Chapter 995

995.15(2)(a) (a) The manufacturer has received a marketing authorization or similar order for the electronic vaping device from the U.S. food and drug administration pursuant to 21 USC 387j.

995.15(2)(b) (b) The electronic vaping device was marketed in the United States as of August 8, 2016, the manufacturer submitted a pre-market tobacco product application for the electronic vaping device to the U.S. food and drug administration pursuant to 21 USC 387j on or before September 9, 2020, and either the application remains under review by the U.S. food and drug administration or a final decision on the application has not otherwise taken effect.

995.15(2)(c) (c) The electronic vaping device contains hemp, as defined in s. 94.55 (1), and does not contain nicotine.

995.15(2m) (2m) The requirements of sub. (2) first apply to a manufacturer of an electronic vaping device that meets the description provided under sub. (2) (c) on July 1, 2026.

995.15(3) (3) At the time a manufacturer of electronic vaping devices submits the form under sub. (2), a manufacturer of electronic vaping devices shall submit, in the manner prescribed by the department, a form that separately lists each of the manufacturer’s electronic vaping devices that are available for sale in this state. The manufacturer shall submit with the form, and in each year thereafter, a payment equal to the number of devices listed on the form, multiplied by $500.

995.15(4) (4) The submissions to the department under subs. (2) and (3) shall include a copy of the marketing authorization or similar order for the electronic vaping device issued by the U.S. food and drug administration pursuant to 21 USC 387j, as provided under sub. (2) (a), evidence that the pre-market tobacco product application for the electronic vaping device was submitted to the U.S. food and drug administration, as provided under sub. (2) (b), and a final decision on the application has not otherwise taken effect, or a certificate of analysis from an independent laboratory showing that the electronic vaping device meets the description provided under sub. (2) (c).

995.15(5) (5) A manufacturer that is required to submit a certification form under this section shall notify the department within 30 days of any material change to the information contained in the certification form, including the issuance or denial of a marketing authorization or similar order by the U.S. food and drug administration pursuant to 21 USC 387j, as provided under sub. (2) (a), or any other order or action by the U.S. food and drug administration that affects the ability of the electronic vaping device to be introduced or delivered into interstate commerce for commercial distribution in the United States.

995.15(6) (6) Beginning September 1, 2025, the department shall maintain and make publicly available on its website a directory that lists all electronic vaping device manufacturers and electronic vaping devices for which certification forms have been submitted and shall update the directory at least monthly to ensure accuracy.

995.15(7) (7) 

995.15(7)(a) (a) The department shall provide manufacturers notice and an opportunity to cure deficiencies in the directory maintained under sub. (6) before removing manufacturers or electronic vaping devices from the directory. The department may remove a manufacturer or the manufacturer’s devices from the directory no sooner than 15 business days after the date on which the department sends the manufacturer notice under this paragraph. The department shall send the notice under this paragraph by email or facsimile to the email address or facsimile number provided by the manufacturer in the manufacturer’s most recent certification submitted under this section.

995.15(7)(b) (b) A manufacturer that receives notice under par. (a) has no more than 15 business days to respond to the notice and provide sufficient information, as determined by the department, in order for the manufacturer or the manufacturer’s electronic vaping devices to remain in the directory maintained under sub. (6).

995.15(7)(c) (c) A determination by the department to not include or to remove from the directory maintained under sub. (6) a manufacturer or an electronic vaping device shall be subject to review by the filing of a civil action for prospective declaratory or injunctive relief.

995.15(8) (8) If an electronic vaping device is removed from the directory maintained under sub. (6), each retailer, distributor, and wholesaler that has such a device in its inventory shall remove the device from its inventory no later than 21 days after the date on which the device is removed from the directory and return the device to the manufacturer for disposal. After 21 days following removal from the directory, the electronic vaping devices of a manufacturer identified in the notice under sub. (7) (a) are subject to seizure, forfeiture, and destruction, and may not be purchased or sold in this state. The cost of such seizure, forfeiture, and destruction shall be borne by the person from whom the electronic vaping devices are confiscated.

995.15(9) (9) 

995.15(9)(a) (a) Subject to par. (d), beginning September 1, 2025, or on the date that the department first makes the directory maintained under sub. (6) available for public inspection on its website, whichever is later, the department shall impose on each retailer who sells or offers for sale an electronic vaping device in this state that is not included in the directory a forfeiture of $1,000 per day for each electronic vaping device offered for sale in violation of this section until each such device is no longer offered for sale in this state or until each such device is properly listed on the directory pursuant to this section.

995.15(9)(b) (b) Subject to par. (d), beginning September 1, 2025, or on the date that the department first makes the directory maintained under sub. (6) available for public inspection on its website, whichever is later, the department shall impose on each manufacturer of an electronic vaping device that is sold in this state, but not included in the directory a forfeiture of $1,000 per day for each electronic vaping device offered for sale in violation of this section until each such device is no longer offered for sale in this state or until each such device is properly listed on the directory pursuant to this section.

995.15(9)(c) (c) Any retailer, distributor, wholesaler, or manufacturer who violates this section engages in an unfair and deceptive trade practice in violation of s. 100.20.

995.15(9)(d) (d) The department may not impose a forfeiture under par. (a) or (b) for the sale or offering for sale of an electronic vaping device that meets the description provided under sub. (2) (c) before September 1, 2026.

995.15(10) (10) Section 139.82, as it applies to records and inspections under subch. III of ch. 139, applies to records and inspections under this section.

995.15(11) (11) 

995.15(11)(a) (a) Any electronic vaping device sold, offered for sale, or possessed for sale, in this state, in violation of this section shall be deemed contraband and such devices shall be subject to seizure in the manner provided under s. 139.40 for the seizure of cigarettes. All electronic vaping devices that are seized as provided under this paragraph shall be destroyed and not resold.

995.15(11)(b) (b) The duly authorized employees of the department have all necessary police powers to prevent violations of this section.

995.15(12) (12) 

995.15(12)(a) (a) Upon request by the secretary of revenue, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this section.

995.15(12)(b) (b) The state shall be entitled to recover the costs of investigation, expert witness fees, court costs, and reasonable attorney fees for any action brought by the state to enforce this section.

995.15(13) (13) Section 995.12 (3), as it applies to an agent for service of process under s. 995.12, applies to an agent for service of process under this section.

995.15(14) (14) The department may promulgate rules to administer this section.

995.15(15) (15) No later than July 1, 2026, and annually thereafter, the department shall provide a report to the legislature, as provided under s. 13.172 (2), regarding the status of the directory maintained under sub. (6), manufacturers and electronic vaping devices included in the directory, revenue and expenditures related to administration of this section, and enforcement activities undertaken pursuant to this section.

995.15 History History: 2023 a. 73, 146; 2025 a. 15, 129.

995.20 995.20 Legal holidays. January 1, the 3rd Monday in January (which shall be the day of celebration for January 15), the 3rd Monday in February (which shall be the day of celebration for February 12 and 22), the last Monday in May (which shall be the day of celebration for May 30), June 19, which shall be the day of observation for Juneteenth Day, July 4, the 1st Monday in September which shall be known as Labor day, the 2nd Monday in October, November 11, the 4th Thursday in November (which shall be the day of celebration for Thanksgiving), December 25, the day of holding the partisan primary election, and the day of holding the general election in November are legal holidays. On Good Friday the period from 11 a.m. to 3 p.m. shall uniformly be observed for the purpose of worship. In every 1st class city the day of holding any municipal election is a legal holiday, and in every such city the afternoon of each day upon which a primary election is held for the nomination of candidates for city offices is a half holiday and in counties having a population of 750,000 or more the county board may by ordinance provide that all county employees shall have a half holiday on the day of such primary election and a holiday on the day of such municipal election, and that employees whose duties require that they work on such days be given equivalent time off on other days. Whenever any legal holiday falls on Sunday, the succeeding Monday shall be the legal holiday.

995.20 History History: 1971 c. 226; 1973 c. 140, 333; 1977 c. 187 s. 96; Stats. 1977 s. 757.17; 1983 a. 7; 1983 a. 192 s. 257; Stats. 1983 s. 895.20; 2005 a. 155 s. 33; Stats. 2005 s. 995.20; 2009 a. 91; 2011 a. 75; 2015 a. 198; 2017 a. 207 s. 5.

995.22 995.22 Wisconsin family month, week and Sunday. The month of November, in which the celebration of Thanksgiving occurs, is designated as Wisconsin Family Month, the first 7 days of that month are designated as Wisconsin Family Week and the first Sunday of that month is designated as Family Sunday. In conjunction therewith, appropriate observances, ceremonies, exercises and activities may be held under state auspices to focus attention on the principles of family responsibility to spouses, children and parents, as well as on the importance of the stability of marriage and the home for our future well-being; and the chief officials of local governments and the people of the state are invited either to join and participate therein or to conduct like observances in their respective localities.

995.22 History History: 1973 c. 333; 1977 c. 187 s. 96; Stats. 1977 s. 757.171; 1983 a. 192 s. 258; Stats. 1983 s. 895.22; 1987 a. 27; 2005 a. 155 s. 34; Stats. 2005 s. 995.22.

995.225 995.225 Fire Prevention Week.

995.225(1) (1) The week in October during which October 9 falls is designated Fire Prevention Week and the Saturday at the end of Fire Prevention Week is designated Wisconsin Firefighters Memorial Day. In conjunction with the week, appropriate observances, ceremonies, exercises, and activities may be held under state auspices to do all of the following:

995.225(1)(a) (a) Commemorate 2 of the most devastating fires in U.S. history, both of which started on October 8, 1871, the Peshtigo fire and the Chicago fire.

995.225(1)(b) (b) Study fire safety tips to help avoid home fires.

995.225(1)(c) (c) Recognize that well-trained, dedicated, and well-equipped fire departments are important to all of the residents of this state.

995.225(1)(d) (d) Recognize that thousands of state firefighters, both full-time and volunteer, dedicate themselves to protecting lives and property.

995.225(1)(e) (e) Express the gratitude of the residents of this state for the valuable contributions that firefighters have made to the other residents of this state.

995.225(1)(f) (f) Honor those contributions and memorialize the firefighters of this state who have died while performing their duties.

995.225(2) (2) The chief officials of local governments and the people of the state are invited either to join and participate in the observances, ceremonies, exercises, and activities under sub. (1) that may be held under state auspices or to conduct similar observances in their respective localities.

995.225 History History: 2003 a. 56, 320; 2005 a. 155 s. 35; Stats. 2005 s. 995.225; 2011 a. 185.

995.23 995.23 Indian Rights Day. July 4 is designated as “Indian Rights Day,” and in conjunction with the celebration of Independence Day, appropriate exercises or celebrations may be held in commemoration of the granting by congress of home rule and a bill of rights to the American Indians. When July 4 falls on Sunday, exercises or celebrations of Indian Rights Day may be held on either the third or the fifth.

995.23 History History: 1977 c. 187 s. 96; Stats. 1977 s. 757.175; 1983 a. 192 s. 259; Stats. 1983 s. 895.23; 2005 a. 155 s. 36; Stats. 2005 s. 995.23.

995.24 995.24 William D. Hoard Day. October 10 is designated as William D. Hoard Day. Appropriate exercises and celebrations may be held on that day, William D. Hoard’s birthday, to honor him and remember him as the 16th governor of Wisconsin and the leading promoter of the dairy industry through his weekly magazine, Hoard’s Dairyman.

995.24 History History: 2009 a. 327; 2011 a. 260 s. 81.

995.30 995.30 Ronald W. Reagan Day. February 6 is designated as Ronald W. Reagan Day. Appropriate exercises and celebrations may be held on that day, his birthday, to honor him and remember him as the 40th President of the United States and a promoter of freedom and democracy throughout the world.

995.30 History History: 2011 a. 32.

995.40 995.40 Eligibility of certain individuals who are not U.S. citizens for occupational authorization.

995.40(1) (1) In this section:

995.40(1)(a) (a) “Affiliated credentialing board” has the meaning given in s. 15.01 (1g).

995.40(1)(b) (b) “Department” has the meaning given in s. 15.01 (5). “Department” includes the state superintendent of public instruction.

995.40(1)(c) (c) “Division” has the meaning given in s. 15.01 (6).

995.40(1)(d) (d) “Examining board” has the meaning given in s. 15.01 (7).

995.40(1)(e) (e) “Independent agency” has the meaning given in s. 15.01 (9). “Independent agency” includes the commissioner of insurance.

995.40(1)(f) (f) “Issuing authority” means the department, division, independent agency, examining board, section of an examining board, or affiliated credentialing board that issues an occupational authorization.

995.40(1)(g) (g) “Occupational authorization” means any credential, license, certificate, permit, registration, or approval that is issued to an individual by any department, division, independent agency, examining board, section of an examining board, or affiliated credentialing board.

995.40(2) (2) Pursuant to 8 USC 1621 (d), an individual who is not a U.S. citizen is eligible to receive any occupational authorization despite the individual’s citizenship status if all of the following apply:

995.40(2)(a) (a) The individual has been granted deferred action under the deferred action for childhood arrivals program of the federal department of homeland security.

995.40(2)(b) (b) The individual’s deferred action under the deferred action for childhood arrivals program of the federal department of homeland security is not expired.

995.40(2)(c) (c) The individual possesses an unexpired employment authorization document issued by the federal department of homeland security.

