reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.57 - Planted or cultivated rice.

97.57
Planted or cultivated rice.
(1)
In this section:
(a)
“Paddy-grown rice" means rice which is mechanically planted, mechanically harvested or cultivated with the use of chemical fertilizers or herbicides.
(b)
“Wild rice" means rice which is not mechanically harvested and which is cultivated without the use of any chemical fertilizer or herbicide.
(2)
Any wholesaler or supplier who sells or offers for sale any paddy-grown rice which is not blended with any other rice may not label that paddy-grown rice “wild rice" unless he or she includes on the label, immediately before, after or above the largest words “wild rice", the word “paddy-grown" in legible, boldface print or type which is in distinct contrast to all other printed or graphic material on the label and in a type or print size which is not less than one-half the size of the largest type or print used in the words “wild rice" with which the word “paddy-grown" appears.
(3)
No wholesaler or supplier may sell or offer for sale any rice labeled “100 percent natural wild rice" unless that rice is wild rice which is not blended with any other rice.
History:  1987 a. 375.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.59 - Handling foods.

97.59
Handling foods.
No person in charge of any public eating place or other establishment where food products to be consumed by others are handled may knowingly employ any person handling food products who has a disease in a form that is communicable by food handling. If required by the local health officer or any officer of the department for the purposes of an investigation, any person who is employed in the handling of foods or is suspected of having a disease in a form that is communicable by food handling shall submit to an examination by the officer or by a physician, physician assistant, or advanced practice nurse prescriber designated by the officer. The expense of the examination, if any, shall be paid by the person examined. Any person knowingly infected with a disease in a form that is communicable by food handling who handles food products to be consumed by others and any persons knowingly employing or permitting such a person to handle food products to be consumed by others shall be punished as provided by s. 97.72.
History:  1981 c. 291; 1993 a. 27 s. 298; Stats. 1993 s. 252.18; 2005 a. 187; 2011 a. 161; 2015 a. 55 s. 4040; Stats. 2015 s. 97.59.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.60 - Coordination; certification.

97.60
Coordination; certification.
(1)
The department shall enter into memoranda of understanding with other state agencies to establish food protection measures.
(2)
The department shall promulgate rules that establish a food sanitation manager certification program.
(3)
The department shall accept relevant education, training, instruction, or other experience that an applicant has obtained in connection with military service, as defined in s. 111.32 (12g), to count toward satisfying any education, training, instruction, or other experience requirement in the food sanitation manager certification program established under sub. (2) if the applicant demonstrates to the satisfaction of the department that the education, training, instruction, or other experience that the applicant obtained in connection with his or her military service is substantially equivalent to the education, training, instruction, or other experience that is required to obtain an initial certificate under the food sanitation manager certification program.
History:  1993 a. 27; 2011 a. 120; 2015 a. 55 s. 4078; Stats. 2015 s. 97.60.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.603 - Motels.

97.603
Motels.
Upon the written request of the hotel operator made on forms furnished by the department, the department may classify a hotel as a “motel", if the operator of the hotel furnishes on-premises parking facilities for the motor vehicles of the hotel guests as a part of the room charge, without extra cost.
History:  1983 a. 203 ss. 3, 5; 1983 a. 538 s. 67; 1993 a. 27 s. 66; Stats. 1993 s. 254.63; 2015 a. 55 s. 4079; Stats. 2015 s. 97.603.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.607 - Pre-licensing inspection.

97.607
Pre-licensing inspection.
(1)
The department or a local health department granted agent status under s. 97.615 (2) may not grant a license to a person intending to operate a new hotel, tourist rooming house, bed and breakfast establishment, or vending machine commissary or to a person intending to be the new operator of an existing hotel, tourist rooming house, bed and breakfast establishment, or vending machine commissary without a pre-licensing inspection. This section does not apply when a license is transferred under s. 97.605 (4) (d) or (e).
(2)
Agents designated by the department under s. 97.615 (1) shall make pre-licensing inspections of vending machine commissaries as required under this subsection and shall be reimbursed for those services at the rate of 80 percent of the pre-licensing inspection fee designated in this subsection. Agents designated by the department under s. 97.615 (2) shall make pre-licensing inspections of hotels and tourist rooming houses and establish and collect pre-licensing inspection fees under s. 97.615 (2) (d).
History:  1983 a. 203 ss. 10, 16, 19; 1983 a. 538; 1987 a. 27, 81; 1993 a. 27 s. 68; Stats. 1993 s. 254.65; 2005 a. 302; 2015 a. 55 s. 4081; Stats. 2015 s. 97.607.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.61 - Vending machine commissary outside the state.

