reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.255 - Reinspection; fee.

98.255
Reinspection; fee.
(1)
If the department reinspects a weight or measure because the department has found a violation of this chapter or a rule promulgated under this chapter, the department may charge the operator of the weight or measure a reinspection fee.
(2)
The department shall establish the amount of the reinspection fee under sub. (1) by rule and may establish different reinspection fees for different types of weights and measures. The amount of a reinspection fee for a weight or measure may not exceed the department's average cost to reinspect that type of weight or measure.
(3)
A reinspection fee under sub. (1) is payable after the reinspection is completed and is due upon written demand from the department. The department may issue a demand for payment when it issues an annual license application form to the operator of the weighing or measuring device.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 98 - Weights and measures. › 98.26 - Prohibited acts; penalty; injunction.

98.26
Prohibited acts; penalty; injunction.
(1)
A person who does any of the following acts shall forfeit not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $1,000 for a subsequent offense. A person who intentionally does any of the following acts shall be fined not more than $10,000 or imprisoned not more than 9 months or both:
(a)
Hinders, obstructs or impersonates a sealer or inspector.
(b)
Uses or has in possession for use in buying or selling any commodity or service, or sells, any incorrect weight or measure or causes a weight or measure to be incorrect.
(c)
Represents in any manner a false quantity or price in connection with the purchase or sale, or any advertising thereof, of any commodity, thing or service.
(d)
Uses or disposes of any rejected weight or measure, or commodity, or removes therefrom any official tag, seal, stamp or mark, without written authority from a sealer or inspector.
(e)
Violates s. 98.15 (1).
(f)
Violates any other provision of this chapter or any rules promulgated under this chapter for which no specific penalty is prescribed.
(2)
Upon application of the department or a municipality, a circuit court may grant a temporary or permanent injunction restraining any person from violating any provision of this chapter.
History:  1979 c. 264; 1987 a. 250; 1995 a. 319.
2023 Wisconsin Statutes & Annotations › Chapter 99 - Public warehouses. › 99.01 - Definitions.

99.01
Definitions.
For the purpose of this chapter, unless the context otherwise requires:
(1)
“Food" has the meaning specified in s. 97.01 (6).
(2)
“Property" means goods as defined in s. 407.102 (1) (g). “Property" includes food; agricultural and commercial products, commodities or equipment; household furnishings; automobiles, boats, snowmobiles or other vehicles and conveyances; and all other items of a personal, family, household, agricultural, business or commercial nature which may be the subject of a contract of storage.
(3)
“Public warehouse" means a warehouse that is operated by a public warehouse keeper for the storage for hire of the property of others. “Public warehouse" includes a food warehouse, as defined in s. 97.27 (1) (b), if the warehouse is operated by a public warehouse keeper on a storage for hire basis. “Public warehouse" does not include a frozen-food locker plant as defined in s. 97.27 (1) (c).
(4)
“Public warehouse keeper" means any person who is required to be licensed under s. 99.02.
(5)
“Warehouse" means any building, room, structure or facility used for the storage of property.
History:  1983 a. 189; 1983 a. 500 ss. 2 to 6, 30; 1983 a. 538; 1985 a. 332 s. 253; 1987 a. 399; 1999 a. 83; 2009 a. 322.
2023 Wisconsin Statutes & Annotations › Chapter 99 - Public warehouses. › 99.015 - Warehouses classified.

99.015
Warehouses classified.
For the purposes of this chapter, public warehouses are classified as follows:
(1)
Class 1 warehouses have less than 10,000 square feet of floor space.
(2)
Class 2 warehouses have 10,000 square feet or over but less than 50,000.
(3)
Class 3 warehouses have 50,000 square feet or over but less than 100,000.
(4)
Class 4 warehouses have 100,000 square feet or over but less than 150,000.
(5)
Class 5 warehouses have 150,000 square feet or over.
History:  1983 a. 500 s. 34; Stats. 1983 s. 99.015; 1987 a. 399; 1999 a. 83.
2023 Wisconsin Statutes & Annotations › Chapter 99 - Public warehouses. › 99.04 - Suitable facilities and inspection.

