100.45(4)(c)
(c) The person or another person does one of the following with any used ozone-depleting refrigerant:
100.45(4)(c)1.
1. Recycles the used ozone-depleting refrigerant using approved refrigerant recycling equipment at the establishment where the ozone-depleting refrigerant is removed or at another establishment under common ownership and either reuses the recycled ozone-depleting refrigerant in servicing a mobile air conditioner or trailer refrigeration equipment at one of the establishments under common ownership or sells or otherwise transfers possession of the recycled ozone-depleting refrigerant for conveyance to a refrigerant reclamation facility that is recognized by the department.
100.45(4)(c)2.
2. Removes the used ozone-depleting refrigerant using approved refrigerant recovery equipment and sells or otherwise transfers possession of the recovered ozone-depleting refrigerant in compliance with
sub. (3) (c).
100.45(4)(d)
(d) The individuals who use the equipment under
par. (c) have the qualifications established under
sub. (5) (a) 2.
100.45(4)(e)
(e) The person does not knowingly or negligently release ozone-depleting refrigerant to the environment, except for minimal releases that occur during efforts to recover or recycle ozone-depleting refrigerant removed from mobile air conditioners or trailer refrigeration equipment.
100.45(4)(f)
(f) The person inspects and, if necessary, repairs mobile air conditioners or trailer refrigeration equipment that leaks or is suspected of leaking before putting additional ozone-depleting refrigerant into those mobile air conditioners or trailer refrigeration equipment.
100.45(4)(h)
(h) The person holds an annual registration certificate from the department.
100.45(5)
(5) Department duties. The department shall do all of the following:
100.45(5)(a)
(a) Promulgate rules for the administration of this section including establishing all of the following:
100.45(5)(a)1.
1. A standard of purity for recycled refrigerant from mobile air conditioners that is based on recognized national industry standards.
100.45(5)(a)2.
2. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant recycling equipment or approved refrigerant recovery equipment to ensure that those individuals use procedures for containment of ozone-depleting refrigerant.
100.45(5)(b)
(b) Identify approved refrigerant recycling equipment and approved refrigerant recovery equipment or approve independent testing organizations that may identify approved refrigerant recycling equipment and approved refrigerant recovery equipment.
100.45(5)(c)
(c) Issue annual registration certificates to persons required to hold those certificates under
subs. (3) (b) and
(4) (h).
100.45(5e)
(5e) Department powers. The department may promulgate rules providing that any portion of
sub. (3) or
(4) applies with respect to a substance used as a substitute for an ozone-depleting refrigerant.
100.45(5m)
(5m) Surcharge for operating without registration. An applicant for an annual registration certificate under
sub. (5) (c) shall pay a registration fee surcharge of $160 if the department determines that, within one year before submitting the application, the applicant engaged in an activity for which a registration certificate is required under this section without holding a registration certificate. Payment of the registration fee surcharge does not relieve the applicant from any other civil liability that results from violations of this section, but does not constitute evidence of a violation of law.
100.45(6)(a)(a) Any person who violates
sub. (2) shall be required to forfeit $1,000. Each motor vehicle distributed in violation of
sub. (2) constitutes a violation.
100.45(6)(b)
(b) Any person who violates
sub. (3) shall be required to forfeit not less than $50 nor more than $1,000. Each sale in violation of
sub. (3) constitutes a violation.
100.45(6)(c)
(c) Any person who violates
sub. (4) shall be required to forfeit not less than $50 nor more than $1,000. Each repair, installation or servicing in violation of
sub. (4) constitutes a violation.
100.46
100.46
Energy consuming products. 100.46(1)
(1)
Energy conservation standards. The department may by rule adopt energy conservation standards for products that have been established in or promulgated under
42 USC 6291 to
6309.
100.46(2)
(2) Prohibited acts; enforcement. No person may sell at retail, install or cause to be installed any product that is not in compliance with rules promulgated under
sub. (1). In addition to other penalties and enforcement procedures, the department may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under
sub. (1).
100.46 History
History: 1993 a. 414.
100.46 Note
NOTE: 1993 Wis. Act 414, which creates this section, contains extensive explanatory notes.
100.47
100.47
Sales of farm equipment. 100.47(1)
(1)
Definition. In this section, "farm equipment" means a tractor or other machinery used in the business of farming.
100.47(2)
(2) Safety equipment required. No person in the business of selling farm equipment may sell farm equipment unless, at the time of sale, the farm equipment is equipped with all of the following:
100.47(2)(a)
(a) A power takeoff master shield, if a tractor.
100.47(2)(b)
(b) A power takeoff driveline shield extending to the 2nd universal joint, if farm equipment powered by a tractor.
100.47(2)(c)
(c) Lights and reflectors meeting the applicable requirements under
ch. 347, if farm equipment that can be operated on a highway.
100.47(2)(d)
(d) A slow moving vehicle emblem meeting standards and specifications established under
s. 347.245, if farm equipment that can be operated on a highway.
100.47(3)
(3) Disclosure. If farm equipment subject to
sub. (2) (b) is equipped with a power takeoff shield that is not equivalent to the shield installed at the time of manufacture, the person who sells the farm equipment shall so notify the buyer in writing.
100.47(4)(a)
(a) Sales of farm equipment to another person in the business of selling farm equipment for the purpose of resale.
100.47(4)(b)
(b) Sales of farm equipment for the purpose of salvage.
100.47(4)(c)
(c) Sales by auction, unless the auctioneer holds title to the farm equipment being sold.
100.47(5)
(5) Penalty. Any person who violates this section may be required to forfeit not more than $500 for each violation.
100.47 History
History: 1993 a. 455;
1993 a. 491 s.
142; Stats. 1993 s. 100.47.
100.50
100.50
Products containing or made with ozone-depleting substances. 100.50(2)
(2) Product labeling. Beginning on August 1, 1994, no person may represent in advertising or on a label that any product that the person manufactures, packages, distributes or sells is "ozone friendly" or use any similar description that implies that the product does not contribute to the depletion of stratospheric ozone if the product contains or is made with a class I substance or a class II substance.
100.50(3)
(3) Sale of portable fire extinguishers. Beginning on August 1, 1994, no person may sell or offer to sell a portable fire extinguisher that contains a class I substance except for use by a commercial user.
100.50(4)
(4) Fire-extinguishing products. Beginning on January 1, 1995, a person may make, package, sell or offer to sell a fire-extinguishing product that contains a class I substance only if the class I substance has been recycled or reclaimed and, in the case of a sale or offer to sell, if sale of the product is not prohibited under
sub. (3).
100.50(5)
(5) Return to manufacturer. After the sale of a product is prohibited under
sub. (3) or
(4), a retailer that purchased the product from the manufacturer for resale before the date on which the prohibition takes effect may return the product to the manufacturer and the manufacturer shall refund the purchase price to the retailer.
100.50(6)(a)(a) Any person who violates
sub. (2),
(3) or
(4) shall be required to forfeit not less than $250 nor more than $1,000. Each day on which a person sells or offers to sell in violation of one of those provisions constitutes a separate offense.
100.50(6)(am)
(am) If a court imposes a forfeiture under
par. (a) on a person for a violation of
sub. (2),
(3) or
(4), the court may order the person to accept the return of the product that is the subject of the violation and to refund the purchase price to the purchaser of that product.
100.50(6)(b)
(b) In lieu of or in addition to the remedy under
par. (a), the department may seek an injunction restraining any person from violating this section.
100.50(6)(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).
100.50 History
History: 1993 a. 243;
1995 a. 27.