97.61
Vending machine commissary outside the state.
Foods, beverages and ingredients from commissaries outside the state may be sold within the state if such commissaries conform to the provisions of the food establishment sanitation rules of this state or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the department may accept reports from the responsible authority in the jurisdiction where the commissaries are located.
History:  1975 c. 413 s. 13; Stats. 1975 s. 50.52; 1993 a. 27 s. 70; Stats. 1993 s. 254.67; 2015 a. 55 s. 4083; Stats. 2015 s. 97.61.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.613 - Fees.

97.613
Fees.
Except as provided in s. 97.615 (2) (d) and (e), the department shall promulgate rules that establish, for licenses issued under s. 97.605, license fees, pre-licensing inspection fees, reinspection fees, fees for operating without a license, late fees for untimely renewal, fees for comparable compliance or variance requests, and fees for pre-license review of restaurant plans.
History:  1973 c. 333; 1975 c. 224; 1975 c. 413 s. 13; Stats. 1975 s. 50.53; 1977 c. 222; 1979 c. 34; 1981 c. 20; 1983 a. 27, 163, 203, 538; 1985 a. 135; 1987 a. 27, 399; 1991 a. 178; 1993 a. 16 s. 1493; 1993 a. 27 s. 71; Stats. 1993 s. 254.68; 1993 a. 183; 2001 a. 16; 2015 a. 55 s. 4084; Stats. 2015 s. 97.613.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.617 - Application; lodging and vending.

97.617
Application; lodging and vending.
(1)
An applicant for a license under this subchapter shall complete the application prepared by the department or the local health department granted agent status under s. 97.615 (2) and provide, in writing, any additional information the department of agriculture, trade and consumer protection or local health department issuing the license requires.
(2)
Upon receipt of an application for a vending machine operator license, the department may cause an investigation to be made of the applicant's commissary, servicing and transport facilities, if any, and representative machines and machine locations. The operator shall maintain at his or her place of business within this state a list of all vending machines operated by him or her and their location. This information shall be kept current and shall be made available to the department upon request. The operator shall notify the department of any change in operations involving new types of vending machines or conversion of existing machines to dispense products other than those for which such machine was originally designed and constructed.
History:  1975 c. 413 s. 13; Stats. 1975 s. 50.54; 1983 a. 163, 203, 538; 1987 a. 27 s. 3200 (24) (am); 1993 a. 27 s. 73; Stats. 1993 s. 254.70; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2015 a. 55 s. 4086; Stats. 2015 s. 97.617.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.62 - Health and safety; standard.

97.62
Health and safety; standard.
Every hotel, tourist rooming house, bed and breakfast establishment, vending machine commissary and vending machine shall be operated and maintained with a strict regard to the public health and safety and in conformity with this subchapter and the rules and orders of the department.
History:  1975 c. 413 s. 13; Stats. 1975 s. 50.55; 1983 a. 163, 203, 538; 1987 a. 27; 1993 a. 27 s. 75; Stats. 1993 s. 254.72; 2015 a. 55 s. 4089; 2015 Stats. s. 97.62.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.623 - Hotel safety.

97.623
Hotel safety.
(1)
Every hotel with sleeping accommodations with more than 12 bedrooms above the first story shall, between the hours of 12 midnight and 6 a.m. provide a system of security personnel patrol, or of mechanical and electrical devices, or both, adequate, according to standards established by the department of safety and professional services, to warn all guests and employees in time to permit their evacuation in case of fire.
(2)
Every hotel shall offer to every guest, at the time of registration for accommodation and of making a reservation for accommodation, an opportunity to identify himself or herself as a person needing assistance in an emergency because of a physical condition and shall keep a record at the registration desk of where each person so identified is lodged. No hotel may lodge any person so identified in areas other than those designated by the local fire department as safe for persons so identified, based on the capabilities of apparatus normally available to the fire company or companies assigned the first alarm. A person who does not identify himself or herself as permitted in this subsection may be lodged in the same manner as any other guest. Violation of this subsection shall be punished by a forfeiture of not more than $50 for the first violation and not more than $100 for each subsequent violation.
History:  1975 c. 112, 199; 1975 c. 413 s. 13; Stats. 1975 s. 50.56; 1985 a. 135; 1993 a. 27 s. 76; Stats. 1993 s. 254.73; 1995 a. 27 ss. 6343, 9116 (5); 2011 a. 32; 2015 a. 55 s. 4090; 2015 Stats. s. 97.623.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.627 - Causing fires by tobacco smoking.

