98.07(4)
(4) In order to prevent consumer deception, the department shall prescribe, by rule, standards for determining and declaring weight, measure or count, including the conspicuousness of quantity declarations.
98.07 History
History: 1975 c. 308.
98.08
98.08
Price refunds; price information. 98.08(1)
(1) A person who uses an electronic scanner to record the price of a commodity or thing and who sells the commodity or thing at a price higher than the posted or advertised price of that commodity or thing at least shall refund to a person who purchases the commodity or thing the difference between the posted or advertised price of the commodity or thing and the price charged at the time of sale.
98.08(2)
(2) A person who sells a commodity or thing and who uses an electronic scanner to record the price of that commodity or thing shall display, in a conspicuous manner, a sign stating the requirements of
sub. (1).
98.08 History
History: 1995 a. 319.
98.12
98.12
Sale of ice cream and similar frozen products. Ice cream, ice milk, water ices or other frozen desserts of a similar nature packaged prior to sale shall be sold by liquid measure. This section does not apply if the products are packaged at time of sale at retail or sold in quantities of less than one-half liquid pint.
98.13
98.13
Milk or cream tests; samples; patrons' statement. 98.13(1)(1) The Babcock or ether extraction tests shall be used to determine the milk fat content of milk or cream purchased by or sold to dairy plants, but the department may issue rules permitting the use of other methods or devices for testing and determining such milk fat content.
98.13(2)
(2) Each sample used for testing shall be representative of the milk or cream from which taken. Composite samples shall consist of representative samples taken during a period not exceeding 16 consecutive days. The unused portion of tested samples shall be retained not less than 5 days after testing to enable retesting by the department.
98.13(3)
(3) All purchasers of milk or cream from the producer, when using such milk fat tests to determine the value of any milk or cream received or bought by such purchaser, shall, when paying for such milk or cream, include an itemized statement to each patron showing the daily number of pounds of milk delivered, the total amount of butterfat content or test, transportation costs, and other charges and deductions for the period of time for which payment is made; except that the daily weights need not be shown on such statement if weight slips are furnished daily to producers.
98.13(4)
(4) Whenever milk is sold under an agreement, express or implied, that the value of the milk shall be determined by its proportion of butter fat, the price to be paid shall be based on a 3.5% butter fat standard.
98.13(5)
(5) To insure the accuracy of the milk fat tests prescribed herein the department shall issue rules governing the collection and care of samples, the conduct of tests and the keeping of test records.
98.13 History
History: 1997 a. 253.
98.14
98.14
Standardization of Babcock pipettes. 98.14(1)
(1) All bottles and pipettes used in measuring milk or milk products to determine the percentage of fat in the milk or milk products shall have clearly blown or otherwise permanently marked in the side of the bottle or pipette the word "Sealed", and in the side of the pipette or the side or bottom of the bottle the name, initials or trademark of the manufacturer and the manufacturer's designating number, which designating number shall be different for each manufacturer and may be used in identifying bottles. The designating number shall be furnished by the department upon application by the manufacturer and upon the filing by the manufacturer of a bond in the sum of $1,000 with sureties to be approved by the attorney general, conditioned upon conformance with the requirements of this section. A record of the bonds furnished, the designating number, and to whom furnished, shall be kept in the office of the department.
98.14(2)
(2) Any manufacturer who sells Babcock milk, cream or butter test bottles or milk pipettes, for use in this state, that do not comply with the provisions of this section shall be subject to a penalty of $500 to be recovered by the attorney general in an action brought in the name of the people of the state against the offender's bondsmen. No dealer shall use, for the purpose of determining the percent of milk fat in milk or milk products, any bottles or pipettes that do not comply with the provisions of this section.
98.14(3)
(3) The department shall prescribe specifications with which the glassware described in this section shall comply. The unit of graduation for all Babcock glassware shall be the true cubic centimeter or the weight of one gram of distilled water at 4 degrees centigrade.
