurred.
100.285
100.285
Reduction of toxics in packaging. 100.285(1)
(1)
Definition. In this section, "packaging component" means any individual assembled part of a package, including any interior or exterior blocking, bracing, cushioning, weatherproofing, coating, closure, ink or label.
100.285(2)
(2) Restriction. Except as provided in
sub. (3), a manufacturer or distributor may not sell a package, packaging material or packaging component with a total concentration of lead, cadmium, mercury plus hexavalent chromium that exceeds:
100.285(2)(a)
(a) Beginning on June 1, 1992, 600 parts per million.
100.285(2)(b)
(b) Beginning on June 1, 1993, 250 parts per million.
100.285(2)(c)
(c) Beginning on June 1, 1994, 100 parts per million.
100.285(3)(a)(a) Before June 1, 1996,
sub. (2) does not apply with respect to a package, packaging material or packaging component made from recycled materials.
100.285(3)(b)
(b) Subsection (2) does not apply with respect to a package, packaging material or packaging component if a higher total concentration of lead, cadmium, mercury plus hexavalent chromium is necessary to meet federal health or safety requirements.
100.285(3)(c)
(c) Subsection (2) does not apply with respect to a package, packaging material or packaging component for which there is no feasible alternative that satisfies the limitations in
sub. (2).
100.285(3)(d)
(d) Subsection (2) does not apply with respect to lead foil purchased and used on or before December 31, 1992, to wrap the opening of a bottle that contains intoxicating liquor, as defined in
s. 125.02 (8), or to any package that contains intoxicating liquor, as defined in
s. 125.02 (8), if the package was filled and sealed on or before December 31, 1992.
100.285(5)
(5) No penalty. A person who violates
sub. (2) is not subject to a penalty.
100.285(6)
(6) Report. The department shall review the effectiveness of
subs. (1) to
(5) and shall report the results of the review, including a recommendation of whether enforcement provisions and penalties should be instituted, on or before June 1, 1993, to the governor and to the chief clerk of each house of the legislature for distribution under
s. 13.172 (2).
100.285 History
History: 1989 a. 335;
1991 a. 36.
100.29
100.29
Sale of nonrecyclable materials. 100.29(1)
(1)
Definitions. In this section "new packaging" means packaging, including a container, made from a material or a combination of materials not used in any packaging, exclusive of any closure or label, that is in commerce in this state on or before May 11, 1990.
100.29(3)(a)(a) If the department receives a complaint that there is not an adequate market to make recycling of a type of new packaging economically feasible, the department shall investigate the complaint. If the department determines that the product has been in commerce in this state for at least 3 years and that the complaint is well-founded, it shall inform the manufacturer or distributor of the new packaging and attempt to ensure an adequate market within a reasonable period through negotiations.
100.29(3)(b)
(b) The department shall identify by rule a type of new packaging for food or beverages to which all of the following apply:
100.29(3)(b)1.
1. After at least 3 years in commerce in this state, there is not an adequate market to make recycling of the type of new packaging economically feasible.