97.627
Causing fires by tobacco smoking.
(1)
Any person who, by smoking, or attempting to light or to smoke cigarettes, cigars, pipes or tobacco, in any manner in which lighters or matches are employed, shall, in a careless, reckless or negligent manner, set fire to any bedding, furniture, curtains, drapes, house or any household fittings, or any part of any building specified in sub. (2), so as to endanger life or property in any way or to any extent, shall be fined not less than $50 nor more than $250, together with costs, or imprisoned not less than 10 days nor more than 6 months or both.
(2)
In each sleeping room of all hotels, rooming houses, lodging houses and other places of public abode, a plainly printed notice shall be kept posted in a conspicuous place advising tenants of the provisions of this section.
History:  1975 c. 413 s. 13; Stats. 1975 s. 50.58; 1993 a. 27 s. 79; Stats. 1993 s. 254.76; 2015 a. 55 s. 4092; 2015 Stats. s. 97.627.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.633 - Hotelkeeper's liability.

97.633
Hotelkeeper's liability.
(1)
A hotelkeeper who complies with sub. (2) is not liable to a guest for loss of money, jewelry, precious metals or stones, personal ornaments or valuable papers which are not offered for safekeeping.
(2)
To secure exemption from liability the hotelkeeper shall do all of the following:
(a)
Have doors on sleeping rooms equipped with locks or bolts.
(b)
Offer, by notice printed in large plain English type and kept conspicuously posted in each sleeping room, to receive valuable articles for safekeeping, and explain in the notice that the hotel is not liable for loss unless articles are tendered for safekeeping.
(c)
Keep a safe or vault suitable for keeping the articles and receive them for safekeeping when tendered by a guest, except as provided in sub. (3).
(3)
A hotelkeeper is liable for loss of articles accepted for safekeeping up to $300. The hotelkeeper need not receive for safekeeping property over $300 in value. This subsection may be varied by written agreement between the parties.
History:  1975 c. 413 s. 15; Stats. 1975 s. 50.80; 1991 a. 316; 1993 a. 27 s. 85; Stats. 1993 s. 254.80; 2015 a. 55 s. 4095; 2015 Stats. s. 97.633.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.634 - Hotelkeeper's liability for baggage; limitation.

97.634
Hotelkeeper's liability for baggage; limitation.
Every guest and intended guest of any hotel upon delivering to the hotelkeeper any baggage or other property for safekeeping, elsewhere than in the room assigned to the guest, shall demand and the hotelkeeper shall give a check or receipt, to evidence the delivery. No hotelkeeper shall be liable for the loss of or injury to the baggage or other property of a hotel guest, unless it was delivered to the hotelkeeper for safekeeping or unless the loss or injury occurred through the negligence of the hotelkeeper.
History:  1975 c. 413 s. 15; Stats. 1975 s. 50.81; 1991 a. 316; 1993 a. 27 s. 86; Stats. 1993 s. 254.81; 2015 a. 55 s. 4096; 2015 Stats. s. 97.634.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.635 - Liability of hotelkeeper for loss of property by fire or theft; owner's risk.

97.635
Liability of hotelkeeper for loss of property by fire or theft; owner's risk.
A hotelkeeper is not liable for the loss of baggage or other property of a hotel guest by a fire unintentionally produced by the hotelkeeper. Every hotelkeeper is liable for loss of baggage or other property of a guest caused by theft or gross negligence of the hotelkeeper. The liability may not exceed $200 for each trunk and its contents, $75 for each valise and its contents and $10 for each box, bundle or package and contents, so placed under the care of the hotelkeeper; and $50 for all other effects including wearing apparel and personal belongings, unless the hotelkeeper has agreed in writing with the guest to assume a greater liability. When any person permits his or her baggage or property to remain in any hotel after the person's status as a guest has ceased, or forwards the baggage or property to a hotel before becoming a guest and the baggage or property is received into the hotel, the hotelkeeper holds the baggage or property at the risk of the owner.
History:  1975 c. 413 s. 15; Stats. 1975 s. 50.82; 1991 a. 316; 1993 a. 27 s. 87; Stats. 1993 s. 254.82; 2015 a. 55 s. 4097; 2015 Stats. s. 97.635.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.638 - Hotel rates posted; rate charges; special rates.

97.638
Hotel rates posted; rate charges; special rates.
(1)
Every hotelkeeper shall keep posted in a conspicuous place in each sleeping room in his or her hotel, in type not smaller than 12-point, the rates per day for each occupant. Such rates shall not be changed until notice to that effect has been posted, in a similar manner, for 10 days previous to each change. Any hotelkeeper who fails to have the rates so posted or who charges, collects or receives for the use of any room a sum different from the authorized charge shall be fined not less than $50 nor more than $100. A hotelkeeper may permit a room to be occupied at the rate of a lower priced room when all of the lower priced rooms are taken and until one of them becomes unoccupied. Special rates may be made for the use of sleeping rooms, either by the week, month or for longer periods or for use by families or other collective groups. The department or its representatives may enforce the posting of rates as provided in this subsection.
(2)
(a)
A hotelkeeper shall post, in each sleeping room in the hotel with a telephone, a notice of any fee imposed by the hotelkeeper for using the telephone.
(b)
The notice required under par. (a) shall be all of the following:
1.
In type not smaller than 12-point.
2.
Conspicuously posted on the telephone or within 3 feet of the telephone's normal location.
(c)
The department or its agents may inspect hotels to ensure compliance with pars. (a) and (b).
(d)
A hotelkeeper who fails to post the notice required under par. (a) or who posts an inaccurate notice shall be fined not less than $50 nor more than $100.
History:  1975 c. 413 s. 15; Stats. 1975 s. 50.84; 1989 a. 31; 1993 a. 27 s. 89; Stats. 1993 s. 254.83; 2015 a. 55 s. 4098; 2015 Stats. s. 97.638.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.639 - Motel rates.