99.04
Suitable facilities and inspection.
(1)
Facilities. All public warehouse facilities shall be suitable for the type of storage operations to be conducted and shall be maintained and operated in a manner which will reasonably protect property to be stored against loss or damage. No public warehouse keeper license may be issued or continued in effect if facilities used are unsuitable for the type of storage operation to be conducted or adequate safeguards are not taken for the protection of property against loss or damage while in storage. A public warehouse used for the storage of food is subject to ch. 97.
(2)
Inspection. The department may inspect all public warehouses as necessary to secure compliance with this chapter or any rules of the department prescribing standards for the suitability of storage facilities, the maintenance of storage records and the safeguarding of property while in storage. For purposes of inspection and enforcement, the department shall have access to all public warehouses regulated under this chapter at all reasonable times.
History:  1983 a. 500; 1987 a. 399; 1989 a. 163.
2023 Wisconsin Statutes & Annotations › Chapter 99 - Public warehouses. › 99.05 - Receipts; records; standards.

99.05
Receipts; records; standards.
(1)
Receipts. Public warehouse keepers, at the time goods are received for storage, shall issue warehouse or storage receipts identifying goods placed in storage and inform storers of all terms and conditions of storage and may, for this purpose, use standard forms which are accepted in the warehousing industry and comply with the requirements of chs. 401 to 411 and this subchapter.
(2)
Records. Every public warehouse keeper shall maintain a record of all property received for storage and of all warehouse or storage receipts issued. Such records shall be open at all reasonable times to inspection by the department. Persons holding an interest in stored property may inspect records relating to the property at reasonable times.
(3)
Standards. Public warehouse keepers shall be subject to standards and duties of care as prescribed in s. 407.204 (1) and this chapter, and other provisions of law relating to the storage of goods for hire, including the issuance of warehouse receipts, maintenance of warehouse receipt registers and enforcement of warehouse keepers' liens.
History:  1983 a. 500; 1991 a. 148, 304, 315.
2023 Wisconsin Statutes & Annotations › Chapter 99 - Public warehouses. › 99.06 - Injunctions.

99.06
Injunctions.
The department in the name of the state may commence an action to enjoin a violation of this chapter or any rule promulgated under this chapter and may prosecute such violation in any court of appropriate jurisdiction.
History:  1983 a. 500 s. 39; Stats. 1983 s. 99.40; 1987 a. 399 s. 362; Stats. 1987 s. 99.06.
2023 Wisconsin Statutes & Annotations › Chapter 99 - Public warehouses. › 99.07 - Penalties.

99.07
Penalties.
(1)
Except as provided in sub. (2), a person who violates this chapter or rules promulgated under this chapter shall forfeit not less than $100 nor more than $500 for the first violation and not less than $200 nor more than $1,000 for a subsequent violation.
(2)
A person who willfully violates this chapter or rules promulgated under this chapter shall be fined not less than $200 nor more than $1,000 or imprisoned not more than 6 months or both.
(3)
Each day of violation constitutes a separate offense.
History:  1983 a. 500; 1987 a. 399 s. 362; Stats. 1987 s. 99.07.
2023 Wisconsin Statutes & Annotations › Chapter 99 - Public warehouses. › 99.08 - Rule-making authority.

99.08
Rule-making authority.
The department may promulgate rules that are needed for the administration and enforcement of this chapter.
History:  1983 a. 500; 1987 a. 399 s. 362; Stats. 1987 s. 99.08.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.02 - Commission merchants, duties, must account.

100.02
Commission merchants, duties, must account.
(1)
No person receiving any fruits, vegetables, melons, dairy, or poultry products or any perishable farm products of any kind or character, other than cattle, sheep, hogs or horses, referred to in this section as produce, for or on behalf of another, may without good and sufficient cause therefor, destroy, or abandon, discard as refuse or dump any produce directly or indirectly, or through collusion with any person, nor may any person knowingly and with intent to defraud make any false report or statement to the person from whom any produce was received, concerning the handling, condition, quality, quantity, sale or disposition thereof, nor may any person knowingly and with intent to defraud fail truly and correctly to account and pay over to the consignor therefor.
(2)
The department shall by rule provide for the making of prompt investigations and the issuing of certificates as to the quality and condition of produce received, upon application of any person shipping, receiving or financially interested in, the produce. The rules shall designate the classes of persons qualified and authorized to make the investigations and issue the certificates, except that any investigation shall be made and any certificate shall be issued by at least 2 disinterested persons in any case where the investigation is not made by an officer or employee of the department.
(3)
A certificate made in compliance with the rules shall be prima facie evidence in all courts of the truth of the statements contained in the certificate as to the quality and condition of the produce; but if any such certificate is put in evidence by any party, in any civil or criminal proceeding, the opposite party shall be permitted to cross-examine any person signing the certificate, called as a witness at the instance of either party, as to his or her qualifications and authority and as to the truth of the statements contained in the certificate.
History:  1977 c. 29; 1993 a. 213.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.025 - Classification of dairy heifer calves.