98.14(4)
(4) Sealers of weights and measures are not required to seal Babcock milk, cream or butter test bottles or milk pipettes marked as in this section provided, but they shall from time to time make tests of individual bottles used by the various firms in the territory over which they have jurisdiction in order to ascertain whether the above provisions are being complied with and they shall report immediately to the department violations found.
98.14 History
History: 1993 a. 492;
1997 a. 253.
98.145
98.145
Licensing of milk and cream testers. 98.145(1)
(1) To secure fair and accurate tests to producers and manufacturers for the determination of the basis of payment or for settlement for such milk or cream, or for the purpose of official inspection, or for the making of records of dairy production, persons making such milk fat tests shall be licensed by the department as herein provided.
98.145(2)
(2) No person may engage as a tester of milk or cream to determine its value for payment or for the purpose of official inspection or for records of dairy production for the purposes described above unless the person holds a license issued by the department; but no such license is required of a licensed cheesemaker or buttermaker. The license shall expire biennially on October 31 of the 2nd year commencing after the date of issuance or renewal. Each application for milk tester license or renewal thereof shall be accompanied by a fee of $50. Each application shall be made upon forms provided by the department. If the department conducts a reinspection of any milk or cream tested by a person licensed under this subsection due to any violation of any federal or state law which the department determines in a regularly scheduled inspection of milk or cream tested by that person, the department shall charge that person $25 for that reinspection.
98.145(3)
(3) To qualify for a milk and cream tester's license the applicant shall not have an arrest or conviction record, subject to
ss. 111.321,
111.322 and
111.335, shall furnish 2 references who have known the applicant for at least one year and shall give proof of ability to perform the necessary duties to the satisfaction of the department by satisfactorily passing a written examination pertaining to milk and cream sampling and care of samples and use of the Babcock test or other test method approved by the department; and by actual demonstration in the laboratory of his or her ability to determine accurately the milk fat content of milk and cream including special emphasis on the handling and testing of composite samples of milk and cream.
98.145(4)
(4) Unless provision is made for the testing of milk or cream by a duly licensed tester as provided herein, no dairy plant shall receive any milk or cream unless at least one employee is a milk and cream tester licensee who shall be responsible for the care of samples and the testing of milk and cream and who shall be regularly assigned to the duty of making such tests.
98.145(5)
(5) This section shall not be construed to require the licensing of city or village sanitary or dairy inspectors.
98.146
98.146
Licensing milk weighers and samplers. 98.146(1)
(1) All persons except licensed cheesemakers and buttermakers taking weights and samples of milk in bulk tanks or measuring milk in bulk tanks to determine weight, on the farm premises where such milk is produced, shall be licensed by the department under this section, and no person who is not so licensed shall engage in such activities.
98.146(2)
(2) Each application for a license under this section or license renewal shall be made on forms provided by the department and shall be accompanied by the license fee required under
sub. (4). The license shall expire biennially on September 30 of the 2nd year commencing after the date of issuance or renewal. The applicant shall not have an arrest or conviction record, subject to
ss. 111.321,
111.322 and
111.335, and shall give proof of ability to engage in such weighing and sampling to the satisfaction of the department by satisfactorily passing a written examination pertaining to such activities. If the department conducts a reinspection of any measurement by a person licensed under this subsection due to any violation of any federal or state law which the department determines in a regularly scheduled inspection of that measurement, the department shall charge the holder of that license the reinspection fee required under
sub. (4) for that reinspection.
98.146(3)
(3) No dairy plant shall receive any milk required to be weighed and sampled by a licensee under this section unless it has been so weighed and sampled.
98.146(4)
(4) The department may establish by rule the amount of license or reinspection fees required under
sub. (2). Unless otherwise established by department rule, a license fee under
sub. (2) is $40 and a reinspection fee under
sub. (2) is $40.