97.639
Motel rates.
(1)
Definitions.
(a)
“Operator" includes a manager or any person in charge of the operation of motels and like establishments. “Operator" or “owner" includes natural persons, firms and corporations.
(b)
“Outdoor sign" or “outside sign" means any sign visible to passersby, regardless of whether the sign is located in or outside of buildings.
(c)
“Room rates" means the rates at which rooms or other accommodations are rented to occupants.
(2)
Rental posted. No owner or operator of any establishment that is held out as a motel, motor court, tourist cabin or like accommodation may post or maintain posted on any outdoor or outside advertising sign for the establishment rates for accommodations in the establishment unless the sign has posted on it both the minimum and maximum room or other rental unit rates for accommodations offered for rental. All posted rates and descriptive data required by this section shall be in type and material of the same size and prominence as the minimum and maximum room or other rental unit rates. Signs that only state the rate per person or bear the legend “and up" do not comply with the requirements of this subsection.
(3)
Accommodations must exist. No owner or operator of any motel, motor court, tourist cabin or like accommodation may post or maintain posted on outdoor or outside advertising signs rates for accommodations in the establishment unless there is available, when vacant, accommodations in the establishment for immediate occupancy to meet the posted rates on the advertising signs.
(4)
Misrepresentation. No owner or operator of any motel, motor court, tourist cabin or like accommodation may post or maintain outdoor or outside advertising signs in connection with the establishment relating to rates which have any untrue, misleading, false, or fraudulent representations.
(5)
Construction. Nothing in this section may be construed to require motels, motor courts, tourist cabins, or like accommodations to have outdoor or outside signs. This section shall be liberally construed so as to prevent untrue, misleading, false, or fraudulent representations relating to rates placed on outdoor or outside signs of the establishments.
History:  1975 c. 413 s. 15; Stats. 1975 s. 50.85; 1983 a. 189; 1993 a. 27 s. 90; Stats. 1993 s. 254.84; 2015 a. 55 ss. 4099, 4100; 2015 Stats. s. 97.639.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.70 - Authority of department of safety and professional services.

97.70
Authority of department of safety and professional services.
Nothing in this chapter affects the authority of the department of safety and professional services relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.
History:  2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.71 - Suspension or revocation of license.

97.71
Suspension or revocation of license.
The department or a local health department designated as an agent under s. 97.615 (2) or 97.41 (2) may refuse or withhold issuance of a license under this chapter or may suspend or revoke a license for violation of this chapter or any rule or order of the department, ordinance of the village, city or county or regulation of the local board of health.
History:  1975 c. 413 s. 14; Stats. 1975 s. 50.70; 1983 a. 203; 1987 a. 27; 1993 a. 27 s. 83; Stats. 1993 s. 254.86; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2015 a. 55 s. 4103; 2015 Stats. s. 97.71.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.72 - Penalties.

97.72
Penalties.
(1)
Any person who violates any of the provisions of this chapter for which a specific penalty is not prescribed shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than 6 months, for the first offense; and for each subsequent offense, fined not less than $500 nor more than $5,000, or imprisoned for not less than 30 days nor more than one year in the county jail or both.
(2)
In lieu of any criminal penalty provided under this chapter, a person who violates this chapter may be required to forfeit not more than $1,000 for each violation. If the prosecutor seeks to impose a forfeiture, he or she shall proceed under ch. 778.
History:  1977 c. 216; 1979 c. 129; 1983 a. 261; 1985 a. 229; 1987 a. 398.
2023 Wisconsin Statutes & Annotations › Chapter 97 - Food, lodging, and recreation. › 97.73 - Injunction.

97.73
Injunction.
In addition to penalties applicable to this chapter, the department may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating provisions of this chapter and rules or orders issued under this chapter.
History:  1971 c. 156 s. 10; Stats. 1971 s. 97.73; 1983 a. 261.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.01 - Definitions.