100.025
Classification of dairy heifer calves.
(1)
As used in this section, “dairy heifer calf" means a female bovine animal, of a recognized dairy breed, at least 2 weeks and less than 4 months of age.
(2)
The owner of the herd of origin of any healthy dairy heifer calf may classify such calf as a “Wisconsin Blue Tag" dairy heifer calf by certifying that he or she is the owner of the herd of origin; that the sire of such calf is a registered purebred sire; and that the dam is of the same breed as the sire. Such certification shall be on forms prescribed by the department and shall include identification of the calf and its sire and dam, and such other information as the department requires. Dairy heifer calves so classified shall be identified by the owner of the herd of origin or the owner's agent by inserting a blue ear tag in the right ear and shall be accompanied by the certificate.
(4)
Blue ear tags for dairy heifer calves shall be purchased from the department. Each tag shall bear a distinctive serial number. No person shall possess or use, for identification pursuant to this section, ear tags which have not been issued by the department. Ear tag applicators and other supplies may be purchased from the department.
(5)
No person shall falsely execute any herd owner's certificate or falsely represent the identity or classification of any calves provided for in this section.
History:  1991 a. 201; 1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.04 - Livestock production contracts.

100.04
Livestock production contracts.
(1)
Definition. In this section, “livestock" means swine, cattle, poultry, sheep, goats or farm-raised deer, as defined in s. 95.001 (1) (ag).
(2)
Required contract terms. Every written contract under which livestock owned by one party is possessed by another party for breeding, feeding or the production of animal products shall set forth, in clear language, the manner in which any payments received because of the destruction of the livestock due to disease, fire or other unanticipated cause shall be divided between the party owning the livestock and the party possessing the livestock.
(3)
Responsible party. The party who drafts or otherwise provides the text of a written contract described in sub. (2) is responsible for including language that fulfills the requirement of sub. (2).
(4)
Resolution of disputes. If a written contract described in sub. (2) does not include language that fulfills the requirement of sub. (2) and one of the parties to the contract begins an action claiming an interest in payments received because of the destruction of livestock, the court shall divide the payments among the parties in an equitable manner.
History:  1995 a. 210; 2001 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.05 - Butter and cheese manufacturers; accounts accessible.

100.05
Butter and cheese manufacturers; accounts accessible.
(1)
No operator of a butter factory or cheese factory wherein the value of the milk or cream delivered is determined by the sale of the product manufactured shall use or allow any other person, unless the other person is entitled to the benefit thereof, to use any milk or cream brought to the operator, without the consent of the owner thereof.
(2)
The operator of a butter or cheese factory wherein the value of the milk or cream delivered is determined by the sale of the product manufactured shall keep or cause to be kept a correct account of the amount of milk or cream received daily, and of the number of pounds of butter, and the number and style of cheese made each day, and of the number of cheese cut or otherwise disposed of and the weight of each, and the number of pounds of whey cream sold, with the test.
(3)
The account kept under sub. (2) shall be open to the inspection of any person furnishing milk to the operator and to the department, its chemists, assistants, inspectors and agents.
History:  1993 a. 492; 1995 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.057 - Wisconsin cheese logotype.

100.057
Wisconsin cheese logotype.
The department shall design an official logotype appropriate for affixation to and display in connection with natural cheese meeting quality standards established by the department and manufactured in this state entirely from milk which is produced under standards which are equal to or greater than standards established under s. 97.24 and rules adopted under s. 97.24. The design shall consist of an outline of the boundaries of the state and the words “100% Wisconsin Cheese" and such other specifications as the department deems appropriate. Nothing in this section shall prohibit the use of other appropriate labels or logotypes.
History:  1975 c. 323; 1977 c. 157; 2013 a. 374; 2017 a. 365 s. 111.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.07 - Milk payments; audits.

