reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.285 - Reduction of toxics in packaging.

100.285
Reduction of toxics in packaging.
(1)
Definition. In this section, “packaging component" means any individual assembled part of a package, including any interior or exterior blocking, bracing, cushioning, weatherproofing, coating, closure, ink or label.
(2)
Restriction. Except as provided in sub. (3), a manufacturer or distributor may not sell a package, packaging material or packaging component with a total concentration of lead, cadmium, mercury plus hexavalent chromium that exceeds:
(a)
Beginning on June 1, 1992, 600 parts per million.
(b)
Beginning on June 1, 1993, 250 parts per million.
(c)
Beginning on June 1, 1994, 100 parts per million.
(3)
Exceptions.
(a)
Before June 1, 1996, sub. (2) does not apply with respect to a package, packaging material or packaging component made from recycled materials.
(b)
Subsection (2) does not apply with respect to a package, packaging material or packaging component if a higher total concentration of lead, cadmium, mercury plus hexavalent chromium is necessary to meet federal health or safety requirements.
(c)
Subsection (2) does not apply with respect to a package, packaging material or packaging component for which there is no feasible alternative that satisfies the limitations in sub. (2).
(d)
Subsection (2) does not apply with respect to lead foil purchased and used on or before December 31, 1992, to wrap the opening of a bottle that contains intoxicating liquor, as defined in s. 125.02 (8), or to any package that contains intoxicating liquor, as defined in s. 125.02 (8), if the package was filled and sealed on or before December 31, 1992.
(5)
No penalty. A person who violates sub. (2) is not subject to a penalty.
(6)
Report. The department shall review the effectiveness of subs. (1) to (5) and shall report the results of the review, including a recommendation of whether enforcement provisions and penalties should be instituted, on or before June 1, 1993, to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2).
History:  1989 a. 335; 1991 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.29 - Sale of nonrecyclable materials.

100.29
Sale of nonrecyclable materials.
(1)
Definitions. In this section “new packaging" means packaging, including a container, made from a material or a combination of materials not used in any packaging, exclusive of any closure or label, that is in commerce in this state on or before May 11, 1990.
(3)
New packaging.
(a)
If the department receives a complaint that there is not an adequate market to make recycling of a type of new packaging economically feasible, the department shall investigate the complaint. If the department determines that the product has been in commerce in this state for at least 3 years and that the complaint is well-founded, it shall inform the manufacturer or distributor of the new packaging and attempt to ensure an adequate market within a reasonable period through negotiations.
(b)
The department shall identify by rule a type of new packaging for food or beverages to which all of the following apply:
1.
After at least 3 years in commerce in this state, there is not an adequate market to make recycling of the type of new packaging economically feasible.
2.
The department received a complaint under par. (a) about the type of new packaging material.
3.
Negotiations under par. (a) did not result in an adequate market.
(c)
The department shall promulgate rules for determining whether there is an adequate market to make recycling of new packaging economically feasible.
History:  1989 a. 335.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.295 - Labeling of recycled, recyclable or degradable products.

100.295
Labeling of recycled, recyclable or degradable products.
(1)
Labeling standards. The department shall establish standards that must be met by products in order for any person to represent that the products are recycled, recyclable or degradable. The department shall establish standards that are consistent, to the greatest extent practicable, with nationwide industry consensus standards. In developing standards, the department shall consult with the department of natural resources and the council on recycling and consider purchasing specifications under s. 16.72 (2) (e) and (f) and any existing federal standards. The department shall give priority to establishing standards for specific products commonly represented as being recycled, recyclable or degradable.
(2)
False advertising prohibited. No person may represent any product as being recycled, recyclable or degradable unless the product meets standards established under sub. (1).
(3)
Penalty. Any person who violates sub. (2) may be required to forfeit not less than $100 nor more than $10,000 for each violation.
History:  1989 a. 335.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.297 - Plastic container recycled content.

100.297
Plastic container recycled content.
(1)
Definition. In this section, “plastic container" means a plastic container, as defined in s. 100.33 (1) (c), that is required to be labeled under s. 100.33 (2).
(2)
Prohibition. Except as provided in sub. (3), no person may sell or offer for sale at retail any product in a plastic container unless the plastic container consists of at least 10 percent recycled or remanufactured material, by weight beginning on January 1, 1995.
(3)
Exception. Subsection (2) applies to a person who sells or offers to sell a product that is a food, beverage, drug, cosmetic or medical device and that is regulated under the federal food, drug and cosmetic act, 21 USC 301 to 394, in a plastic container only if the federal food and drug administration has approved the use of the specified recycled or remanufactured content in that plastic container.
History:  1989 a. 335; 1993 a. 245.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.305 - Prohibited selling practices during periods of abnormal economic disruption.