98.15
98.15
False testing. 98.15(1)(1) No person shall manipulate, underread or overread or make any false determination by the Babcock test or any other test used for determining the value of milk or cream. No person shall make any false record or report of the results of any such test.
98.15(2)
(2) A district attorney to whom any violation of this section is reported shall cause appropriate actions or proceedings to be instituted for the collection of a forfeiture or fine or for the enforcement of other remedies. In any enforcement action the court may, in addition to any other penalty provided, order restitution to any party injured by violation of this section. If the violator is convicted of a crime, restitution shall be in accordance with
s. 973.20.
98.15 History
History: 1979 c. 264;
1987 a. 398.
98.16
98.16
Licensing of vehicle scale operators. 98.16(1)
(1)
Definitions. In this section:
98.16(1)(b)
(b) "Vehicle scale" means a commercial scale that is designed to weigh loaded or unloaded highway, farm or industrial vehicles, except that it does not include a scale that is operated exclusively by this state.
98.16(2)(a)1.1. Except as provided in
subd. 2., a person may not operate a vehicle scale without a license from the department. A separate license is required for each scale. A license is not transferable between persons or scales. A license expires on March 31 annually. The department shall provide a license application form for persons applying for a license. The form may require information reasonably required by the department for licensing purposes. A license application shall be accompanied by applicable fees under
pars. (b) and
(c).
98.16(2)(a)2.
2. Subdivision 1. does not apply to a person who operates a vehicle scale only as an employee of a person who is required to hold a license to operate the scale under this paragraph.
98.16(2)(b)
(b) The fee for a license under
par. (a) is $60, except that the department may establish a different fee by rule.
98.16(2)(c)
(c) An applicant for a license under
par. (a) shall pay a license fee surcharge of $200 in addition to the license fee if the department determines that within one year prior to submitting the license application the applicant operated a vehicle scale without a license as required by
par. (a). Payment of the license fee surcharge does not relieve the applicant of any other civil or criminal liability for the operation of a vehicle scale without a license but shall not constitute evidence of violation of a law.
98.16(2)(d)
(d) The department shall not issue or renew a license under
par. (a) unless the applicant pays all fees required under
pars. (b) and
(c) as set forth in a statement issued by the department. The department shall refund a fee paid under protest if the department determines that the fee was not required to be paid under this section.
98.16(3)
(3) Rules. The department may promulgate rules to establish license fees under
sub. (2) (b) and to regulate the operation of vehicle scales. The rules may include all of the following:
98.16(3)(a)
(a) Standards for the construction and maintenance of vehicle scales.
98.16(3)(b)
(b) Requirements for testing and certification of vehicle scales.
98.16(3)(c)
(c) Requirements for record keeping and reporting related to the testing and certification of vehicle scales.
98.18
98.18
Installing and servicing weights and measures. 98.18(1)(a)(a) Except as provided in
par. (bm), no person may engage in the business of installing, servicing, testing or calibrating weights and measures without a license from the department. A license expires on December 31 annually.
98.18(1)(bm)1.
1. A person who installs, services, tests or calibrates weights and measures only as an employee of a person who is required under
par. (a) to hold a license to perform those services.
98.18(1)(bm)2.
2. An inspector or metrologist employed by this state, a county or a municipality to test or calibrate weights and measures.
98.18(1d)
(1d) License application. An applicant for a license issued under
sub. (1) (a) shall apply on a form provided by the department. The applicant shall provide on the form information that is reasonably required by the department for issuing licenses under this section. The license application shall be accompanied by the applicable fees under
subs. (1h) and
(1p).
98.18(1h)
(1h) License fees. Unless the department establishes different fees by rule, the following annual license fees shall apply:
98.18(1h)(a)
(a) If the applicant solely engages in installing, servicing, testing or calibrating weights and measures that the applicant owns, the applicant for a license under
sub. (1) (a) shall pay a license fee in the amount of $100.
