Section 90.08. Special packages and commodities; labeling requirements.

 

(1)   General. This section establishes specific labeling requirements for certain packages and consumer commodities. These requirements apply in addition to, or in lieu of, other labeling requirements under this chapter. Packages and commodities under this section shall comply with all applicable labeling requirements under this chapter, unless this section specifically exempts them from those requirements.

(2)   Multi-unit packages. No person may sell or distribute a consumer commodity in package form in a multi-unit package unless both of the following apply:

(a) Each of the component packages in the multi-unit package is labeled in compliance with ss. ATCP 90.02 to 90.04 .

(b) The multi-unit package bears a declaration of net quantity that includes all of the following:

1. The number of component packages contained in the multi- unit package.

2. The net quantity of the consumer commodity contained in each component package, declared in compliance with s. ATCP 90.04 .

3. The total net contents of the multi-unit package. The total net contents shall be declared in compliance with s. ATCP 90.04 .

(3)   Combination packages. If dissimilar consumer commodities are sold together in a single package, the package shall bear a separate declaration of net quantity for each different commodity, except that no declaration is required for exempt commodities under s. ATCP 90.04 (1) (b) . The net quantity declaration on a combination package need not comply with the location requirement under s. ATCP 90.07 (2) , the free area requirement under s. ATCP 90.07 (5) or the minimum height requirements under s. ATCP 90.07 (6) (a) .

(4)   Variety packages. If a package contains 2 or more units of reasonably similar commodities, the package shall bear a declaration of the combined net quantity of the commodities contained in the package, except that no declaration is required for exempt commodities under s. ATCP 90.04 (1) (b) . The net quantity declaration on a variety package need not comply with the location requirement under s. ATCP 90.07 (2) , the free area requirement under s. ATCP 90.07 (5) and the minimum height requirements under s. ATCP 90.07 (6) (a) .

(5)   Random packages. A random package need not comply with s. ATCP 90.04 (4) , or with s. ATCP 90.07 (2) , (5) or (6) , provided that the random package complies with both of the following requirements:

(a) The package bears a label which conspicuously declares the net weight of the package contents, expressed in inch-pound units under s. ATCP 90.05 (1) or metric units under s. ATCP 90.06 (1) .

(b) When it is offered or exposed for sale at retail, the package label conspicuously discloses the price per kilogram or pound, and the total price of the package contents.

(6)   Aerosol and similar pressurized packages. If a consumer commodity is contained in an aerosol or similar pressurized package, the net quantity of the consumer commodity shall be declared in terms of weight. The declared net weight shall include the net weight of any propellant that will be expelled when the commodity is released according to instructions shown on the package.

(7)   Commodities labeled according to federal or state law. Packages of meat and meat products, poultry products, tobacco products, pesticides, and alcohol beverages are exempt from the location and minimum size requirements under s. ATCP 90.07 (2) and (6) , provided that the packages are labeled in compliance with federal labeling requirements applicable to those commodities.

(8)   Packages of container-type commodities.

(a) General. If container-type consumer commodities such as bags, cups, dishes, boxes, or pans, are sold in package form, the declaration of net quantity shall comply with this subsection.

(b) Bags.

1. If bag-type consumer commodities are sold in package form, the net quantity of bags contained in each package shall be declared in terms of count. The count declaration shall be followed by a declaration showing the linear dimensions of the individual bags, as provided under subd. 2. The linear dimensions shall be expressed in metric units under subd. 3. and in inch-pound units under subd. 4. If bags are sold by capacity, the capacity of the bags shall be declared according to par. (f) .

2. If the bags in a package are gusseted, the declaration of bag dimensions under subd. 1. shall include the length, width, and depth of the individual bags. If the bags are not gusseted, the declaration shall include the length and width of the individual bags.

3. When bag dimensions are expressed in metric units, the dimensions shall be expressed in millimeters except that a dimension of one meter or more shall be expressed in meters with any remainder expressed as a decimal fraction of a meter.

4. When bag dimensions are expressed in inch-pound units, the dimensions shall be expressed in inches except that any dimension of more than 2 feet shall be expressed in feet with any remainder expressed in inches or as a common or decimal fraction of a foot.