100.305
Prohibited selling practices during periods of abnormal economic disruption.
(1)
Definitions. In this section:
(a)
“Consumer goods or services" means goods or services that are used primarily for personal, family, or household purposes.
(b)
“Emergency" includes any of the following:
1.
A tornado, flood, fire, storm, or other destructive act of nature.
2.
A disruption of energy supplies to the degree that a serious risk is posed to the economic well-being, health, or welfare of the public.
3.
Hostile action.
4.
A strike or civil disorder.
(c)
“Hostile action" means an act of violence against a person or property in the United States by a foreign power or by a foreign or domestic terrorist.
(d)
“Period of abnormal economic disruption" means a period of time during which normal business transactions in the state or a part of the state are disrupted, or are threatened to be disrupted, due to an emergency.
(e)
“Seller" means a manufacturer, producer, supplier, wholesaler, distributor, or retailer.
(2)
Prohibition. No seller may sell, or offer to sell, in this state at wholesale or at retail, consumer goods or services at unreasonably excessive prices if the governor, by executive order, has certified that the state or a part of the state is in a period of abnormal economic disruption.
(3)
Rules. The department shall promulgate rules to establish formulas or other standards to be used in determining whether a wholesale or retail price is unreasonably excessive.
(4m)
Enforcement; penalty. If a seller violates sub. (2), the department or, after consulting with the department, the department of justice, may do any of the following:
(a)
Issue to the seller a warning notice specifying the action that the seller is required to take in order not to be in violation of sub. (2).
(b)
Commence an action against the seller in the name of the state to recover a civil forfeiture of not more $10,000 or to temporarily or permanently restrain or enjoin the seller from violating sub. (2), or both.
History:  2005 a. 450.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.307 - Returns during emergency; prohibition.

100.307
Returns during emergency; prohibition.
(1)
Definitions. In this section:
(a)
“Food product” has the meaning given in s. 93.01 (6).
(b)
“Personal care product” has the meaning given in s. 299.50 (1) (b).
(2)
Certain returns prohibited during emergency. Except as provided in sub. (3), no person who sells food products, personal care products, cleaning products, or paper products at retail may accept a return of a food product, personal care product, cleaning product, or paper product during the public health emergency declared on March 12, 2020, by executive order 72, or during the 30 days immediately after the public health emergency ends.
(3)
Exceptions. A person who sells food products, personal care products, cleaning products, or paper products at retail may accept a return of a food product, personal care product, cleaning product, or paper product if any of the following applies:
(a)
The product is returned no more than 7 days after purchase.
(b)
The product is adulterated within the meaning of s. 97.02 or defective as a result of a production error or defect.
(4)
Other returns allowed. A retailer may accept a return of a product that is not prohibited by sub. (2).
History: 2019 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.31 - Unfair discrimination in drug pricing.

100.31
Unfair discrimination in drug pricing.
(1)
Definitions. In this section:
(a)
“Drug" means any substance subject to 21 USC 353 (b).
(b)
“Purchaser" means any person who engages primarily in selling drugs directly to consumers.
(c)
“Seller" means any person who trades in drugs for resale to purchasers in this state.
(2)
Price discrimination prohibited. Every seller shall offer drugs from the list of therapeutically equivalent drugs published by the federal food and drug administration to every purchaser in this state, with all rights and privileges offered or accorded by the seller to the most favored purchaser, including purchase prices for similar volume purchases, rebates, free merchandise, samples and similar trade concessions. Nothing in this subsection prohibits the giving of a discount for volume purchases.
(3)
Treble damages. Any purchaser damaged by violation of this section may bring an action against the seller to recover treble damages sustained by reason of such violation.
(4)
Penalties. For any violation of this section, the department or a district attorney may commence an action on behalf of the state to recover a forfeiture of not less than $100 nor more than $10,000 for each offense. Each delivery of a drug sold to a purchaser at a price in violation of this section and each separate day in violation of an injunction issued under this section is a separate offense.
(5)
Special remedies. The department or a district attorney may bring an action to enjoin a violation of this section without being compelled to allege or prove that an adequate remedy at law does not exist. An action under this subsection may be commenced and prosecuted by the department or a district attorney, in the name of the state, in a circuit court in the county where the offense occurred or in Dane County, notwithstanding s. 801.50.
History:  1975 c. 168, 421, 422; 1983 a. 188, 189; 1993 a. 352.
State and local units of government are not “purchasers" under sub. (1), and sellers of drugs are not prohibited from offering or according to them pricing arrangements that are not made available to other purchasers. 65 Atty. Gen. 59.
“Most favored purchaser" under sub. (2) does not refer to purchasers outside Wisconsin. The constitutionality of this statute is upheld. K-S Pharmacies, Inc. v. American Home Products Corp., 962 F.2d 728 (1992).
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.335 - Child's containers containing bisphenol A.