100.07
Milk payments; audits.
(1)
Whenever petitions signed by more than 60 percent of the producers of milk delivered to any dairy plant or petitions signed by more than 60 percent of the producers comprising any municipal milk shed shall be presented to the department asking for the audit of payments to producers, the department by investigation and public hearing shall determine the facts in support of and against such petition and render its decision thereon. The department by order shall define the plants and areas affected. All persons receiving from producers in any such plant or area milk any part of which is used for fluid distribution shall keep adequate records of all purchases and all usage or disposition of milk and shall make reports thereof as prescribed by the department. The department shall have free access to such records and shall after entry of such order audit the receipts and usage or disposition of milk and cream at intervals sufficiently frequent to keep the producers informed for bargaining purposes.
(2)
Each such person shall deduct from the price to producers an amount sufficient to administer this section, to be the same for all, and not to exceed one-half cent per 100 pounds of milk received or its equivalent. Amounts so deducted are trust funds and shall be paid to the department.
(3)
Whenever petitions signed by more than 51 percent of the producers of milk delivered to any such plant or in any such municipal milk shed shall be presented to the department asking for discontinuance of such auditing service, it shall promptly hold a public hearing to determine the sufficiency of such petitions, and if it shall appear that the required number of persons have so petitioned, the auditing service shall be ordered discontinued. Plants and areas now being audited by the department shall continue to receive such service until an order of discontinuance is made as herein provided.
(4)
Authorized officials of any organization whose members are producers delivering milk to any such plant or in any such municipal milk shed may sign petitions for such auditing service or for the discontinuance thereof for and on behalf of the producer members of such organization.
(5)
Any person who violates this section by failing to pay to the department the deductions required by this section, or by failing to make or to keep the required records or reports, or by willfully making any false entry in such records or reports, or by willfully failing to make full and true entries in such records or reports, or by obstructing, refusing or resisting other than through judicial process any department audit of such records, shall be fined not to exceed $200 or imprisoned in the county jail not more than 6 months or by both.
(6)
Action to enjoin violation of this section may be commenced and prosecuted by the department in the name of the state in any court having equity jurisdiction.
History:  2009 a. 177.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.12 - Refusal of commission merchant to furnish written statement of transaction prima facie evidence of gambling.

100.12
Refusal of commission merchant to furnish written statement of transaction prima facie evidence of gambling.
(1)
Every person doing business as a commission merchant or broker shall furnish, upon demand, to any person for whom he or she has executed an order for the purchase or sale of a commodity, whether for immediate or future delivery, a written statement containing the following information:
(a)
The name of the party from whom the commodity was bought or to whom it was sold, whichever the case may be; and
(b)
The time when, the place where, and the price at which such commodity was bought or sold.
(2)
Refusal upon demand to furnish the written statement specified in sub. (1) is prima facie evidence that the purchase or sale of the commodity was not a bona fide business transaction.
(3)
Transactions by or between members of a lawfully constituted chamber of commerce or board of trade which has been organized pursuant to the laws of this state are prima facie valid if they are conducted in accordance with the charter of such chamber of commerce or board of trade and the rules, bylaws and regulations adopted thereunder.
History:  1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.14 - Uniform labels and trademarks.

100.14
Uniform labels and trademarks.
(1)
The department may adopt uniform labels and trademarks for brands of Wisconsin products and shall, upon request, permit the use of such labels and trademarks by any person engaged in the production or distribution of products who complies with regulations issued by the department for the use of such labels or trademarks.
(2)
The department of financial institutions shall, upon application of the department of agriculture, trade and consumer protection, record any such label or trademark under ss. 132.01 to 132.11. The department of agriculture, trade and consumer protection shall be entitled to protect such label or trademark under said sections and in any other manner authorized by law.
History:  2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.15 - Regulation of trading stamps.

100.15
Regulation of trading stamps.
(1)
No person may use, issue or furnish within this state, in connection with the sale of any goods, any trading stamp or similar device, which entitles the purchaser to procure anything of value in exchange for the trading stamp or similar device.
(3)
This section does not apply to:
(a)
Stamps, tokens, tickets, or similar devices, without any stated cash value, if such stamps, tokens, tickets, or similar devices are redeemable only in payment for parking privileges for automobiles or fares on urban passenger transit facilities.
(b)
A person who issues a trading stamp or other similar device, with the sale of any goods, which bears upon its face a stated cash value and is redeemable in cash upon presentation in amounts aggregating 25 cents or over of redemption value, or in merchandise at the option of the holder.
(c)
The publication by or distribution through newspapers, or other publications, of coupons in advertisements other than their own.
(d)
A coupon, certificate or similar device, which is within, attached to, or a part of any package or container as packed by the original manufacturer and is directly redeemed by such manufacturer.
(e)
A coupon, certificate or similar device, which is within, attached to, or a part of any package or container as packed by the original manufacturer or retailer and which is to be redeemed by a retailer or another manufacturer if:
1.
The coupon, certificate or similar device clearly states the names and addresses of both the issuing manufacturer or retailer and any redeeming manufacturer; and
2.
The issuing manufacturer or retailer is responsible to redeem the coupon, certificate or similar device if the redeeming retailer or manufacturer fails to do so.
(f)
A coupon, ticket, certificate, card or similar device issued, distributed or furnished by a retailer and redeemed by that retailer for any product or service the retailer sells or provides in the usual course of business. Redemption under this paragraph shall be made by the issuing retail outlet on request of the customer, and may be made by any other retail outlet operating under the same business name.
(g)
An entry blank or game piece redeemed for merchandise in a chance promotion exempt under s. 100.16 (2).
History:  1977 c. 268; 1981 c. 351; 1983 a. 406; 1993 a. 213.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.16 - Selling with pretense of prize; in-pack chance promotion exception.