(c) Angular or oblong containers. For square, rectangular, oblong, or similar containers, the net quantity shall be declared in terms of count, followed by the length, width, and depth of the individual containers, except that depth need not be included if less than 50 millimeters or 2 inches.

(d) Circular containers. For circular or other generally round-shaped containers, except cups, the net quantity shall be declared in terms of count, followed by diameter and depth, except that depth need not be included if less than 50 millimeters or 2 inches.

(e) Cups. The net quantity of cups or cup-like containers shall be declared in terms of count and liquid capacity per cup.

(f) Capacity. If a package of container-type consumer products includes any reference to the capacity of those containers, the capacity of the containers shall be included in the declaration of net quantity. The capacity shall be expressed in metric units of volume. The capacity shall also be expressed in inch-pound units as follows:

1. In inch-pound units of liquid measure if the containers are designed to contain liquids, semisolids, viscous materials, or mixtures of solids and liquids.

2. In inch-pound units of dry measure if the containers are designed to contain solids.

3. If the containers are used as liners for other more permanent containers, in the same inch-pound units normally used to express the capacity of the more permanent containers.

(9)   Wearing apparel. Packaged wearing apparel, including non-textile apparel and accessories such as leather goods and footwear, need not be labeled with a net quantity declaration under s. ATCP 90.04 if the package contains only one item of apparel, or if the package contains a single pair of items, such as gloves or shoes, that are normally sold in pairs.

(10)   Textiles and related products. A declaration of quantity for the following textile products need not comply with s. ATCP 90.04 (4) , 90.05 (7) , or 90.06 (6) , provided that the declaration of quantity complies with the following requirements:

(a) Bedsheets and mattress covers. The declaration of quantity for rectangular bedsheets or mattress covers shall include all of the following:

1. The length and width, in centimeters or inches, of the mattress for which the item is designed. In the case of a flat bedsheet, this declaration shall be followed by a parenthetical declaration, in centimeters or inches, of the length and width of the finished sheet.

2. The size category of the mattress for which the item is designed, if the mattress falls into the "twin," "double," "queen," "king," or "California king" size category.

(b) Pillowcases. The declaration of quantity for rectangular pillowcases shall include all of the following:

1. The length and width, in centimeters or inches, of the pillow for which the pillowcase is designed. This shall be followed by a parenthetical declaration, in centimeters or inches, of the length and width of the finished pillowcase.

2. The size category of the pillow for which the pillowcase is designed, if the pillow falls into a standard size category such as "youth," "standard," or "queen."

(c) Blankets and related items. The declaration of quantity for rectangular blankets, comforters, quilts, bedspreads, mattress pads, afghans, throws, and related items shall include both of the following:

1. The length and width of the finished item, in centimeters or inches.

2. The size category of the mattress for which the item is designed, if the item is designed for a mattress that falls into the "twin," "double," "queen," "king," or "California king" size category.

(d) Tablecloths and napkins. The declaration of quantity for rectangular tablecloths, napkins and related items shall state, in centimeters or inches, the length and width of each finished item. The declaration may also include a parenthetical statement, in centimeters or inches, of the item's length and width before hemming.

(e) Draperies and related items. The declaration of quantity for rectangular curtains, drapes, flags, furniture scarfs, and related items shall state, in centimeters or inches, the length and width of each finished item. The quantity statement may also state parenthetically, in centimeters or inches, the length of any ornamentation.

(f) Carpets and rugs. The declaration of quantity for rectangular carpets and rugs shall state the length and width of the item in meters or feet. If the declaration is stated in meters, any remainder shall be expressed in decimal fractions of the meter. If the declaration is stated in feet, any remainder shall be expressed in common or decimal fractions of the foot or in inches. The declaration of quantity may also state parenthetically, in centimeters or inches, the length of any ornamentation.

(g) Towels and related items. The declaration of quantity for rectangular dish towels, dish cloths, bath towels, face cloths, utility cloths, bath mats, and related items shall state, in centimeters or inches, the length and width of the item if the item is woven. If the item is knitted, its dimensions need not be stated.

(h) Nonrectangular and irregular items.

1. The declaration of quantity for textile products such as potholders, fixture and appliance covers, slip covers, and nonrectangular diapers shall be stated in terms of count and may include size designations and dimensions.