100.335
Child's containers containing bisphenol A.
(1)
In this section, “child's container" means an empty baby bottle or spill-proof cup primarily intended by the manufacturer for use by a child 3 years of age or younger.
(2)
No person may manufacture or sell, or offer for sale, at wholesale in this state a child's container that contains bisphenol A. A manufacturer or wholesaler who sells or offers for sale in this state a child's container that is intended for retail sale shall ensure the container is conspicuously labeled as not containing bisphenol A. A manufacturer or wholesaler who sells or offers for sale in this state a child's container that is not intended for retail sale shall do one of the following:
(a)
Ensure that the container is conspicuously labeled as not containing bisphenol A.
(b)
Confirm to the buyer that the container does not contain bisphenol A.
(3)
No person may sell, or offer for sale, at retail in this state a child's container that contains bisphenol A. A person who sells or offers for sale at retail in this state a child's container shall ensure the container is conspicuously labeled as not containing bisphenol A.
(4)
(a)
The department may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of this section.
(b)
The department or a district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $100 nor more than $10,000 for each violation of sub. (2). A person who violates sub. (2) may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both.
(c)
The department or a district attorney may commence an action in the name of the state to recover a forfeiture to the state of not less than $50 nor more than $200 for each violation of sub. (3).
(d)
For purposes of this subsection, each child's container manufactured, sold, or offered for sale in violation of this section constitutes a separate violation.
(5)
The department may, after notice and opportunity for hearing under s. 93.18, order a manufacturer or seller of a child's container in violation of this section to recall the container or to repair any defects in a container that has been sold. No person may refuse to comply with an order under this subsection.
(6)
This section does not apply to the sale of a used child's container.
(7)
If a court imposes a fine or forfeiture for a violation of this section, the court shall impose a bisphenol A surcharge under ch. 814 equal to 50 percent of the amount of the fine or forfeiture.
History:  2009 a. 145.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.35 - Furs to be labeled.

100.35
Furs to be labeled.
(1)
No person shall sell or offer or display for sale any coat, jacket or other garment made wholly or partially of fur without having attached thereto and conspicuously displayed a tag or label bearing in plain print in English the species of fur or pelt used therein. This section shall not apply to such garments as are displayed or offered for sale or sold at a price of less than $50.
(2)
Any person violating this section shall be punished as in s. 100.26 (1).
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.36 - Frauds; substitute for butter; advertisement.

100.36
Frauds; substitute for butter; advertisement.
No person may use the word “butter" in any way in connection or association with the sale or exposure for sale or advertisement of any substance designed to be used as a substitute for butter. No person may use terms such as “cream", “creamery" or “dairy", or the name or representation of any breed of dairy cattle, or any combination of such words and representation, or any other words or symbols or combinations thereof commonly used in the sale of butter unless at least 40 percent of the substitute is butterfat. If the term “butter" is used in connection with the name of any such product, it shall be qualified so as to distinguish it from butter as defined in s. 97.01 (1r).
History:  1983 a. 189 s. 329 (20); 1991 a. 111; 2013 a. 374; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.38 - Antifreeze.

100.38
Antifreeze.
(1)
Definition. “Antifreeze" includes all substances intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines in order to prevent freezing of the cooling liquid, or to lower its freezing point.
(2)
Adulteration. An antifreeze is adulterated if:
(a)
It consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustion engine; or
(b)
It will make the operation of an engine dangerous to the user; or
(c)
Its strength, quality or purity falls below the standards represented.
(3)
Misbranding. An antifreeze shall be deemed to be misbranded if:
(a)
Its labeling is false or misleading in any particular; or
(b)
When in package form it does not bear a label containing the name and place of business of the manufacturer, packer, seller or distributor, together with an accurate statement of the quantity of the content in terms of weight and measure on the outside of the package; or
(c)
It does not bear a statement warning of any hazard of substantial injury to human beings which may result from the intended use or reasonably foreseeable misuse of the antifreeze, and which complies with the requirements of s. 100.37.
(5)
Inspection. The department shall enforce this section by inspection, chemical analyses or any other appropriate method and the department may promulgate such rules as are necessary to effectively enforce this section.
(6)
Enforcement. It is unlawful to sell any antifreeze which is adulterated or misbranded. In addition to the penalties provided under sub. (7), the department may bring an action to enjoin violations of this section.
(7)
Penalty. Any person violating this section may be fined not less than $50 or not more than $500 for each offense.
History:  1971 c. 40 s. 93; 1979 c. 89, 342.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.383 - Antifreeze; bittering required.