100.16
Selling with pretense of prize; in-pack chance promotion exception.
(1)
No person shall sell or offer to sell anything by the representation or pretense that a sum of money or something of value, which is uncertain or concealed, is enclosed within or may be found with or named upon the thing sold, or that will be given to the purchaser in addition to the thing sold, or by any representation, pretense or device by which the purchaser is informed or induced to believe that money or something else of value may be won or drawn by chance by reason of the sale.
(2)
This section does not apply to an in-pack chance promotion if all of the following are met:
(a)
Participation is available, free and without purchase of the package, from the retailer or by mail or toll-free telephone request to the sponsor for entry or for a game piece.
(b)
The label of the promotional package and any related advertising clearly states any method of participation and the scheduled termination date of the promotion.
(c)
The sponsor on request provides a retailer with a supply of entry forms or game pieces adequate to permit free participation in the promotion by the retailer's customers.
(d)
The sponsor does not misrepresent a participant's chances of winning any prize.
(e)
The sponsor randomly distributes all game pieces and maintains records of random distribution for at least one year after the termination date of the promotion.
(f)
All prizes are randomly awarded if game pieces are not used in the promotion.
(g)
The sponsor provides on request of a state agency a record of the names and addresses of all winners of prizes valued at $100 or more, if the request is made within one year after the termination date of the promotion.
History:  1981 c. 351; 1997 a. 253.
A plan whereby a soft drink company would include with specified purchases a coupon for a Wisconsin lottery ticket that the customer could redeem at a retail lottery outlet would violate this section. 77 Atty. Gen. 303.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.17 - Guessing contests.

100.17
Guessing contests.
No person or persons or corporations in their own name or under any assumed trade name, with intent to defraud, shall advertise or represent in printing or writing of any nature, any enigma, guessing or puzzle contest, offering to the participants therein any premium, prize or certificate entitling the recipient to a credit upon the purchase of merchandise in any form whatsoever; nor shall any person or corporation in the printing or writing, advertising or setting forth any such contests, fail to state definitely the nature of the prizes so offered; nor shall any person or corporation fail to state clearly upon all evidences of value issued as a result of such contest in the form of credit certificates, credit bonds, coupons, or other evidences of credit in any form whatsoever, whether the same are redeemable in money or are of value only as a credit upon the purchase of merchandise; nor shall any person or corporation issue to any person as a result of any such contest, any instrument in the form of a bank check or bank draft or promissory note or any colorable imitation of any of the foregoing; nor shall any person or corporation refuse or fail to award and grant the specific prizes offered to the persons determined to be entitled thereto under the terms of such contest, or fail to redeem any credit certificate, credit bonds, coupons or other evidences of credit issued as a result of any such contest, according to the terms thereof.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.182 - Fraudulent drug advertising.

