Methods of competition and trade practices.
Unfair trade practices in the dairy industry.
Contracts in violation void.
Vehicle protection product warranties.
Motor vehicle rustproofing warranties.
Music royalty collections; fair practices.
Unfair trade practices in telecommunications.
Video programming service subscriber rights.
Labeling of bedding.
Substantiation of energy savings or safety claims.
Discrimination in purchase of milk prohibited.
Contract to market agricultural products; interference prohibited.
Unfair trade practices in procurement of vegetable crops.
Revocation of corporate authority.
Consumer protection surcharge.
Violations against elderly or disabled persons.
List of gasohol and alternative fuel refueling facilities.
Dry cell batteries containing mercury.
Sale of cleaning agents and water conditioners containing phosphorus restricted.
Reduction of toxics in packaging.
Sale of nonrecyclable materials.
Labeling of recycled, recyclable or degradable products.
Plastic container recycled content.
Prohibited selling practices during periods of abnormal economic disruption.
Returns during emergency; prohibition.
Unfair discrimination in drug pricing.
Solicitation of a fee for providing a public record.
Solicitation of contract using check or money order.
Plastic container labeling.
Child's containers containing bisphenol A.
Furs to be labeled.
Frauds; substitute for butter; advertisement.
Hazardous substances act.
Antifreeze; bittering required.
Packaging standards; poison prevention.
Identification and notice of replacement part manufacturer.
Mobile air conditioners.
Energy consuming products.
Sales of farm equipment.
Hour meter tampering.
Products containing or made with ozone-depleting substances.
Motor fuel dealerships.
Telephone records; obtaining, selling, or receiving without consent.
Vehicle rentals; title and registration fees.
Access to credit reports.
Security freezes for protected consumers.
Furnishing or using certain consumer loan information to make solicitations.
Tax preparers; privacy of client information.
State renewable fuels goal.
Environmental, occupational health, and safety credentials.
Ch. 100 Cross-reference
See definitions in s. 93.01
Produce wholesalers, unfair conduct, liability for damages. 100.01(1)(1)
When used in this section:
“Broker" means a person engaged in negotiating sales or purchases of produce for or on behalf of the seller or the buyer.
“Commission merchant" means a person engaged in receiving produce for sale for or on behalf of another.
“Dealer" means a person who for resale buys, sells, offers or exposes for sale, or has in his or her possession with intent to sell, any produce except that raised by him or her and that purchased by him or her exclusively for his or her own sale at retail.
“Produce" means any kinds of fresh fruit or fresh vegetable, including potatoes and onions intended for planting.
“Produce wholesaler" means a commission merchant, dealer or broker.
(2) Unfair conduct.
It shall be unlawful:
For a dealer to reject or fail to deliver in accordance with the contract, without reasonable cause, produce bought or sold or contracted to be bought or sold by such dealer.
For a commission merchant, without reasonable cause, to fail to deliver produce in accordance with the contract.
For a commission merchant to fail to render a true itemized statement of the sale or other disposition of a consignment of produce with full payment promptly in accordance with the terms of the agreement between the parties, or, if no agreement, within 15 days after receipt of the produce. Such statement of sale shall clearly express the gross amount for which the produce was sold and the proper, usual or agreed selling charge, and other expenses necessarily and actually incurred or agreed to in the handling thereof.
For a commission merchant or broker to make a fraudulent charge in respect to produce.
For a commission merchant or broker to discard, dump or destroy without reasonable cause produce received by the merchant or broker.
For a produce wholesaler to make for a fraudulent purpose or for the purpose of depressing the market a false or misleading statement concerning the grade, condition, markings, quality, quantity, market quotations or disposition of any produce or of the condition of the market therefor.
For a produce wholesaler to receive produce from another state or country for sale or resale within this state and give the buyer the impression that the commodity is of Wisconsin origin.
For a produce wholesaler, for a fraudulent purpose, to remove, alter or tamper with any card, stencil, stamp, tag, certificate or other notice placed upon any container or railroad car containing produce by the original packer or by or under authority of any federal or state inspector and bearing a certificate as to the grower, grade or quality of such produce.
(3) Acceptance implied.
If any dealer fails to notify the seller of rejection within 24 hours after the dealer receives notice of arrival of the produce, the dealer will be deemed to have accepted it as being in accordance with the contract.
(4) Double damages.
A produce wholesaler who violates any provision of sub. (2)
shall be liable to any person injured thereby for twice the amount of damages sustained in consequence of such violation and such liability may be enforced by suit in any court of competent jurisdiction.
History: 1983 a. 189
; 1993 a. 492
It defies common sense to think that the legislature intended to allow parties to contract around the double damages provision in sub. (4). Nothing in this section suggests that the legislature intended the statute's applicability to rise or fall on the relative sophistication of the parties. Wisconsin Central Farms, Inc. v. Heartland Agricultural Marketing, Inc., 2006 WI App 199
, 296 Wis. 2d 779
, 724 N.W. 2d 364
Commission merchants, duties, must account. 100.02(1)(1)
No person receiving any fruits, vegetables, melons, dairy, or poultry products or any perishable farm products of any kind or character, other than cattle, sheep, hogs or horses, referred to in this section as produce, for or on behalf of another, may without good and sufficient cause therefor, destroy, or abandon, discard as refuse or dump any produce directly or indirectly, or through collusion with any person, nor may any person knowingly and with intent to defraud make any false report or statement to the person from whom any produce was received, concerning the handling, condition, quality, quantity, sale or disposition thereof, nor may any person knowingly and with intent to defraud fail truly and correctly to account and pay over to the consignor therefor.
The department shall by rule provide for the making of prompt investigations and the issuing of certificates as to the quality and condition of produce received, upon application of any person shipping, receiving or financially interested in, the produce. The rules shall designate the classes of persons qualified and authorized to make the investigations and issue the certificates, except that any investigation shall be made and any certificate shall be issued by at least 2 disinterested persons in any case where the investigation is not made by an officer or employee of the department.
A certificate made in compliance with the rules shall be prima facie evidence in all courts of the truth of the statements contained in the certificate as to the quality and condition of the produce; but if any such certificate is put in evidence by any party, in any civil or criminal proceeding, the opposite party shall be permitted to cross-examine any person signing the certificate, called as a witness at the instance of either party, as to his or her qualifications and authority and as to the truth of the statements contained in the certificate.
History: 1977 c. 29
; 1993 a. 213
Classification of dairy heifer calves.