100.383
Antifreeze; bittering required.
(1)
Any engine coolant or antifreeze that is sold within this state and that contains more than 10 percent ethylene glycol, shall contain, as a bittering agent, denatonium benzoate in a concentration of not less than 30 parts per million nor more than 50 parts per million.
(2)
A manufacturer of an engine coolant or antifreeze described in sub. (1) shall maintain a record of the trade name, scientific name, and active ingredients of any bittering agent used in the engine coolant or antifreeze, and shall make the record available to the public upon request.
(3)
Notwithstanding s. 100.38, a manufacturer, processor, distributor, recycler, or seller of an engine coolant or antifreeze that is described in sub. (1) is not liable to any person for any personal injury, death, property damage, environmental damage, including damage to natural resources, or economic loss caused by the inclusion of denatonium benzoate in the engine coolant or antifreeze, if the denatonium benzoate is present in a concentration required in sub. (1).
(4)
This section does not apply to the sale of a motor vehicle that contains engine coolant or antifreeze or to antifreeze sold in containers with a capacity of 55 gallons or more.
(5)
A person who violates this section may be imprisoned in the county jail for not more than 90 days or fined not more than $1,500 or both.
History:  2009 a. 381.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.41 - Flammable fabrics.

100.41
Flammable fabrics.
(1)
Definitions. In this section:
(a)
“Article of wearing apparel" means any costume or article of clothing worn or designed to be worn by individuals.
(b)
“Clear and present hazard" means a hazard found by the department to constitute a demonstrable danger to human safety, life or property.
(c)
“Fabric" means any material woven, knitted, felted or otherwise produced from or in combination with any natural or synthetic fiber, film or substitute therefor which is manufactured or designed for use and may reasonably be expected to be used in any product or to cover any product.
(d)
“Federal act" means the federal flammable fabrics act, 15 USC 1191 et seq.
(e)
“Furnishing" means any type of furnishing made in whole or in part of fabric or related material and which is manufactured or designed for use and may reasonably be expected to be used in or around homes, offices or other places of assembly or accommodation.
(f)
“Product" means any article of wearing apparel, fabric or furnishing, including tents, awnings and knapsacks.
(g)
“Related material" means paper, plastic, rubber, synthetic film or synthetic foam which is manufactured or designed for use or which may reasonably be expected to be used in or on any product.
(2)
Standards of flammability. The department may by rule prescribe standards of flammability that have been promulgated pursuant to the federal act.
(3)
Prohibited acts. No person may manufacture for sale, sell or offer for sale in this state any furnishing, product, fabric or related material in violation of this section or of any standards or rules adopted by the department under this section, or which fails to conform with applicable standards under the federal act.
(4)
Rules. In addition to standards of flammability, the department may by rule prescribe labeling requirements that have been established by rules promulgated pursuant to the federal act, and may ban the sale of any product or material if it finds that its flammability is such as to constitute a clear and present hazard to personal safety or property.
(5)
Removal from sale. The department may summarily ban the sale or distribution of any furnishing, fabric, product or related material if it finds that the hazard of flammability is so great that such hazard should not be permitted to continue prior to the time a hearing can be held. The department shall follow the procedure specified in s. 93.18 (3).
History:  1975 c. 117.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.44 - Identification and notice of replacement part manufacturer.