98.01
Definitions.
As used in this chapter, unless the context requires otherwise:
(1)
“Incorrect" as applied to weights and measures and commodities includes any failure to comply with the requirements of this chapter or rules issued thereunder.
(2)
“Inspector" means a state inspector of weights and measures.
(3)
“Municipality" means a city or village.
(4)
“Sealer" and “deputy sealer" means a sealer of weights and measures and deputy sealer of weights and measures of a municipality, respectively.
(5)
“Sell", “sale" and “sold" include barter or exchange, and any offering or exposing for sale or possession with intent to sell.
(6)
“Weight" means net weight when used in reference to a commodity.
(7)
“Weights and measures" means weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories used with any or all such instruments and devices, except meters for the measurement of electricity, gas (natural and manufactured) or water when the same are operated in a public utility system.
History:  1983 a. 189.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.02 - Systems of weights and measures; special units.

98.02
Systems of weights and measures; special units.
(1)
The system of weights and measures in customary use in the United States or the metric system of weights and measures shall be the only systems used for commercial purposes in this state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents, published by the national institute of standards and technology, shall govern weighing and measuring equipment and transactions in this state.
(2)
“Barrel," when used in connection with fermented malt beverages, means a unit of 31 gallons. “Ton" means a unit of 2,000 pounds avoirdupois weight. “Cord," when used in connection with wood intended for fuel purposes, means the amount of wood that is contained in a space of 128 cubic feet when the wood is ranked and well stowed.
History:  1981 c. 79; 1989 a. 165; 2015 a. 196.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.03 - State standards; specifications and tolerances.

98.03
State standards; specifications and tolerances.
(1)
Weights and measures obtained by the state as standards and certified for use as such by the national institute of standards and technology shall be the state standards of weight and measure. They shall be in the custody of the department and shall be used only for verification of other standards.
(2)
The department may issue rules governing the construction, installation, and use of commercial weights and measures and prescribing tolerances therefor. The specifications, tolerances, and regulations for commercial weighing and measuring devices issued by the national institute of standards and technology shall apply in this state except as modified by such rules or by statute.
History:  1989 a. 165; 2017 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.04 - Municipalities.

98.04
Municipalities.
(1)
Except as provided in sub. (2), a municipality having a population of more than 5,000, according to the most recent population estimate made by the department of administration under s. 16.96, shall enforce the provisions of this chapter within its jurisdiction. For this purpose, a municipality shall establish a municipal department of weights and measures. Each municipal department of weights and measures shall have such number of qualified sealers or inspectors as will ensure compliance with this chapter. Municipal sealers or inspectors shall have the same authority as sealers or inspectors of the department of agriculture, trade and consumer protection. The selection of municipal sealers or inspectors shall be from a list of applicants whose qualifications have been certified by the state or local civil service agency under the rules of the agency. The municipality shall procure and keep at all times a complete set of standards of weight and measure conforming to the state standards and shall submit the standards for certification at regular intervals as required by the department of agriculture, trade and consumer protection. The municipality shall keep a complete record of its work and annually shall file a report thereof with the department of agriculture, trade and consumer protection. The municipality may enact ordinances that regulate weights and measures and that are not in conflict with this chapter or the rules of the department of agriculture, trade and consumer protection. The municipality may assess fees that do not exceed the actual cost of its weights and measures program.
(2)
A municipality that is required to establish a department of weights and measures under sub. (1) may contract with the department of agriculture, trade, and consumer protection to enforce the provisions of this chapter within the municipality's jurisdiction instead of establishing its own department if the department of agriculture, trade and consumer protection agrees to enter into such a contract. The department of agriculture, trade and consumer protection may charge the municipality fees sufficient to cover the department's costs under the contract. A municipality may recover an amount not to exceed the cost of these fees by assessing fees on the persons who receive services under the weights and measures program.
History:  1983 a. 230; 1997 a. 27; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.05 - Enforcement authority; measurement center laboratory.

98.05
Enforcement authority; measurement center laboratory.
(1)
There is hereby conferred upon sealers and inspectors of weights and measures, police power; such sealers and inspectors shall be provided with suitable badges or insignia of authority and in the exercise of their functions shall exhibit the same, upon demand, to any person questioning their powers, and they are hereby empowered and authorized to make arrests, with or without formal warrant, of any persons violating any statute relating to weights and measures.
(2)
Sealers or inspectors may enter and go into or upon any structure or premises, and may stop any person or vehicle for the purpose of enforcing this chapter. They shall inspect and test any weights and measures or commodities which are sold or used commercially as often as necessary to secure compliance with this chapter, and may seize as evidence, or reject and mark or tag as “rejected" those which are incorrect. A representative sample may be used as the basis to determine whether any lot is incorrect.
(3)
Weights and measures and commodities that have been rejected may be confiscated and destroyed by a sealer or inspector if not corrected within 30 days or such longer period as the sealer or inspector may authorize, or if used or disposed of without the sealer's or inspector's written authorization.
(4)
Sealers or inspectors may seal or mark with appropriate devices such weights and measures as are found upon inspection and test to be in conformance with this chapter.
(5)
The department shall:
(a)
Establish and maintain a measurement center laboratory for the testing and calibration of weights and measures; and
(b)
Fix and collect charges sufficient to cover the cost for the testing and calibration done in the measurement center laboratory.
History:  1993 a. 16, 492.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.06 - Method of sale of commodities.