100.182
Fraudulent drug advertising.
(1)
In this section, “drug" has the meaning specified in s. 450.01 (10).
(2)
No person may advertise the availability of any drug or publish or circulate such an advertisement with the intent of selling, increasing the consumption of or generating interest in the drug if the advertisement contains any untrue, deceptive or misleading representations material to the effects of the drug.
(3)
No person may expressly or impliedly represent that a substance may be used to obtain physical or psychological effects associated with the use of a drug in order to promote the sale of the substance unless it is lawfully marketed for human consumption under the United States food, drug and cosmetic act under 21 USC 301 to 392. A representation that the substance is not intended for human consumption is not a defense to prosecution for violating this subsection.
(4)
No person may advertise a drug that the person knows is intentionally manufactured substantially to resemble a controlled substance or that the person represents to be of a nature, appearance or effect that will allow the recipient to display, sell, deliver, distribute or use the drug as a controlled substance, unless the drug is controlled under ch. 961.
(5)
(a)
Any district attorney, after informing the department, or the department may seek a temporary or permanent injunction in circuit court to restrain any violation of this section. Prior to entering a final judgment the court may award damages to any person suffering monetary loss because of a violation. The department may subpoena any person or require the production of any document to aid in investigating alleged violations of this section.
(b)
In lieu of instituting or continuing an action under this subsection, the department may accept a written assurance from a violator of this section that the violation has ceased. If the terms of the assurance so provide, its acceptance by the department prevents all district attorneys from prosecuting the violation. An assurance is not evidence of a violation of this section but violation of an assurance is subject to the penalties and remedies of violating this section.
History:  1981 c. 90; 1985 a. 146 s. 8; 1995 a. 27, 448.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.183 - Fraud, advertising foods.

100.183
Fraud, advertising foods.
(1)
No person, firm, corporation or association shall, with intent to sell, or increase the consumption thereof, or create an interest therein, make, publish, disseminate, circulate, or place before the public in this state, or cause, directly or indirectly to be made, published, disseminated, or placed before the public in this state, in a newspaper or other publication, or in the form of a book notice, handbill, poster, bill, circular or pamphlet, or in any other manner, an advertisement of any sort regarding articles of food, which advertisement contains any assertion, representation or statement which is untrue, deceptive or misleading.
(2)
It shall be unlawful to advertise any dairy or other food product which is of a grade or quality inferior to or less valuable than the usual and ordinary grade established by common understanding or law for such product, or from which a more valuable portion has been removed, without plainly and conspicuously stating that the article advertised is below and inferior to the usual and ordinary grade.
(3)
No person, for himself or herself or as an agent, shall advertise at a stated price the sale of turkeys, which have been graded by the U.S. department of agriculture, unless the federal grade is set forth in such advertisement in not less than 10-point type.
History:  1993 a. 492.
When the statutory background of this section and s. 100.18 is considered, it becomes clear that the legislature does not intend “merchandise" in s. 100.18 to include articles of food. The only sanction for violating this section is the criminal penalty specified in s. 100.26 (1) while s. 100.18 (1) is amenable to only civil remedies and cannot be enforced via a criminal prosecution. Gallego v. Wal-Mart Stores, Inc., 2005 WI App 244, 288 Wis. 2d 229, 707 N.W.2d 539, 04-2533.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.184 - Advertising foods for sale.

100.184
Advertising foods for sale.
No person shall, himself or herself, or by a servant or agent, or as the servant or agent of any other person, advertise for sale any article of food in package form when the retail price is mentioned in such advertisement unless the actual weight or volume of the contents of such package as stated on the label shall be plainly and conspicuously set forth in such advertisement in not less than 5-point type.
History:  1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.185 - Fraud, advertising musical performances.

100.185
Fraud, advertising musical performances.
(1)
Definitions. In this section:
(a)
“Performing group" means a vocal or instrumental group that intends to advertise or perform under the name of a recording group.
(b)
“Recording group" means a vocal or instrumental group to whom all of the following apply:
1.
At least one member of the group has released a commercial sound recording under the name of a group.
2.
The member identified in subd. 1. has a right by virtue of use or operation to perform under the name of the group that released the commercial sound recording, and the member has not abandoned the recording group's name or the member's affiliation with the group that released the commercial sound recording.
(c)
“Sound recording" means a work that results from the fixation of a series of musical, spoken, or other sounds on a material object, including a disc, tape, or other phonorecord.
(2)
Production. No person may advertise or conduct a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group. For purposes of this subsection, an advertisement, production, or performance is not false, deceptive, or misleading if any of the following applies:
(a)
The performing group is the authorized registrant and owner of a service mark for that group registered in the U.S. patent and trademark office.
(b)
At least one member of the performing group was a member of the recording group.
(c)
The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the performing group is not so closely related or similar to the name of the recording group as to be misleading or confusing to a reasonable person.
(d)
The performance or production is expressly authorized by the recording group.
(3)
Enforcement.
(a)
If the attorney general or a district attorney has reason to believe that a person is advertising or conducting or intends to advertise or conduct a live musical performance or production in violation of sub. (2), the attorney general or district attorney may bring an action in the name of the state against the person to restrain the violation by temporary or permanent injunction. If a court issues a permanent injunction against a violation of this section by a defendant, the court may also order the defendant to pay to a person injured by the violation any amounts or property the defendant obtained as a result of the violation.
(b)
A court may require a person who violates sub. (2) to forfeit an amount not less than $5,000 nor more than $15,000 per violation. Each performance or production in violation of sub. (2) constitutes a separate violation.
History:  2007 a. 15.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.187 - Sale of honey and Wisconsin certified honey; rules, prohibitions.