100.44
Identification and notice of replacement part manufacturer.
(1)
Definitions. In this section:
(a)
“Motor vehicle" means any motor-driven vehicle required to be registered under ch. 341 or exempt from registration under s. 341.05 (2), including a demonstrator or executive vehicle not titled or titled by a manufacturer or a motor vehicle dealer. “Motor vehicle" does not mean a moped, semitrailer or trailer designed for use in combination with a truck or truck tractor.
(b)
“Replacement part" means a replacement for any of the nonmechanical sheet metal or plastic parts that generally constitute the exterior of a motor vehicle, including inner and outer panels.
(2)
Identification on replacement part. A replacement part that is not made by or for a person who manufactures motor vehicles shall have the logo or name of the manufacturer of the replacement part affixed to or inscribed on the replacement part. The logo or name shall be placed on the replacement part so that to the extent practicable it is visible after installation.
(3)
Sale of unlabeled replacement parts. On or after January 1, 1993, no person may sell in this state or deliver for sale in this state a replacement part that is not made by or for a person who manufactures motor vehicles unless the replacement part identifies its manufacturer as required under sub. (2).
(4)
Penalty. Any person who violates sub. (3) may be required to forfeit not more than $500 for each violation. Each day of violation constitutes a separate offense.
(5)
Enforcement. For any violation of sub. (3), the department may, on behalf of the state, bring an action in any court of competent jurisdiction for the recovery of forfeitures authorized under sub. (4), for temporary or permanent injunctive relief and for any other appropriate relief. The court may make any order or judgment that is necessary to restore to any person any pecuniary loss suffered because of a violation of sub. (3) if proof of the loss is shown to the satisfaction of the court.
History:  1991 a. 176.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.46 - Energy consuming products.

100.46
Energy consuming products.
(1)
Energy conservation standards. The department may by rule adopt energy conservation standards for products that have been established in or promulgated under 42 USC 6291 to 6309.
(2)
Prohibited acts; enforcement. No person may sell at retail, install or cause to be installed any product that is not in compliance with rules promulgated under sub. (1). In addition to other penalties and enforcement procedures, the department may apply to a court for a temporary or permanent injunction restraining any person from violating a rule adopted under sub. (1).
History:  1993 a. 414.
NOTE:  1993 Wis. Act 414, which creates this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.47 - Sales of farm equipment.

100.47
Sales of farm equipment.
(1)
Definition. In this section, “farm equipment" means a tractor or other machinery used in the business of farming.
(2)
Safety equipment required. No person in the business of selling farm equipment may sell farm equipment unless, at the time of sale, the farm equipment is equipped with all of the following:
(a)
A power takeoff master shield, if a tractor.
(b)
A power takeoff driveline shield extending to the 2nd universal joint, if farm equipment powered by a tractor.
(c)
Lights, reflectors, and other marking devices meeting the applicable requirements under ch. 347 at the time the farm equipment was manufactured, if farm equipment that can be operated on a highway.
(d)
A slow moving vehicle emblem meeting standards and specifications established under s. 347.245, if farm equipment that can be operated on a highway.
(3)
Disclosure.
(a)
If farm equipment subject to sub. (2) (b) is equipped with a power takeoff shield that is not equivalent to the shield installed at the time of manufacture, the person who sells the farm equipment shall so notify the buyer in writing.
(b)
No person in the business of selling farm equipment may sell farm equipment that can be operated on a highway unless, at the time of sale, the person who sells the farm equipment discloses to the buyer in writing the gross vehicle weight and axle weights of the unladen farm equipment at the point of sale.
(4)
Exceptions. Subsections (2) and (3) (b) do not apply to:
(a)
Sales of farm equipment to another person in the business of selling farm equipment for the purpose of resale.
(b)
Sales of farm equipment for the purpose of salvage.
(c)
Sales by auction, unless the auctioneer holds title to the farm equipment being sold.
(5)
Penalty. Any person who violates this section may be required to forfeit not more than $500 for each violation.
History:  1993 a. 455; 1993 a. 491 s. 142; Stats. 1993 s. 100.47; 2013 a. 377; 2015 a. 15, 232.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.50 - Products containing or made with ozone-depleting substances.

100.50
Products containing or made with ozone-depleting substances.
(1)
Definitions. In this section:
(a)
“Class I substance" has the meaning given in 42 USC 7671 (3).
(b)
“Class II substance" has the meaning given in 42 USC 7671 (4).
(2)
Product labeling. Beginning on August 1, 1994, no person may represent in advertising or on a label that any product that the person manufactures, packages, distributes or sells is “ozone friendly" or use any similar description that implies that the product does not contribute to the depletion of stratospheric ozone if the product contains or is made with a class I substance or a class II substance.
(3)
Sale of portable fire extinguishers. Beginning on August 1, 1994, no person may sell or offer to sell a portable fire extinguisher that contains a class I substance except for use by a commercial user.
(4)
Fire-extinguishing products. Beginning on January 1, 1995, a person may make, package, sell or offer to sell a fire-extinguishing product that contains a class I substance only if the class I substance has been recycled or reclaimed and, in the case of a sale or offer to sell, if sale of the product is not prohibited under sub. (3).
(5)
Return to manufacturer. After the sale of a product is prohibited under sub. (3) or (4), a retailer that purchased the product from the manufacturer for resale before the date on which the prohibition takes effect may return the product to the manufacturer and the manufacturer shall refund the purchase price to the retailer.
(6)
Penalty; enforcement.
(a)
Any person who violates sub. (2), (3) or (4) shall be required to forfeit not less than $250 nor more than $1,000. Each day on which a person sells or offers to sell in violation of one of those provisions constitutes a separate offense.
(am)
If a court imposes a forfeiture under par. (a) on a person for a violation of sub. (2), (3) or (4), the court may order the person to accept the return of the product that is the subject of the violation and to refund the purchase price to the purchaser of that product.
(b)
In lieu of or in addition to the remedy under par. (a), the department may seek an injunction restraining any person from violating this section.
(c)
The department, or any district attorney upon the request of the department, may commence an action in the name of the state under par. (a) or (b).
History:  1993 a. 243; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 100 - Marketing; trade practices. › 100.53 - Vehicle rentals; title and registration fees.

100.53
Vehicle rentals; title and registration fees.
(1)
In this section:
(ag)
“Government fee" means any fee charged by a rental company to recover the cost of any fee or charge that is imposed by a government, airport or other transportation authority, or any other government agent that is deemed applicable to the rental of private vehicles in this state.
(am)
“Rental company" has the meaning given in s. 344.51 (1g) (c).
(b)
“Title or registration fee" means a fee charged by a rental company to recover the cost of registering or obtaining a certificate of title.
(2)
No rental company may disseminate or make in this state an advertisement or representation that includes a statement of the rental rate for a private passenger vehicle, as defined in s. 344.57 (4), that is available for rent from a location in this state, unless one of the following applies:
(a)
The statement of the rental rate includes the amount of any title or registration fee or government fee charged by the rental company.
(b)
The advertisement or representation includes a statement that the customer must pay a title or registration fee or government fee, and the rental company notifies a customer of the amount of the title or registration fee or government fee before the customer enters into an agreement with the rental company.
History:  2005 a. 25, 173, 254.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.022 - Certain laws applicable to occupational licenses.

101.022
Certain laws applicable to occupational licenses.
Sections 440.03 (1), (3m), (4), (11m), and (13) (a), (am), and (b) 75., 440.05 (1) (a) and (2) (b), 440.075, 440.09 (2), 440.11, 440.12, 440.121, 440.13, 440.14, 440.15, 440.19, 440.20 (1), (3), (4) (a), and (5) (a), 440.205, 440.21, and 440.22, and the requirements imposed on the department under those statutes, apply to occupational licenses, as defined in s. 101.02 (1) (a) 2., in the same manner as those statutes apply to credentials, as defined in s. 440.01 (2) (a).
History:  2017 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.023 - Commercial building code council duties.

101.023
Commercial building code council duties.
The commercial building code council shall review the rules relating to constructing, altering, adding to, repairing, and maintaining public buildings and buildings that are places of employment. The council shall consider and make recommendations to the department pertaining to these rules and any other matters related to constructing, altering, adding to, repairing, and maintaining public buildings and buildings that are places of employment. In preparing rules under this chapter that relate to public buildings and to buildings that are places of employment, the department shall consult with the commercial building code council.
History:  2013 a. 270; 2015 a. 29; 2017 a. 366.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.025 - Ventilation requirements for public buildings and places of employment.

101.025
Ventilation requirements for public buildings and places of employment.
(1)
Notwithstanding s. 101.02 (1) (b) and (15), any rule that requires the intake of outside air for ventilation in public buildings or places of employment shall establish minimum quantities of outside air that must be supplied based upon the type of occupancy, the number of occupants, areas with toxic or unusual contaminants, and other pertinent criteria determined by the department. The department shall set standards where the mandatory intake of outside air may be waived. The department may waive the requirement for the intake of outside air where the owner has demonstrated that the resulting air quality is equivalent to that provided by outdoor air ventilation. The department may not waive the mandatory intake of outside air unless smoking is prohibited in the building or place of employment. In this subsection, “smoking" means carrying any lighted tobacco product.
(2)
In the case where the intake of outside air is waived, any person may file a written complaint with the department requesting the enforcement of ventilation requirements for the intake of outside air for a particular public building or place of employment. The complaints shall be processed in the same manner and be subject to the same procedures as provided in s. 101.02 (6) (e) to (i) and (8).
(3)
The department may order the owner of any public building or place of employment which is the subject of a complaint under sub. (2) to comply with ventilation requirements adopted under sub. (1) unless the owner can verify, in writing, that the elimination of the provision for outside air in the structure in question does not impose a significant detriment to the employees or frequenters of the structure and that the health, safety and welfare of the occupants is preserved. Upon receipt of a written verification from the owner, the department shall conduct an investigation, and the department may issue an order to comply with ventilation requirements under sub. (1) if it finds that the health, safety and welfare of the employees or frequenters of the structure in question is best served by reinstating the ventilation requirements for that structure.
(4)
For ventilation systems in public buildings and places of employment, the department shall adopt rules setting:
(a)
A maximum rate of leakage allowable from outside air dampers when the dampers are closed.
(b)
Maintenance standards for ventilation systems in public buildings and places of employment existing on April 30, 1980.
(5)
To the extent that the historic building code applies to the subject matter of this section, this section does not apply to a qualified historic building if the owner elects to be subject to s. 101.121.
History:  1979 c. 221; 1981 c. 341; 2017 a. 331.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.027 - Energy conservation code for public buildings and places of employment.

101.027
Energy conservation code for public buildings and places of employment.
(1)
In this section, “energy conservation code" means the energy conservation code promulgated by the department that sets design requirements for construction and equipment for the purpose of energy conservation in public buildings and places of employment.
(2)
The department shall review the energy conservation code and shall promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under s. 227.19. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including the International Energy Conservation Code or an energy efficiency code other than the International Energy Conservation Code if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry.
(3)
(a)
The department shall begin a review under sub. (2) whenever one of the following occurs:
1.
A revision of the International Energy Conservation Code is published.
2.
Three years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code.
(b)
The department shall complete a review under sub. (2) as follows:
1.
If the department begins a review under sub. (2) because a revision of the International Energy Conservation Code is published, the department shall complete its review of the energy conservation code, as defined in sub. (1), and submit to the legislature proposed rules changing the energy conservation code, as defined in sub. (1), no later than 18 months after the date on which the revision of the International Energy Conservation Code is published.
2.
If the department begins a review under sub. (2) because 3 years have passed from the date on which the department last submitted to the legislature proposed rules changing the energy conservation code, the department shall complete its review of the energy conservation code and submit to the legislature proposed rules changing the energy conservation code no later than 9 months after the last day of the 3-year period.
History:  1993 a. 242; 2005 a. 141.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.03 - Testimonial powers of secretary and deputy.

101.03
Testimonial powers of secretary and deputy.
The secretary or any deputy secretary may certify to official acts, and take testimony.
History:  1971 c. 228 s. 21; Stats. 1971 s. 101.03; 1977 c. 29; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.053 - Recreational and educational camps.

101.053
Recreational and educational camps.
(1)
In this section, “recreational and educational camp” means a premises, including temporary and permanent structures, that is operated as an overnight living quarters where both food and lodging or facilities for food and lodging are provided for children or adults or both children and adults for a planned program of recreation or education, and that is offered free of charge or for payment of a fee by a person or by the state or a local unit of government. “Recreational and educational camp" does not include any of the following:
(a)
An overnight planned program of recreation or education for adults or families at an establishment holding a current retail food establishment license issued under s. 97.30 or lodging license issued under s. 97.605.
(b)
An overnight planned program of recreation or education for fewer than 4 consecutive nights and without permanent facilities for food and lodging.
(c)
An overnight planned program for credit at an accredited academic institution of higher education.
(d)
A tournament, competition, visitation, recruitment, campus conference, or professional sports team training camp.
(2)
The department shall promulgate rules revising the commercial building code to establish separate standards for the construction and inspection of recreational and educational camps. The standards established in the rules shall take into account the uses, including seasonal use, that are unique to recreational and educational camps.
History: 2019 a. 130; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.111 - Excavations; protection of adjoining property and buildings.

101.111
Excavations; protection of adjoining property and buildings.
(1)
Definition. In this section “excavator" means any owner of an interest in land making or causing to be made an excavation.
(2)
Cave-in prevention. Any excavator shall protect the excavation site in such a manner so as to prevent the soil of adjoining property from caving in or settling.
(3)
Liability for underpinning and foundation extensions.
(a)
If the excavation is made to a depth of 12 feet or less below grade, the excavator may not be held liable for the expense of any necessary underpinning or extension of the foundations of buildings on adjoining properties.
(b)
If the excavation is made to a depth in excess of 12 feet below grade, the excavator shall be liable for the expense of any necessary underpinning or extension of the foundations of any adjoining buildings below the depth of 12 feet below grade. The owners of adjoining buildings shall be liable for the expense of any necessary underpinning or extension of the foundations of their buildings to the depth of 12 feet below grade.
(4)
Notice. Unless waived by adjoining owners, at least 30 days prior to commencing the excavation the excavator shall notify, in writing, all owners of adjoining buildings of his or her intention to excavate. The notice shall state that adjoining buildings may require permanent protection. The owners of adjoining property shall have access to the excavation site for the purpose of protecting their buildings.
(5)
Employees not liable. No worker who is an employee of an excavator may be held liable for his or her employer's failure to comply with this section.
(6)
Failure to comply; injunction. If any excavator fails to comply with this section, any aggrieved person may commence an action to obtain an order under ch. 813 directing such excavator to comply with this section and restraining the excavator from further violation thereof. If the aggrieved person prevails in the action, he or she shall be reimbursed for all his or her costs and disbursements together with such actual attorney fees as may be approved by the court.
History:  1977 c. 88; 2017 a. 365.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.1206 - Erosion control; construction of public buildings and buildings that are places of employment.

101.1206
Erosion control; construction of public buildings and buildings that are places of employment.
(1)
The department shall establish statewide standards for erosion control at building sites that have a land disturbance that is less than one acre in area and that are for the construction of public buildings and buildings that are places of employment.
(2)
The department shall require the submission of plans for erosion control at construction sites described in sub. (1) to the department or to a county, city, village, or town to which the department has delegated authority under sub. (4) and shall require approval of those plans by the department or the county, city, village, or town.
(3)
The department shall require inspection of erosion control activities and structures at construction sites described in sub. (1) by the department or a county, city, village, or town to which the department has delegated authority under sub. (4).
(4)
The department may delegate authority under this section to a county, city, village or town.
(5)
Except as provided in sub. (5m), the authority of a county, city, village, or town with respect to erosion control at sites described in sub. (1) is limited to that authority delegated under sub. (4) and any other authority provided in rules promulgated under this section.
(5m)
Notwithstanding subs. (1) and (5), a county, city, village, or town that has in effect on January 1, 1994, an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment may continue to administer and enforce that ordinance if the standards in the ordinance are more stringent than the standards established under sub. (1).
(6)
The department, or a county, city, village, or town to which the department delegates the authority to act under this subsection, may issue a special order directing the immediate cessation of work on a construction site described in sub. (1) until any required plan approval is obtained or until the site complies with standards established by rules promulgated under this section.
(7)
The department shall promulgate rules for the administration of this section.
History:  2011 a. 32 ss. 2331, 2898c to 2905; Stats. 2011 s. 101.1206; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 101 - Department of safety and professional services — regulation of industry, buildings and safety. › 101.1215 - Abrasive cleaning of historic buildings.

101.1215
Abrasive cleaning of historic buildings.
(1)
In this section:
(a)
“Abrasive cleaning method" means any cleaning procedure that uses any of the following materials or tools:
1.
Abrasive materials, including sand, glass beads, ground slag, volcanic ash, crushed nutshells, rice husks, ground corncobs or crushed eggshells, carried in high-pressure or low-pressure air or water.
2.
High-pressure water.
(b)
“Qualified historic building" has the meaning given in s. 101.121 (2) (c).
(2)
No person may use an abrasive cleaning method on the exterior of qualified historic buildings, except as authorized by department rule.
(3)
The department, in consultation with the state historical society and the department of administration, shall promulgate rules on the use of abrasive cleaning methods on the exterior of qualified historic buildings. The department may permit the use of any specific abrasive cleaning method on any specific building material only if it determines that the abrasive cleaning method will not cause irreparable damage to the building material to which it is applied.
(4)
(a)
Any person who uses an abrasive cleaning method in violation of this section may be required to forfeit not less than $100 nor more than $1,000 for each offense. Each day of continued violation constitutes a separate offense.
(b)
Any owner of a qualified historic building who causes or permits the use of an abrasive cleaning method in violation of this section may be required to forfeit not less than $100 nor more than $1,000 for each offense. Each day of continued violation constitutes a separate offense.
History:  1993 a. 471.