98.18(1h)(b)
(b) If the applicant installs, services, tests or calibrates weights or measures for others, the applicant for a license under
sub. (1) (a) shall pay all of the following:
98.18(1h)(b)2.
2. A supplementary license fee of $50 for each additional business location if the applicant operates from more than one business location.
98.18(1p)
(1p) Surcharge for operating without a license. An applicant for a license under
sub. (1) (a) shall pay a license fee surcharge of $200 in addition to the license fee if the department determines that within one year before making the application the applicant violated
sub. (1) (a). Payment of this surcharge does not relieve the applicant of any other civil or criminal liability that the applicant may incur because of the violation of
sub. (1) (a), but does not constitute evidence of violation of a law.
98.18(1t)
(1t) License contingent on fee payment. The department may not issue or renew a license under
sub. (1) (a) unless the applicant pays all fees required under
subs. (1h) and
(1p) as set forth in a statement issued by the department. The department shall refund a fee paid under protest if the department determines that the fee was not required to be paid under this section.
98.18(2)
(2) Rules. The department may promulgate rules to establish license fees under
sub. (1h) and to regulate the installation, servicing, testing and certification of weights and measures. The rules may include record-keeping and reporting requirements.
98.18(3)
(3) Prohibited practices. A person who installs, services, tests or calibrates weights and measures may not do any of the following:
98.18(3)(a)
(a) Install or adjust a weight or measure to make the weight or measure incorrect or to cause the weight or measure to violate this chapter or rules promulgated under this chapter.
98.18(3)(b)
(b) Misrepresent that a weight or measure is correct.
98.18(3)(c)
(c) Use any test weight or measure that has not been inspected, tested and approved by the department or by a laboratory certified by the national institute of standards and technology.
98.18 History
History: 1993 a. 16;
1997 a. 27.
98.21
98.21
Sale of bread. 98.21(1)(1) Except as provided in
sub. (2), no person may manufacture for sale in this state, offer to sell or sell bread unless the bread is sold by weight.
98.21(2)
(2) Subsection (1) does not apply to stale bread if the bread is conspicuously marked "stale bread" or is placed in a container conspicuously marked "stale bread" and sold as and for stale bread.
98.22
98.22
Bulk deliveries sold in terms of weight and delivered by vehicle. 98.22(1)(1) When a commodity in bulk is delivered by vehicle to an individual purchaser and the commodity is sold in terms of weight units, the delivery shall be accompanied by a duplicate delivery ticket with the following information clearly stated in ink or by means of other indelible marking equipment:
98.22(1)(c)
(c) The net weight of the delivery expressed in pounds.
98.22(1)(d)
(d) The gross and tare weights of the delivery if the net weight of the delivery is derived from determination of gross and tare weights.
98.22(2)
(2) Where milk is picked up at farms, only the identity of the vendor and the net weight need be stated.
98.22(3)
(3) One of the duplicate delivery tickets required under
sub. (1) shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of delivery of the commodity, or shall be surrendered, on demand to the inspector or sealer, who may retain it as evidence and issue a weight slip in lieu thereof for delivery to the purchaser. If the purchaser carries away the purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of commodity delivered to the purchaser. If the commodity is to be weighed by the purchaser, the purchaser shall furnish the vendor the duplicate delivery ticket provided for in this section.
98.22 History
History: 1993 a. 492;
1995 a. 225.
98.225
98.225
Deliveries of certain liquid fuels. 98.225(1)
(1) In this section, "liquid fuel" means gasoline, kerosene, fuel oil, diesel fuel or alternate fuels, as defined in
s. 78.39 (1).
98.225(2)
(2) No person may sell liquid fuel by liquid measure and deliver it by a vehicle equipped with a pump and metering device unless the pump and metering device is equipped with a delivery ticket printer. Except as provided in
sub. (3), the seller shall, at the time of delivery, either provide a copy of the delivery ticket printed by the delivery ticket printer to the purchaser or leave a copy at the place of delivery. The delivery ticket shall contain all of the following information:
