Section 90.04. Declaration of net quantity.

 

(1)   Declaration required.

(a) General. Except as provided under par. (b) , no person may sell or distribute any consumer commodity in package form unless each package of that commodity bears a declaration of net quantity. The declaration of net quantity shall clearly and conspicuously disclose the net quantity of the consumer commodity contained in that package, exclusive of wrappers and other material packaged with the commodity. Except where different net quantity declarations are provided for specific packages or commodities under s. ATCP 90.08 , the declaration of net quantity shall comply with this section.

(b) Exemptions. Paragraph (a) does not apply to any of the following:

1. A commodity sold by count if the package contains only one unit of that commodity, or a small combination of items that are customarily sold together as a single unit and understood by consumers as constituting a single unit.

2. A commodity sold by count if the package contains 6 or fewer units and the number of units can be easily counted by consumers without opening the package.

3. Random packages of a commodity sold at wholesale, for weighing and labeling at the point of retail sale, provided that the random packages are contained in a wholesale container that is labeled to show the combined net weight of the contents of those random packages. This exemption does not apply to a random package when sold at retail.

4. A commodity that is exempt from quantity disclosure, pursuant to an exemption under ch. ATCP 91 .

(2)   Location and prominence. A declaration of net quantity shall appear on the principal display panel of each package, and shall comply with s. ATCP 90.07 . The declaration shall be separate from other information contained on the principal display panel, and shall be printed in conspicuous, easily legible, and contrasting type.

(3)   Weight, measure, or count. In a declaration of net quantity, the net quantity of a consumer commodity shall be expressed in terms of weight, measure, or count, as provided under s. 98.06 , Stats., and ch. ATCP 91 .

(4)   Weight or measure; how expressed. If a declaration of net quantity is expressed in terms of weight or measure, the weight or measure shall be expressed in appropriate inch-pound units under s. ATCP 90.05 and in appropriate metric units under s. ATCP 90.06 .

(5)   Combination declarations; required.

(a) Weight declaration; combined with measure or count. If a declaration of net quantity is expressed in terms of weight, the weight declaration shall be combined with an appropriate declaration of measure or count, unless the weight declaration alone is fully informative.

(b) Declaration of measure; combined with weight or count. If a declaration of net quantity is expressed in terms of measure, the declaration of measure shall be combined with an appropriate declaration of weight or count, unless the declaration of measure alone is fully informative.

(c) Declaration of count; combined with weight or measure. If a declaration of net quantity is expressed in terms of count, the declaration of count shall be combined with an appropriate declaration of weight or measure, unless the declaration of count alone is fully informative.

(d) Declaration of count; size of counted units. If a declaration of net quantity includes any declaration of count, either as a primary or supplementary declaration, it shall also specify the size of the individual counted units unless the declaration of count is fully informative without a declaration of unit size.

(e) Location on package. Combination declarations required under this subsection shall be included as part of the principal declaration of net quantity on the principal display panel of the package.

(6)   Supplementary declarations; optional. Net quantity declarations required under this section may be supplemented by other declarations of weight, measure, or count, provided that the supplementary declarations are not deceptive or misleading. A supplementary declaration of net quantity may not appear on the principal display panel of a package, or in conjunction with the principal declaration of net quantity, unless the supplementary declaration is required or specifically authorized under this chapter to appear in conjunction with the principal declaration.

(7)   Abbreviations. The following quantity abbreviations, or other generally accepted abbreviations, may be used in a declaration of net quantity: - See PDF for table

History: Cr. Register, March, 1994, No. 459 , eff. 4-1-94.

Note

With certain exceptions, commodities in liquid form must be sold by liquid measure, and commodities not in liquid form must be sold by weight. Liquid commodities may be sold by weight, and nonliquid commodities may be sold by measure or count, if those forms of measurement are in general use and provide an accurate statement of quantity. Specific requirements and exceptions related to method of sale may be found under s. 98.06 , Stats., and ch. ATCP 91 . Microsoft Windows NT 6.1.7601 Service Pack 1 The above symbols need not be followed by periods or expressed as plurals. For example, "oz" is the symbol for both "ounce" and "ounces." Both upper and lower case letters are acceptable. Microsoft Windows NT 6.1.7601 Service Pack 1