100.383(4) (4) This section does not apply to the sale of a motor vehicle that contains engine coolant or antifreeze or to antifreeze sold in containers with a capacity of 55 gallons or more.

100.383(5) (5) A person who violates this section may be imprisoned in the county jail for not more than 90 days or fined not more than $1,500 or both.

100.383 History History: 2009 a. 381.

100.41 100.41 Flammable fabrics.

100.41(1) (1) Definitions. In this section:

100.41(1)(a) (a) “Article of wearing apparel” means any costume or article of clothing worn or designed to be worn by individuals.

100.41(1)(b) (b) “Clear and present hazard” means a hazard found by the department to constitute a demonstrable danger to human safety, life or property.

100.41(1)(c) (c) “Fabric” means any material woven, knitted, felted or otherwise produced from or in combination with any natural or synthetic fiber, film or substitute therefor which is manufactured or designed for use and may reasonably be expected to be used in any product or to cover any product.

100.41(1)(d) (d) “Federal act” means the federal flammable fabrics act, 15 USC 1191 et seq.

100.41(1)(e) (e) “Furnishing” means any type of furnishing made in whole or in part of fabric or related material and which is manufactured or designed for use and may reasonably be expected to be used in or around homes, offices or other places of assembly or accommodation.

100.41(1)(f) (f) “Product” means any article of wearing apparel, fabric or furnishing, including tents, awnings and knapsacks.

100.41(1)(g) (g) “Related material” means paper, plastic, rubber, synthetic film or synthetic foam which is manufactured or designed for use or which may reasonably be expected to be used in or on any product.

100.41(2) (2) Standards of flammability. The department may by rule prescribe standards of flammability that have been promulgated pursuant to the federal act.

100.41(3) (3) Prohibited acts. No person may manufacture for sale, sell or offer for sale in this state any furnishing, product, fabric or related material in violation of this section or of any standards or rules adopted by the department under this section, or which fails to conform with applicable standards under the federal act.

100.41(4) (4) Rules. In addition to standards of flammability, the department may by rule prescribe labeling requirements that have been established by rules promulgated pursuant to the federal act, and may ban the sale of any product or material if it finds that its flammability is such as to constitute a clear and present hazard to personal safety or property.

100.41(5) (5) Removal from sale. The department may summarily ban the sale or distribution of any furnishing, fabric, product or related material if it finds that the hazard of flammability is so great that such hazard should not be permitted to continue prior to the time a hearing can be held. The department shall follow the procedure specified in s. 93.18 (3).

100.41 History History: 1975 c. 117.

100.42 100.42 Product safety.

100.42(1) (1) Definitions. In this section:

100.42(1)(a) (a) “Aircraft” has the meaning given under s. 114.002 (3).

100.42(1)(b) (b) “Boat” has the meaning given under s. 30.50 (2).

100.42(1)(c) (c) “Consumer product” means any article, or component part thereof, produced or distributed for sale, or sold to consumers for personal use, consumption or enjoyment in or around the home, or for recreational or other purposes; but does not include bullets or other ammunition, or gun powder for reloading ammunition, motor vehicles or motor vehicle equipment, aircraft or aircraft equipment, boats or marine equipment, pesticides, hazardous substances, food and drugs, including animal feeds and drugs, or other products to the extent that they are regulated under other state or federal laws, or the state is specifically preempted from further regulation under federal law.

100.42(1)(d) (d) “Drug” has the meaning given under s. 450.01 (10).

100.42(1)(e) (e) “Federal act” means the federal consumer product safety act, 15 USC 2051 et seq.

100.42(1)(f) (f) “Food” has the meaning given under s. 97.01 (6).

100.42(1)(g) (g) “Labeling” means all labels and other written, printed or graphic matter on or attached to or accompanying any consumer product.

100.42(1)(h) (h) “Motor vehicle” has the meaning given under s. 340.01 (35).

100.42(1)(i) (i) “Pesticide” has the meaning given under s. 94.67 (25).

100.42(2) (2) Safety standards. The department may by rule adopt consumer product safety standards that have been promulgated pursuant to the federal act.