100.30 Annotation“Competitor” in the phrase “existing price of a competitor” in sub. (2) (cj) is not limited to competitors located in Wisconsin. Go America L.L.C. v. Kwik Trip, Inc., 2006 WI App 94, 292 Wis. 2d 795, 715 N.W.2d 746, 05-1512.
100.30 AnnotationSub. (2) (Lm) [now sub. (2) (k)] qualifies the term “trade discount” in determining “cost to retailer” under sub. (2) (a) for sales of fermented malt beverages and intoxicating liquors. Sub. (2) (Lm) [now sub. (2) (k)] is not a catchall prohibition against all trade discounts and does not apply to bona fide quantity discounts. 63 Atty. Gen. 516.
100.30 AnnotationThis section does not violate federal antitrust laws or constitutional due process. 77 Atty. Gen. 163.
100.30 AnnotationThis section was not unconstitutional as applied to a cigarette wholesaler licensed under s. 139.30 (3). Eby -Brown Co. v. DATCP, 295 F.3d 749 (2002).
100.30 AnnotationThe minimum markup provisions are not preempted by the federal Sherman Antitrust Act and are enforceable. Flying J, Inc. v. Van Hollen, 621 F.3d 658 (2010).
100.30 AnnotationWisconsin’s Unfair Sales Act—Unfair to Whom? Waxman. 66 MLR 293 (1983).
100.305100.305Prohibited selling practices during periods of abnormal economic disruption.
100.305(1)(1)Definitions. In this section:
100.305(1)(a)(a) “Consumer goods or services” means goods or services that are used primarily for personal, family, or household purposes.
100.305(1)(b)(b) “Emergency” includes any of the following:
100.305(1)(b)1.1. A tornado, flood, fire, storm, or other destructive act of nature.
100.305(1)(b)2.2. A disruption of energy supplies to the degree that a serious risk is posed to the economic well-being, health, or welfare of the public.
100.305(1)(b)3.3. Hostile action.
100.305(1)(b)4.4. A strike or civil disorder.
100.305(1)(c)(c) “Hostile action” means an act of violence against a person or property in the United States by a foreign power or by a foreign or domestic terrorist.
100.305(1)(d)(d) “Period of abnormal economic disruption” means a period of time during which normal business transactions in the state or a part of the state are disrupted, or are threatened to be disrupted, due to an emergency.
100.305(1)(e)(e) “Seller” means a manufacturer, producer, supplier, wholesaler, distributor, or retailer.
100.305(2)(2)Prohibition. No seller may sell, or offer to sell, in this state at wholesale or at retail, consumer goods or services at unreasonably excessive prices if the governor, by executive order, has certified that the state or a part of the state is in a period of abnormal economic disruption.
100.305(3)(3)Rules. The department shall promulgate rules to establish formulas or other standards to be used in determining whether a wholesale or retail price is unreasonably excessive.
100.305(4m)(4m)Enforcement; penalty. If a seller violates sub. (2), the department or, after consulting with the department, the department of justice, may do any of the following:
100.305(4m)(a)(a) Issue to the seller a warning notice specifying the action that the seller is required to take in order not to be in violation of sub. (2).
100.305(4m)(b)(b) Commence an action against the seller in the name of the state to recover a civil forfeiture of not more $10,000 or to temporarily or permanently restrain or enjoin the seller from violating sub. (2), or both.
100.305 HistoryHistory: 2005 a. 450.
100.305 Cross-referenceCross-reference: See also ch. ATCP 106, Wis. adm. code.
100.307100.307Returns during emergency; prohibition.
100.307(1)(1)Definitions. In this section:
100.307(1)(a)(a) “Food product” has the meaning given in s. 93.01 (6).
100.307(1)(b)(b) “Personal care product” has the meaning given in s. 299.50 (1) (b).
100.307(2)(2)Certain returns prohibited during emergency. Except as provided in sub. (3), no person who sells food products, personal care products, cleaning products, or paper products at retail may accept a return of a food product, personal care product, cleaning product, or paper product during the public health emergency declared on March 12, 2020, by executive order 72, or during the 30 days immediately after the public health emergency ends.