100.187
Sale of honey and Wisconsin certified honey; rules, prohibitions.
(1)
The department shall promulgate rules that do all the following:
(a)
Establish standards for products sold as honey that are consistent with the standard for honey under the Codex Alimentarius of the Food and Agriculture Organization of the United Nations and the World Health Organization, number 12-1981, as revised in 2001.
(b)
Establish standards for testing by private laboratories of samples submitted by persons who intend to sell honey produced in this state as Wisconsin certified honey to determine whether the samples meet the standards established under par. (a).
(2)
(a)
No person may label a product as Wisconsin certified honey or imply that a product is Wisconsin certified honey unless all of the following apply:
1.
The product has been determined to meet the standards established under sub. (1) (a) by a laboratory whose testing procedures meet standards established under sub. (1) (b).
2.
A summary of the results of the testing performed under subd. 1. has been submitted to the department and approved by the department.
3.
The product was produced in this state.
(b)
The department shall investigate violations of this subsection and may bring an action for permanent or temporary injunctive or other relief in any circuit court against a person who violates this subsection.
(3)
(a)
No person may label a product as honey or imply that a product is honey unless the product meets the standards established under sub. (1) (a).
(b)
Any person who suffers damages as a result of a violation of this subsection may bring an action for damages against the violator for the amount of the person's damages or $1,000, whichever is greater. Notwithstanding s. 814.04 (1), a court shall award to a prevailing plaintiff in an action under this paragraph reasonable attorney fees.
History:  2009 a. 169; 2011 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.19 - Distribution methods and practices.

100.19
Distribution methods and practices.
(1)
The methods of distribution and practices in the distribution of food products and fuel shall be free from needless waste and needless duplication which tend to increase the cost of such products to the consuming public. Methods of distribution and practices in the distribution of food products and fuel, wherever such waste or duplication tends to increase the costs of such products to the consuming public, are hereby prohibited.
(2)
The department, after public hearing, may issue general orders forbidding methods of distribution or practices in distribution which are found by the department to cause waste or duplication as defined herein. The department, after public hearing, may issue general orders prescribing methods of distribution or practices in distribution which are found by the department to avoid waste or duplication as defined herein.
(3)
The department, after public hearing, may issue a special order against any person, enjoining such person from employing any method of distribution or practice in distribution which is found by the department to cause waste or duplication as defined herein. The department, after public hearing, may issue a special order against any person, requiring such person to employ the method of distribution or practice in distribution which is found by the department to avoid waste or duplication as defined herein.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.208 - Unfair trade practices in telecommunications.

100.208
Unfair trade practices in telecommunications.
(1)
In this section, “telecommunications provider" has the meaning given in s. 196.01 (8p).
(2)
The department shall notify the public service commission if any of the following conditions exists:
(a)
A telecommunications provider has been found by a court to have violated any provision of this chapter or of a rule promulgated under s. 100.20 (2) (a).
(b)
The department has issued an order under s. 100.20 (3) prohibiting a telecommunications provider from engaging in an unfair trade practice or method of competition.
History:  1993 a. 496; 1997 a. 229.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.24 - Revocation of corporate authority.

100.24
Revocation of corporate authority.
Any corporation, or limited liability company, foreign or domestic, which violates any order issued under s. 100.20 may be enjoined from doing business in this state and its certificate of authority, incorporation or organization may be canceled or revoked. The attorney general may bring an action for this purpose in the name of the state. In any such action judgment for injunction, cancellation or revocation may be rendered by the court, upon such terms as it deems just and in the public interest, but only upon proof of a substantial and willful violation.
History:  1981 c. 124; 1993 a. 112.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.261 - Consumer protection surcharge.