2. The declaration of quantity for nonrectangular textile products of the types identified under pars. (a) to (g) shall state the geometric shape of the product and the dimensions that are customarily used in describing that geometric shape. Dimensions may be stated in metric or inch-pound units corresponding to those specified under pars. (a) to (g) .

3. If textile product remnants of assorted sizes are sold by count, the declaration of quantity shall include the term"irregular dimensions" and shall specify the minimum size of the remnants.

(11)   Threads and yarns. Notwithstanding ss. ATCP 90.04 (4) , 90.05 (7) , and 90.06 (6) , the declaration of net quantity for sewing thread, handicraft thread, and yarn shall comply with the following requirements:

(a) The net quantity of nonindustrial sewing or handicraft thread shall be expressed in terms of yards.

(b) The net quantity of yarn shall be expressed in terms of inch-pound units of weight.

(12)   Packaged seed.

(a) Declaration of quantity; location on small packages. Notwithstanding s. ATCP 90.07 (2) , the declaration of net quantity on a package of seed intended for planting shall appear in the upper 30% of the principal display panel if the net weight of package contents is 7 grams (1/4 ounce) or less.

(b) Net quantity; how declared. The declaration of net quantity on a package of seed intended for planting shall comply with the following requirements:

1. The net quantity of seed shall be expressed in terms of weight, except that the net quantity of coated seed, encapsulated seed, pelletized seed, and seeds contained in preplanters and seed tapes shall be declared in terms of count.

2. Notwithstanding s. ATCP 90.04 (4) , if the net weight of the package contents is 7 grams or less, the net weight shall be expressed in metric units according to s. ATCP 90.06 (1) , but need not be expressed in inch-pound units.

3. Notwithstanding s. ATCP 90.04 (4) , if the net weight of package contents is more than 7 grams, but not more than 225 grams (8 oz.), the net weight may be expressed either in metric units under s. ATCP 90.06 (1) or inch-pound units under s. ATCP 90.05 (1) , or both.

(13)   Food and tobacco products; small items.

(a) Small confections. Individually wrapped candies or confectionery items having a net weight of less than 15 grams (1/2 oz.) per item are exempt from the package labeling requirements under this chapter, provided that the secondary package or container in which the individual wrapped items are sold or shipped complies with this chapter.

(b) Small packages of meat or meat products. Individually wrapped and labeled packages of meat or meat products which have a net weight of less than 15 grams (1/2 oz.), and which are contained in a shipping container, need not bear a declaration of net quantity if the shipping container bears a declaration of net quantity that complies with s. ATCP 90.04 .

(c) Small individual food servings. Individual serving size packages of food which contain less than 15 grams (1/2 oz.) net weight or less than 15 ml. (1/2 fl. oz.) net liquid measure of food for use in restaurants, institutions, or passenger carriers, and which are not intended for sale at retail, need not comply with s. ATCP 90.04 .

(d) Tobacco products.

1. Individually wrapped cigars, and individually wrapped cuts, plugs, or twists of tobacco, are exempt from the package labeling requirements under this chapter, provided that the secondary package or container in which the individual wrapped items are sold or shipped complies with this chapter.

2. A carton of cigarettes or small cigars, containing ten individual packages of twenty cigarettes or small cigars, is exempt from the multi-unit package requirements under sub. (2) , and from the location and minimum size requirements under s. ATCP 90.07 (2) and (6) , provided that the individual component packages are labeled in compliance with this chapter and the carton bears a declaration under s. ATCP 90.04 stating the net contents of the carton.

(14)   Milk, dairy products, butter, and margarine.

(a) Milk, fluid milk products, ice cream, and frozen desserts.

1. Notwithstanding s. ATCP 90.05 (2) (a) , if fluid milk, fluid milk products, ice cream, or frozen desserts are measured by and packaged in 1/2 pint or 1/2 gallon containers, the net contents may be stated as 1/2 pint or 1/2 gallon, respectively.

2. If fluid milk, fluid milk products, ice cream, or frozen desserts are measured by and packaged in measure containers as defined in the "Measure Container Code" of the NIST Handbook 44 , the net quantity declaration need not comply with the location requirement under s. ATCP 90.07 (2) .