995.40(3) (3) Nothing in this section affects any requirement or qualification for an applicant to obtain an occupational authorization that is not related to the citizenship status of the applicant.

995.40(4) (4) For each individual who applies for an occupational authorization and to whom this section applies, the issuing authority shall verify the individual’s employment authorization document issued by the federal department of homeland security through the systematic alien verification for entitlements program operated by the federal department of homeland security or an equivalent program designated by the federal department of homeland security prior to issuing an occupational authorization.

995.40(5) (5) If an individual's employment authorization is withdrawn, the individual shall cease practice under the individual's occupational authorization and immediately notify the issuing authority.

995.40(6) (6) Any occupational authorization issued to an individual to whom this section applies shall be valid only for the period of time during which the individual’s employment authorization document issued by the federal department of homeland security is valid. If an individual's employment authorization expires prior to the renewal date specified for the occupational authorization that the individual is applying for under state law, the issuing authority shall provide a credential expiration date corresponding to the date that the individual's employment authorization expires. An individual may renew a credential that expires due to the expiration of the individual's employment authorization by renewing the individual's employment authorization, notifying the issuing authority that his or her employment authorization was renewed, and satisfying any other requirements for renewal of the individual's occupational authorization.

995.40(7) (7) An issuing authority may adjust the fees associated with an occupational authorization to correspond to the increased cost of collecting numeric identifiers for verification that are required under federal law. An issuing authority may only adjust fees under this subsection to recoup the exact cost of collecting numeric identifiers for verification that are required under federal law.

995.40(8) (8) Nothing in this section may be construed to grant eligibility to an individual for any public benefits other than receiving an occupational authorization.

995.40(9) (9) This section applies only to an individual who was granted deferred action for the first time under the deferred action for childhood arrivals program that was established by the federal department of homeland security on June 15, 2012, and does not apply to any individual who is granted deferred action for the first time under that program after April 11, 2026.

995.40 History History: 2025 a. 240.

995.50 995.50 Right of privacy.

995.50(1) (1) The right of privacy is recognized in this state. One whose privacy is unreasonably invaded is entitled to the following relief:

995.50(1)(a) (a) Equitable relief to prevent and restrain such invasion, excluding prior restraint against constitutionally protected communication privately and through the public media;

995.50(1)(b) (b) Compensatory damages based either on plaintiff’s loss or defendant’s unjust enrichment; and

995.50(1)(c) (c) A reasonable amount for attorney fees.

995.50(2) (2) 

995.50(2)(am) (am) In this section, “invasion of privacy” means any of the following:

995.50(2)(am)1. 1. Intrusion upon the privacy of another of a nature highly offensive to a reasonable person, except as provided under par. (bm), in a place that a reasonable person would consider private, or in a manner that is actionable for trespass.

995.50(2)(am)2. 2. The use, for advertising purposes or for purposes of trade, of the name, portrait or picture of any living person, without having first obtained the written consent of the person or, if the person is a minor, of his or her parent or guardian.

995.50(2)(am)3. 3. Publicity given to a matter concerning the private life of another, of a kind highly offensive to a reasonable person, if the defendant has acted either unreasonably or recklessly as to whether there was a legitimate public interest in the matter involved, or with actual knowledge that none existed. It is not an invasion of privacy to communicate any information available to the public as a matter of public record.

995.50(2)(am)4. 4. Conduct that is prohibited under s. 942.09 or 942.095, regardless of whether there has been a criminal action related to the conduct, and regardless of the outcome of the criminal action, if there has been a criminal action related to the conduct.

995.50(2)(bm) (bm) “Invasion of privacy” does not include the use of a surveillance device under s. 995.60.

995.50(3) (3) The right of privacy recognized in this section shall be interpreted in accordance with the developing common law of privacy, including defenses of absolute and qualified privilege, with due regard for maintaining freedom of communication, privately and through the public media.

995.50(4) (4) Compensatory damages are not limited to damages for pecuniary loss, but shall not be presumed in the absence of proof.

995.50(6) (6) 

995.50(6)(a) (a) If judgment is entered in favor of the defendant in an action for invasion of privacy, the court shall determine if the action was frivolous. If the court determines that the action was frivolous, it shall award the defendant reasonable fees and costs relating to the defense of the action.

995.50(6)(b) (b) In order to find an action for invasion of privacy to be frivolous under par. (a), the court must find either of the following:

995.50(6)(b)1. 1. The action was commenced in bad faith or for harassment purposes.

995.50(6)(b)2. 2. The action was devoid of arguable basis in law or equity.