98.06
Method of sale of commodities.
(1)
Commodities in liquid form shall be sold by liquid measure and commodities not in liquid form shall be sold by weight but liquid commodities may be sold by weight and commodities not in liquid form may be sold by count or measure if such methods are in general use and give accurate information as to the quantity of commodity sold.
(2)
(a)
Berries and small fruits may be sold by measure only if in containers having capacities of one-half dry pint, one dry pint or one dry quart.
(b)
If a commodity is packaged in an aerosol container, it shall be sold by weight including the propellant.
(3)
This section shall not apply to commodities sold in compliance with a state or federal law which prescribes another method of sale, or to commodities sold for immediate consumption on the premises where sold.
History:  1999 a. 83.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.07 - Declaration of quantity.

98.07
Declaration of quantity.
(1)
No commodity which is marked, tagged or labeled, or for which a sign is displayed, with a selling price, shall be sold unless the weight, measure or count of the commodity is conspicuously declared on the commodity or its tag, label or sign, but a declaration of count is not required if the selling price is for a single unit, or a set or combination of commodities customarily sold to and understood by consumers as a single unit, or if the commodity is packaged prior to sale and the package contains 6 units or less which can be easily counted without opening the package.
(2)
No commodity shall be wrapped or its container made, formed or filled so as to mislead the purchaser; nor shall the qualifying term “when packed", or the terms “jumbo", “giant" or “full", or words of similar import that tend to mislead the purchaser as to the amount of the commodity, be used in connection with a declaration of quantity.
(3)
With respect to commodities packaged prior to sale, the department shall issue rules permitting reasonable variations from declared quantity which unavoidably occur in good packaging and distribution practices.
(4)
In order to prevent consumer deception, the department shall prescribe, by rule, standards for determining and declaring weight, measure or count, including the conspicuousness of quantity declarations.
History:  1975 c. 308.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.08 - Price refunds; price information.

98.08
Price refunds; price information.
(1)
A person who uses an electronic scanner to record the price of a commodity or thing and who sells the commodity or thing at a price higher than the posted or advertised price of that commodity or thing at least shall refund to a person who purchases the commodity or thing the difference between the posted or advertised price of the commodity or thing and the price charged at the time of sale.
(2)
A person who sells a commodity or thing and who uses an electronic scanner to record the price of that commodity or thing shall display, in a conspicuous manner, a sign stating the requirements of sub. (1).
History:  1995 a. 319.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.12 - Sale of ice cream and similar frozen products.

98.12
Sale of ice cream and similar frozen products.
Ice cream, ice milk, water ices or other frozen desserts of a similar nature packaged prior to sale shall be sold by liquid measure. This section does not apply if the products are packaged at time of sale at retail or sold in quantities of less than one-half liquid pint.
History:  1973 c. 178; 1983 a. 367; 1987 a. 78; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.13 - Milk or cream tests; samples; patrons' statement.

98.13
Milk or cream tests; samples; patrons' statement.
(1)
The Babcock or ether extraction tests shall be used to determine the milk fat content of milk or cream purchased by or sold to dairy plants, but the department may issue rules permitting the use of other methods or devices for testing and determining such milk fat content.
(2)
Each sample used for testing shall be representative of the milk or cream from which taken. Composite samples shall consist of representative samples taken during a period not exceeding 16 consecutive days. The unused portion of tested samples shall be retained not less than 5 days after testing to enable retesting by the department.
(3)
All purchasers of milk or cream from the producer, when using such milk fat tests to determine the value of any milk or cream received or bought by such purchaser, shall, when paying for such milk or cream, include an itemized statement to each patron showing the daily number of pounds of milk delivered, the total amount of butterfat content or test, transportation costs, and other charges and deductions for the period of time for which payment is made; except that the daily weights need not be shown on such statement if weight slips are furnished daily to producers.
(4)
Whenever milk is sold under an agreement, express or implied, that the value of the milk shall be determined by its proportion of butter fat, the price to be paid shall be based on a 3.5 percent butter fat standard.
(5)
To insure the accuracy of the milk fat tests prescribed herein the department shall issue rules governing the collection and care of samples, the conduct of tests and the keeping of test records.
History:  1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.14 - Standardization of Babcock pipettes.

98.14
Standardization of Babcock pipettes.
(1)
All bottles and pipettes used in measuring milk or milk products to determine the percentage of fat in the milk or milk products shall have clearly blown or otherwise permanently marked in the side of the bottle or pipette the word “Sealed", and in the side of the pipette or the side or bottom of the bottle the name, initials or trademark of the manufacturer and the manufacturer's designating number, which designating number shall be different for each manufacturer and may be used in identifying bottles. The designating number shall be furnished by the department upon application by the manufacturer and upon the filing by the manufacturer of a bond in the sum of $1,000 with sureties to be approved by the attorney general, conditioned upon conformance with the requirements of this section. A record of the bonds furnished, the designating number, and to whom furnished, shall be kept in the office of the department.
(2)
Any manufacturer who sells Babcock milk, cream or butter test bottles or milk pipettes, for use in this state, that do not comply with the provisions of this section shall be subject to a penalty of $500 to be recovered by the attorney general in an action brought in the name of the people of the state against the offender's bondsmen. No dealer shall use, for the purpose of determining the percent of milk fat in milk or milk products, any bottles or pipettes that do not comply with the provisions of this section.
(3)
The department shall prescribe specifications with which the glassware described in this section shall comply. The unit of graduation for all Babcock glassware shall be the true cubic centimeter or the weight of one gram of distilled water at 4 degrees centigrade.
(4)
Sealers of weights and measures are not required to seal Babcock milk, cream or butter test bottles or milk pipettes marked as in this section provided, but they shall from time to time make tests of individual bottles used by the various firms in the territory over which they have jurisdiction in order to ascertain whether the above provisions are being complied with and they shall report immediately to the department violations found.
History:  1993 a. 492; 1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.145 - Licensing of milk and cream testers.

98.145
Licensing of milk and cream testers.
(1)
To secure fair and accurate tests to producers and manufacturers for the determination of the basis of payment or for settlement for such milk or cream, or for the purpose of official inspection, or for the making of records of dairy production, persons making such milk fat tests shall be licensed by the department as herein provided.
(2)
No person may engage as a tester of milk or cream to determine its value for payment or for the purpose of official inspection or for records of dairy production for the purposes described above unless the person holds a license issued by the department; but no such license is required of a licensed cheesemaker or buttermaker. The license shall expire biennially on October 31 of the 2nd year commencing after the date of issuance or renewal. Each application for milk tester license or renewal thereof shall be accompanied by a fee of $50, except that an individual who is eligible for the veterans fee waiver program under s. 45.44 is not required to pay the fee. Each application shall be made upon forms provided by the department. If the department conducts a reinspection of any milk or cream tested by a person licensed under this subsection due to any violation of any federal or state law which the department determines in a regularly scheduled inspection of milk or cream tested by that person, the department shall charge that person $25 for that reinspection.
(3)
To qualify for a milk and cream tester's license the applicant shall not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, shall furnish 2 references who have known the applicant for at least one year and shall give proof of ability to perform the necessary duties to the satisfaction of the department by satisfactorily passing a written examination pertaining to milk and cream sampling and care of samples and use of the Babcock test or other test method approved by the department; and by actual demonstration in the laboratory of his or her ability to determine accurately the milk fat content of milk and cream including special emphasis on the handling and testing of composite samples of milk and cream.
(4)
Unless provision is made for the testing of milk or cream by a duly licensed tester as provided herein, no dairy plant shall receive any milk or cream unless at least one employee is a milk and cream tester licensee who shall be responsible for the care of samples and the testing of milk and cream and who shall be regularly assigned to the duty of making such tests.
(5)
This section shall not be construed to require the licensing of city or village sanitary or dairy inspectors.
History:  1977 c. 216; 1981 c. 380; 1981 c. 391 s. 211; 1987 a. 27; 2011 a. 209.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.146 - Licensing milk weighers and samplers.

98.146
Licensing milk weighers and samplers.
(1)
All persons except licensed cheesemakers and buttermakers taking weights and samples of milk in bulk tanks or measuring milk in bulk tanks to determine weight, on the farm premises where such milk is produced, shall be licensed by the department under this section or by an equivalent regulatory agency in another state, and no person who is not so licensed shall engage in such activities.
(2)
(a)
Each application for a license under this section or license renewal shall be made on forms provided by the department and shall be accompanied by the license fee required under sub. (4), except that an individual who is eligible for the veterans fee waiver program under s. 45.44 is not required to pay the fee. The license shall expire biennially on September 30 of the 2nd year commencing after the date of issuance or renewal. The applicant shall not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, and shall give proof of ability to engage in such weighing and sampling to the satisfaction of the department by satisfactorily passing a written examination pertaining to such activities.
(b)
If the department conducts a reinspection of any measurement by a person authorized to take weights and samples or to measure under sub. (1) due to any violation of any federal or state law which the department determines in a regularly scheduled inspection of that measurement, the department shall charge the person the reinspection fee required under sub. (4) for that reinspection.
(3)
No dairy plant shall receive any milk required to be weighed and sampled by a person authorized to take weights and samples under sub. (1) unless it has been so weighed and sampled.
(4)
The department may establish by rule the amount of license or reinspection fees required under sub. (2). Unless otherwise established by department rule, a license fee under sub. (2) is $40 and a reinspection fee under sub. (2) is $40.
History:  1977 c. 216; 1981 c. 380; 1981 c. 391 s. 211; 1987 a. 27; 1991 a. 39; 2011 a. 209; 2019 a. 152.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.15 - False testing.

98.15
False testing.
(1)
No person shall manipulate, underread or overread or make any false determination by the Babcock test or any other test used for determining the value of milk or cream. No person shall make any false record or report of the results of any such test.
(2)
A district attorney to whom any violation of this section is reported shall cause appropriate actions or proceedings to be instituted for the collection of a forfeiture or fine or for the enforcement of other remedies. In any enforcement action the court may, in addition to any other penalty provided, order restitution to any party injured by violation of this section. If the violator is convicted of a crime, restitution shall be in accordance with s. 973.20.
History:  1979 c. 264; 1987 a. 398.
Sub. (1) did not preclude prosecution for felony fraud under s. 943.20 (1) (d) when the state alleged that the defendant misrepresented the quality of milk sold. State v. Ploeckelman, 2007 WI App 31, 299 Wis. 2d 251, 729 N.W.2d 784, 06-1180.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.21 - Sale of bread.

98.21
Sale of bread.
(1)
Except as provided in sub. (2), no person may manufacture for sale in this state, offer to sell or sell bread unless the bread is sold by weight.
(2)
Subsection (1) does not apply to stale bread if the bread is conspicuously marked “stale bread" or is placed in a container conspicuously marked “stale bread" and sold as and for stale bread.
History:  1971 c. 113; 1983 a. 14, 329; 1993 a. 492; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.22 - Bulk deliveries sold in terms of weight and delivered by vehicle.

98.22
Bulk deliveries sold in terms of weight and delivered by vehicle.
(1)
When a commodity in bulk is delivered by vehicle to an individual purchaser and the commodity is sold in terms of weight units, the delivery shall be accompanied by a duplicate delivery ticket with the following information clearly stated in ink or by means of other indelible marking equipment:
(a)
The name and address of the vendor.
(b)
The name and address of the purchaser.
(c)
The net weight of the delivery expressed in pounds.
(d)
The gross and tare weights of the delivery if the net weight of the delivery is derived from determination of gross and tare weights.
(2)
Where milk is picked up at farms, only the identity of the vendor and the net weight need be stated.
(3)
One of the duplicate delivery tickets required under sub. (1) shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of delivery of the commodity, or shall be surrendered, on demand to the inspector or sealer, who may retain it as evidence and issue a weight slip in lieu thereof for delivery to the purchaser. If the purchaser carries away the purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of commodity delivered to the purchaser. If the commodity is to be weighed by the purchaser, the purchaser shall furnish the vendor the duplicate delivery ticket provided for in this section.
History:  1993 a. 492; 1995 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.225 - Deliveries of certain liquid fuels.

98.225
Deliveries of certain liquid fuels.
(1)
In this section, “liquid fuel" means gasoline, kerosene, fuel oil, diesel fuel or alternate fuels, as defined in s. 78.39 (1).
(2)
No person may sell liquid fuel by liquid measure and deliver it by a vehicle equipped with a pump and metering device unless the pump and metering device is equipped with a delivery ticket printer. Except as provided in sub. (3), the seller shall, at the time of delivery, either provide a copy of the delivery ticket printed by the delivery ticket printer to the purchaser or leave a copy at the place of delivery. The delivery ticket shall contain all of the following information:
(a)
The name and address of the seller.
(b)
The name and address of the purchaser.
(c)
A description of the liquid fuel delivered.
(d)
The meter reading showing the volume of liquid fuel delivered.
(3)
If there is a malfunction with the delivery ticket printer, the seller shall, at the time of delivery, either provide the purchaser or leave at the place of delivery the information required under sub. (2) in written form.
History:  1993 a. 234.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.246 - Petroleum product sales.

98.246
Petroleum product sales.
(1)
In this section, “petroleum products" has the meaning given under s. 168.01 (3).
(2)
Petroleum products may not be sold from a terminal or storage facility in this state on any basis other than gross volume without correction for temperature.
History:  1983 a. 251; 2013 a. 20.