3. If milk or fluid milk products are measured by and packaged in glass or plastic containers of 1/2, one pint, one quart, 1/2 gallon, or one gallon capacities, the net quantity declaration need not comply with the location requirement under s. ATCP 90.07 (2) , provided that other required label information is conspicuously displayed on the cap or outside closure and the net quantity declaration is conspicuously blown, formed, or molded into or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.

(b) Butter. Notwithstanding ss. ATCP 90.02 (2) and 90.07 (2) , if butter is packaged in 4-ounce, 8-ounce, or one-pound packages with continuous label copy wrapping, the declaration of identity and the net quantity declaration need not be parallel to the base of the package. If butter is packaged in 8-ounce or one-pound packages, the declaration of quantity need not comply with the location requirements under s. ATCP 90.07 (2) .

(c) Margarine and butter substitutes. If margarine or butter substitutes are packaged in a one-pound rectangular packages, the net quantity declaration need not comply with the location requirements under s. ATCP 90.07 (2) . This exemption does not apply to whipped or soft products, or to packages containing more than 4 sticks of margarine or butter substitute.

(15)   Fruit juice, bottled water, and soft drinks.

(a) Net quantity; how expressed. Notwithstanding s. ATCP 90.05 (2) (a) , if fruit juice, imitation fruit juice, bottled water or a soft drink is packaged in a 1/2 pint or 1/2 gallon quantity, the net contents may be stated as 1/2 pint or 1/2 gallon, respectively.

(b) Net quantity declaration; location. If fruit juice, imitation fruit juice, bottled water, or a soft drink is packaged in glass or plastic containers in quantities of 1/2 pint, one pint, one quart, 1/2 gallon, or one gallon, the net quantity declaration need not comply with the location requirement under s. ATCP 90.07 (2) , provided that other required label information is conspicuously displayed on the cap or outside closure and the net quantity declaration is conspicuously blown, formed, molded into the container, or permanently applied to the container, at or above the shoulder of the container.

(c) Declaration of product identity; soft drinks and bottled water. On a bottle of soft drink or bottled water, the declaration of product identity need not comply with the location requirement under s. ATCP 90.02 (2) , provided that the declaration appears on the bottle closure.

(d) Multi-unit packages of soft drink or bottled water. Multi-unit packages of soft drink or bottled water need not bear a declaration of product identity under s. ATCP 90.02 or a declaration of responsibility under s. ATCP 90.03 , provided that the individual soft drink containers in the multi-unit package comply with ss. ATCP 90.02 and 90.03 .

(16)   Flour and eggs.

(a) Wheat flour. If wheat flour is packaged in units of 2, 5, 10, 25, 50, or 100 pounds, the net quantity declaration need not comply with the location requirement under s. ATCP 90.07 (2) .

(b) Corn flour and corn meal. If corn flour or corn meal is packaged in units of 5, 10, 25, 50, or 100 pounds, the net quantity declaration need not comply with the location requirement under s. ATCP 90.07 (2) .

(c) Eggs. The net quantity declaration on a carton of 12 eggs need not comply with the location requirement under s. ATCP 90.07 (2) . If an egg carton is designed so that the retail purchaser can divide the carton in half, each half is exempt from the labeling requirements under this chapter, provided that the whole carton complies with this chapter.

(17)   Cosmetics in decorative containers. If cosmetics are packaged in "boudoir-type" containers, including decorative containers of the "cartridge," "pillbox," "compact," or "pencil" variety, or containers with a capacity of 7 grams (1/4 oz.) or less, labeling required under this chapter to appear on the principal display panel may appear on a tear-away tag or tape affixed to the container.

(18)   Film and recording media. The net quantity declaration on packages of film, recording tape, or other image and audio media packaged and labeled for retail sale need not be expressed according to s. ATCP 90.05 or 90.06 , provided that the net quantity declaration complies with the following applicable requirements:

(a) Unexposed or unrecorded media.

1. For unexposed still film, still tape, or other still image media, the net quantity shall be expressed in terms of the guaranteed number of available still image exposures included in the package. The net quantity declaration may also state the length and width measurements of the individual exposures, expressed in millimeters or inches.

2. For unexposed bulk or movie film, the net quantity shall be expressed in terms of the guaranteed length of film, in meters or feet, that is available for exposure.

3. For unexposed electronic recording media, the net quantity shall be expressed in terms of the guaranteed length of available recording time. The net quantity declaration shall disclose, in connection with the available recording time, the applicable recording speeds, playing speeds, and machine settings as necessary. The declaration may also state the linear measure of the recording medium.

(b) Exposed, recorded, or processed media.

1. For exposed or processed still image media, the net quantity shall be expressed in terms of the number of still images included in the package. The net quantity declaration may also state the length and width measurements of the individual exposures, expressed in millimeters or inches.

2. For exposed or processed film or recording media, other than still image media, the net quantity shall be expressed in terms of the entertainment time included in the package. Entertainment time means the time beginning with the first frame of sound or picture, whichever comes first after any countdown sequence, and ending with the last frame of credits, the last frame of the phrase "the end," or the end of sound, whichever occurs last.

(19)   Tint-based paint. The net quantity declaration on containers of tint base paint shall specify the net quantity prior to the addition of colorant at retail, except that a declared net quantity of one quart or one gallon may include colorant selected by the purchaser and added at retail if all of the following conditions are met:

(a) The system employed by the responsible manufacturer, packer, or distributor ensures that the retail purchaser always obtains a quart or a gallon after colorant is added.

(b) The net quantity declaration on the principal display panel includes a statement indicating that the tint base paint is not to be sold without the addition of colorant.

(c) The container label states, in fluid ounces, the net quantity of tint base paint included in the container prior to the addition of colorant at retail.

(20)   Motor oil in cans. If motor oil is packaged in cans, the society of automotive engineers (SAE) viscosity number need not appear on the principal display panel, provided that all of the following conditions are met:

(a) The principal display panel appears on the body of the motor oil can.

(b) The SAE viscosity number appears on the can lid and is expressed in letters and numerals in type size of at least 6 mm or 1/4 inch.

(21)   Liquefied petroleum gas in portable refillable containers. No person may sell or exchange at retail, or offer for sale or exchange at retail, liquefied petroleum gas in a portable refillable container unless all of the following apply:

(a) The tare weight of the container is clearly and conspicuously disclosed on the container, as required under s. 98.245 (2) , Stats.

(b) The net quantity of liquefied petroleum gas in the container is clearly and conspicuously disclosed on the container, or on a tag attached to the container. The format of the declaration shall comply with s. ATCP 90.04 .

(c) A declaration of responsibility is attached to the container, or conspicuously posted at the location where the liquefied petroleum gas is offered or displayed for sale or exchange. The declaration shall comply with s. ATCP 90.03 , except as provided in this paragraph.

History: Cr. Register, March, 1994, No. 459 , eff. 4-1-94; cr. (21), Register, June, 1998, No. 510 , eff. 7-1-98; CR 14-047 : am. (14) (a) 2. Register May 2015 No. 713 , eff. 6-1-15.

Note

A container or wrapping which encloses 2 or more individual packages does not constitute a "package" or "multi-unit package" if it qualifies under any of the exemptions under s. ATCP 90.01 (16) (a) to (f) . Microsoft Windows NT 6.1.7601 Service Pack 1 Sewing kits, upholstery kits, and antiquing kits are examples of combination packages under this subsection. A container or wrapping does not constitute a "package" or "combination package" if it qualifies under any of the exemptions under s. ATCP 90.01 (16) (a) to (f) . Microsoft Windows NT 6.1.7601 Service Pack 1 Examples of variety packages under this subsection include seasonal gift packages of cheese and variety packages of cereal. A container or wrapping does not constitute a "package" or "variety package" if it qualifies under any of the exemptions under s. ATCP 90.01 (16) (a) to (f) . Microsoft Windows NT 6.1.7601 Service Pack 1 See also ss. ATCP 90.05 (7) (e) and 90.06 (6) (c) . Microsoft Windows NT 6.1.7601 Service Pack 1 The "Measure Container Code" of the NIST Handbook 44 is on file with the department and the legislative reference bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 See also s. 98.245 , Stats., and ch. ATCP 92 , subch. V. Microsoft Windows NT 6.1.7601 Service Pack 1