100.261
Consumer protection surcharge.
(1)
If a court imposes a fine or forfeiture for a violation of this chapter, ch. 98, a rule promulgated under this chapter or ch. 98, or an ordinance enacted under this chapter or ch. 98, the court shall also impose a consumer protection surcharge under ch. 814 in an amount equal to 25 percent of the fine or forfeiture imposed. If multiple violations are involved, the court shall base the consumer protection surcharge upon the total of the fine or forfeiture amounts for all violations. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the surcharge in proportion to the suspension.
(2)
If any deposit is made for a violation to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the consumer protection surcharge under this section. If the deposit is forfeited, the amount of the consumer protection surcharge shall be transmitted to the secretary of administration under sub. (3). If the deposit is returned, the consumer protection surcharge shall also be returned.
(3)
(a)
The clerk of court shall collect and transmit the consumer protection surcharges imposed under ch. 814 to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.
(b)
The secretary of administration shall deposit the consumer protection surcharges imposed under ch. 814 in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par. (c).
(c)
The amount credited to the appropriation account under s. 20.115 (1) (jb) may not exceed $185,000 in each fiscal year.
History:  1999 a. 9; 2001 a. 16; 2003 a. 33, 139, 326.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.263 - Recovery.

100.263
Recovery.
In addition to other remedies available under this chapter, the court may award the department the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation and the court may award the department of justice the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this chapter. The department and the department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department, the department of justice or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
History:  1995 a. 27; 1997 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.264 - Violations against elderly or disabled persons.

100.264
Violations against elderly or disabled persons.
(1)
Definitions. In this section:
(a)
“Disabled person" means a person who has an impairment of a physical, mental or emotional nature that substantially limits at least one major life activity.
(b)
“Elderly person" means a person who is at least 62 years of age.
(c)
“Major life activity" means self-care, walking, seeing, hearing, speaking, breathing, learning, performing manual tasks or being able to be gainfully employed.
(2)
Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under ch. 136 or 707 or s. 100.16, 100.17, 100.171, 100.174, 100.18, 100.182, 100.183, 100.195, 100.20, 100.203, 100.205, 100.207, 100.209, 100.21, 100.30 (3), 100.313, 100.315, 100.35, 100.44, 100.46, 100.52, 100.525, 100.55, 100.57, 100.65, 134.71, 134.72, 134.73, 134.87, 344.574, 344.576 (1), (2), or (3) (a) or (b), 344.577, or 344.578, or a provision of ch. 704 or 846 for which the department has rule-making, investigation, or enforcement authority, or a rule promulgated under one of those sections, chapters, or provisions, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the violation was imposed, was perpetrated against an elderly person or disabled person and if the court finds that any of the following factors is present:
(a)
The defendant knew or should have known that the defendant's conduct was perpetrated against an elderly person or disabled person.
(b)
The defendant's conduct caused an elderly person or disabled person to suffer any of the following:
1.
Loss or encumbrance of his or her primary residence.
2.
Loss of principal employment or principal source of income.
3.
Loss of more than 25 percent of the property that the elderly person or disabled person has set aside for retirement or for personal or family care or maintenance.
4.
Loss of more than 25 percent of the total of payments to be received under a pension or retirement plan.
5.
Loss of assets essential to the health or welfare of the elderly person or disabled person.
(c)
The defendant's conduct caused physical or emotional damage or economic loss, other than the losses specified in par. (b) 1. to 5., and elderly persons or disabled persons are more likely to suffer the loss than other persons due to their age, poor health, impaired understanding or restricted mobility.
(3)
Priority for restitution. If the court orders restitution under s. 100.171 (8), 100.173 (4) (a), 100.174 (7), 100.175 (7), 100.177 (15), 100.18 (11) (d), 100.182 (5) (a), 100.20 (6), 100.205 (7), 100.207 (6) (b) 1., 100.44 (5), or 134.87 (6) for a pecuniary or monetary loss suffered by a person, the court shall require that the restitution be paid by the defendant before the defendant pays any forfeiture imposed under this section.
History:  1995 a. 38; 2015 a. 252.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.265 - List of gasohol and alternative fuel refueling facilities.

100.265
List of gasohol and alternative fuel refueling facilities.
No later than December 31 annually, and at such other times as the department determines to be necessary, the department shall publish and transmit to the department of administration a list of all refueling facilities in the state at which gasohol, as defined in s. 16.045 (1) (d), or any alternative fuel, as defined in s. 16.045 (1) (b), is available. The list shall be organized by location and shall indicate which facilities are open to the public, which types of fuel are available at the facilities and which facilities are limited to use by certain employees or types of vehicles, and shall identify the employees or types of vehicles to which such use is limited.
History:  1993 a. 351.