100.37(2)(e)2.a.
a. Propyl nitrite, isopropyl nitrite and mixtures containing propyl nitrite or isopropyl nitrite.
100.37(2)(e)2.b.
b. The nitrous acid esters of all alcohols having the formula of 5 carbon atoms, 12 hydrogen atoms and one oxygen atom including 1-pentyl nitrite, 2-pentyl nitrite, 3-pentyl nitrite, 2-methyl-1-butyl nitrite, 3-methyl-1-butyl nitrite (also known as isoamyl nitrite or isopentyl nitrite), 2-methyl-2-butyl nitrite (also known as tertiary pentyl nitrite), 3-methyl-2-butyl nitrite, 2, 2-dimethylpropyl nitrite (also known as neopentyl nitrite) and mixtures containing more than 5 percent of 1-pentyl nitrite, 2-pentyl nitrite, 3-pentyl nitrite, 2-methyl-1-butyl nitrite, 3-methyl-1-butyl nitrite, 2-methyl-2-butyl nitrite, 3-methyl-2-butyl nitrite or 2, 2-dimethyl nitrite.
100.37(2)(e)3.
3. Subdivisions
1. and
2. do not apply to the sale or distribution of isoamyl nitrite (3-methyl-1-butyl nitrite) or ethyl chloride as prescription drugs obtained from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of professional practice.
100.37(2)(f)
(f) The department may by rule prescribe the methods of sale of hazardous substances, including but not limited to glues, cements and hobby kit fuels, and may regulate the manner of display and restrict access by the general public to hazardous substances.
100.37(2)(g)
(g) The department may by rule prescribe package safety standards, including type of package material and safety closures for hazardous substances and pesticides, and may prohibit the sale of noncomplying or defective packages.
100.37(2)(h)
(h) The department may by rule limit or ban the use of any ingredient or combination of ingredients in any hazardous substance if it finds such action necessary to adequately protect the public health and safety.
100.37(3)
(3) The following acts and the causing thereof are prohibited:
100.37(3)(a)
(a) The sale, or offering or exposing for sale of any misbranded package of a hazardous substance.
100.37(3)(b)
(b) The alteration, mutilation, destruction, obliteration or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance, if such act is done while the substance is held for sale, and results in the hazardous substance being in a misbranded package.
100.37(3)(c)
(c) The sale, or offering or exposing for sale of a hazardous substance in a reused food, drug or cosmetic container or in a container which, though not a reused container, is identifiable as a food, drug or cosmetic container by its labeling or by other identification. The reuse of a food, drug or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being in a misbranded package.
100.37(3)(d)
(d) The sale or offering for sale of any hazardous substance contrary to this section or to any rule or order of the department issued under this section.
100.37(3)(e)
(e) The sale or offering for sale, in violation of this section, of any article or substance which is a hazardous substance within the meaning of this section or the federal hazardous substances act (
15 USC 1261 et seq).
100.37(4)
(4) The department may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating sub.
(3); irrespective of whether or not there exists an adequate remedy at law.
100.37(5)
(5) If the department has reasonable cause to believe that any substance is in violation of this section or poses an imminent hazard to public health or safety, it may deliver to the owner or custodian thereof an order prohibiting the sale or movement of such substance until an analysis or examination has been completed. Such holding order is not effective for more than 14 days from the time of delivery thereof. The substance described in any such holding order may not be sold or moved for any purpose without the approval of the department. If the department, after analysis or examination, determines that the substance described in such order is not in violation of this section, it shall promptly notify the owner or custodian thereof and such notice shall terminate the holding order. If the analysis or examination shows that the substance is in violation of this section, the owner or custodian thereof shall be so notified in writing within the effective time of the holding order. Upon receipt of such notice the owner or custodian may dispose of the substance only as authorized by the department. The owner or custodian of the substance or article may within 10 days of receipt of such notice petition for a hearing as provided in s.
93.18.
100.37(6)
(6) Nothing in this section shall affect the application of any law of this state specifically regulating any substance regulated by this section.
100.37(7)
(7) Any manufacturer, distributor or retailer of a misbranded or banned package containing a hazardous substance shall, on demand of any person purchasing such products from it, if the package is misbranded at the time of sale or banned, repurchase such product and refund the full purchase price thereof to the purchaser making the demand for refund. If the purchaser is required to return the product to the manufacturer, distributor or retailer as a condition to the repurchase and refund, the purchaser shall be reimbursed for any reasonable and necessary charges incurred in its return.
100.37(8)
(8) Whoever violates this section may be fined not more than $5,000 or imprisoned not more than one year in the county jail or both.
100.37 Cross-reference
Cross-reference: See also ch.
ATCP 139, Wis. adm. code.
100.37 Annotation
Federal preemption — The consumer product safety act of 1976 and its effect on Wisconsin law. 1977 WLR 813.
100.38(1)(1)
Definition. “Antifreeze" includes all substances intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines in order to prevent freezing of the cooling liquid, or to lower its freezing point.
100.38(2)
(2)
Adulteration. An antifreeze is adulterated if:
100.38(2)(a)
(a) It consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustion engine; or
100.38(2)(b)
(b) It will make the operation of an engine dangerous to the user; or
100.38(2)(c)
(c) Its strength, quality or purity falls below the standards represented.
100.38(3)
(3)
Misbranding. An antifreeze shall be deemed to be misbranded if: