reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 132 - Motor vehicle repair › Section ATCP 132.05 - Estimated completion date

Current through June 24, 2024
(1) Before a shop
				starts any repairs for which the shop has accepted a prepayment of $250 or
				more, a shop representative shall give the customer an oral or written estimate
				of the repair completion date and shall record that estimated completion date
				on the repair order.
(2) If a shop
				is required to give an estimated completion date under sub. (1) but fails to do
				so, the estimated completion date is the same date that the motor vehicle,
				component, part or accessory is delivered to the shop for repair.
If a shop is required to provide an estimated completion
					 date, the shop must record the estimated completion date either on the repair
					 order or on a separate document attached to the repair order. If the estimated
					 completion date is recorded on a separate document, the separate document shall
					 include the repair order number or other information which uniquely identifies
					 the document with the repair order.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 132 - Motor vehicle repair › Section ATCP 132.06 - Additional authorization

Current through June 24, 2024
(1) ADDITIONAL
				REPAIRS; AUTHORIZATION REQUIRED.
(a) Before a
				shop starts any additional repairs, beyond those previously authorized by the
				customer, a shop representative shall contact the customer by telephone or
				other means, and shall provide the customer with all of the following:
1. A description of the proposed additional
				repairs.
2. A good faith estimate
				of the price for the proposed additional repairs.
3. A good faith estimate of the total repair
				price, including the previously authorized repairs and the additional
				repairs.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 132 - Motor vehicle repair › Section ATCP 132.07 - Replaced parts; return or inspection

Current through June 24, 2024
(1) GENERAL
				REQUIREMENT. If a shop replaces or permanently removes any components, parts or
				accessories from a customer's motor vehicle as part of a repair, the shop shall
				return those components, parts or accessories to the customer if, before the
				shop starts the repair, the customer requests the return of those components,
				parts or accessories.
(2)
				EXEMPTION. If a shop is required to return a replaced component, part or
				accessory under a warranty or exchange agreement, the shop need not return that
				component, part or accessory to a requesting customer under sub. (1), provided
				the shop makes the requested component, part or accessory available for the
				customer's inspection before the shop returns the motor vehicle to the
				customer.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 132 - Motor vehicle repair › Section ATCP 132.08 - Repair invoice

Current through June 24, 2024
A shop shall prepare an invoice covering every repair made by
				  the shop. The shop shall provide the customer with a complete and accurate copy
				  of the repair invoice before the shop returns the customer's motor vehicle to
				  the customer. The repair invoice shall clearly and conspicuously disclose all
				  of the following:
(1) The name and
				address of the shop.
(2) The name
				and address of the customer.
(3)
				The date on which the repaired motor vehicle, component, part or accessory is
				tendered back to the customer.
(4)
				The model, make and license number of the motor vehicle, if the motor vehicle
				has been in the shop's possession.
(5) The odometer reading when the motor
				vehicle was received by the shop, if the motor vehicle has been in the shop's
				possession.
(6) The price for the
				repairs, stated as the total price or as separate total prices for parts and
				labor.
(7) An itemized description
				of the labor, parts, components and accessories supplied in connection with the
				repairs, including items supplied without cost or at reduced cost because of a
				shop or manufacturer's warranty. If units of labor time based on flat rate
				average time are stated on the invoice, the actual labor time shall also be
				stated.
(8) If any item under sub.
				(7) carries a warranty from the shop or manufacturer, a statement or notation
				indicating that fact.
(9) If any
				item under sub. (7) is used, rebuilt, recycled or reconditioned, a statement or
				notation indicating that fact.
(10)
				The identity of each person performing the repairs, including the name of any
				shop that performed all or part of the repairs as a subcontractor. If a shop
				employs more than 10 repair personnel who work in teams, the repair invoice may
				specify the name of the team leader whose team performed the repairs, instead
				of the individuals who performed the repairs, provided the shop keeps records
				indicating which team members worked on each repair.
(11) The following statement, printed
				verbatim: "Motor vehicle repair practices are regulated by chapter
				ATCP
				132, Wis. Adm. Code, administered by the Bureau of
				Consumer Protection, Wisconsin Dept. of Agriculture, Trade and Consumer
				Protection, P.O. Box 8911, Madison, Wisconsin 53708-8911."
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 132 - Motor vehicle repair › Section ATCP 132.09 - Prohibited practices

Current through June 24, 2024
(1) No shop may knowingly underestimate
				either of the following:
(a) The price of
				repairs.
(b) The time required to
				complete the repairs.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 132 - Motor vehicle repair › Section ATCP 132.10 - Repair records

Current through June 24, 2024
(1) A shop shall keep all of the following
				repair records:
(a) The repair order and
				repair invoice for each repair, including any additional authorization
				documents.
(b) Records identifying
				the individual repair personnel who worked on each repair.
(c) Invoices for motor vehicle parts,
				components and accessories purchased by the shop.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 132 - Motor vehicle repair › Section ATCP 132.11 - Waivers

Current through June 24, 2024
(1) A customer who owns or leases a fleet of
				at least 4 motor vehicles may sign a written blanket waiver which waives that
				customer's rights under ss.
				ATCP
				132.04 to 132.06 in repair transactions involving
				those vehicles. A waiver under this subsection may be revoked at any time, at
				the discretion of the customer.
(2)
				Neither a fleet waiver under sub. (1) nor a customer's choice of estimate
				alternative 3 under s.
				ATCP
				132.04(2) is effective unless the
				customer signs the waiver or estimate alternative voluntarily and with
				knowledge of its meaning.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 134 - Residential Rental Practices › Section ATCP 134.01 - Scope and application

Current through June 24, 2024
This chapter is adopted under authority of s.
				  100.20,
				  Stats. This chapter applies to the rental of dwelling units located in this
				  state, but does not apply to the rental or occupancy of any of the
				  following:
(1) A dwelling unit
				operated by a public or private institution if occupancy is incidental to
				detention or the provision of medical, geriatric, educational, counseling,
				religious or similar services.
(2)
				A dwelling unit occupied by a member of a fraternal or social organization
				which operates that dwelling unit.
(3) A dwelling unit occupied, under a
				contract of sale, by the purchaser of the dwelling unit or the purchaser's
				successor in interest.
(4) A
				dwelling unit, such as a dwelling unit in a hotel, motel or boarding house,
				that is being rented only by tourist or transient occupants.
(5) A dwelling unit which the landlord
				provides free of charge to any person, or which the landlord provides as
				consideration to a person whom the landlord currently employs to operate or
				maintain the premises.
(6) A
				dwelling unit occupied by a tenant who is engaged in commercial agricultural
				operations on the premises.
(7) A
				dwelling unit owned and operated by government, or a subdivision or agency of
				government.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 134 - Residential Rental Practices › Section ATCP 134.03 - Rental agreements and receipts

Current through June 24, 2024
(1) COPIES OF
				RENTAL AGREEMENTS, RULES. Rental agreements and rules and regulations
				established by the landlord, if in writing, shall be furnished to prospective
				tenants for their inspection before a rental agreement is entered into, and
				before any earnest money or security deposit is accepted from the prospective
				tenant. Copies shall be given to the tenant at the time of agreement.
(2) RECEIPTS FOR TENANT PAYMENTS.
(a) Immediately upon accepting any earnest
				money or security deposit, the landlord shall provide the tenant or prospective
				tenant with a written receipt for the deposit, stating the nature of the
				deposit and its amount. A receipt is not required where payment is made by
				check bearing a notation describing the purpose for which it was given, unless
				requested by the tenant.
(b) If a
				tenant pays rent in cash, the landlord upon receiving the cash payment shall
				provide the tenant with a written receipt stating the nature and amount of the
				payment. A landlord is not required to provide a receipt for rent payments made
				by check.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 134 - Residential Rental Practices › Section ATCP 134.04 - Disclosure requirements

Current through June 24, 2024
(1) IDENTIFICATION
				OF LANDLORD OR AUTHORIZED AGENTS.
(a) The
				landlord shall, except as provided under par. (c), disclose to the tenant in
				writing, at or before the time a rental agreement is entered into, the name and
				address of:
1. The person or persons
				authorized to collect or receive rent and manage and maintain the premises, and
				who can readily be contacted by the tenant; and
2. The owner of the premises or other person
				authorized to accept service of legal process and other notices and demands on
				behalf of the owner. The address disclosed under this subdivision shall be an
				address within the state at which service of process can be made in
				person.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 134 - Residential Rental Practices › Section ATCP 134.05 - Earnest money deposits and credit check fees

Current through June 24, 2024
(1) ACCEPTING AN
				EARNEST MONEY DEPOSIT. A landlord may not accept an earnest money deposit or
				security deposit from a rental applicant until the landlord identifies to the
				applicant the dwelling unit or units for which that applicant is being
				considered for tenancy.
Note:
A credit check fee authorized under sub.
				  (4) is not an "earnest money deposit" or a "security deposit." See definition
				  of "earnest money deposit" under s.
				  ATCP
				  134.02(3).
(2) REFUNDING OR CREDITING AN EARNEST MONEY
				DEPOSIT.
(a) A landlord who receives an
				earnest money deposit from a rental applicant shall send the full deposit to
				the applicant by first-class mail, or shall deliver the full deposit to the
				applicant, by the end of the next business day after any of the following
				occurs:
1. The landlord rejects the rental
				application or refuses to enter into a rental agreement with the
				applicant.
2. The applicant
				withdraws the rental application before the landlord accepts that
				application.
3. The landlord fails
				to approve the rental application by the end of the third business day after
				the landlord accepts the applicant's earnest money deposit, or by a later date
				to which the tenant agrees in writing. The later date may not be more than 21
				calendar days after the landlord accepts the earnest money deposit.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 134 - Residential Rental Practices › Section ATCP 134.06 - Security deposits

Current through June 24, 2024
(1) CHECK-IN PROCEDURES; PRE-EXISTING
				DAMAGES.
(a) Before a landlord accepts a
				security deposit, or converts an earnest money deposit to a security deposit
				under s.
				ATCP
				134.05, the landlord shall notify the tenant in
				writing that the tenant may do any of the following by a specified deadline
				date which is not less than 7 days after the start of tenancy:
1. Inspect the dwelling unit and notify the
				landlord of any preexisting damages or defects.
2. Request a list of physical damages or
				defects, if any, charged to the previous tenant's security deposit. The
				landlord may require the tenant to make this request, if any, in
				writing.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 134 - Residential Rental Practices › Section ATCP 134.07 - Promises to repair

Current through June 24, 2024
(1) DATE OF COMPLETION. Every promise or
				representation made by a landlord to a tenant or prospective tenant to the
				effect that the dwelling unit or any other portion of the premises, including
				furnishings or facilities, will be cleaned, repaired or otherwise improved by
				the landlord shall specify the date or time period on or within which the
				cleaning, repairs or improvements are to be completed.
(2) INITIAL PROMISES IN WRITING. All promises
				made before the initial rental agreement shall be in writing with a copy
				furnished to the tenant.
(3)
				PERFORMANCE; UNAVOIDABLE DELAYS. No landlord shall fail to complete the
				promised cleaning, repairs or improvements on the date or within the time
				period represented under sub. (1), unless the delay is for reason of labor
				stoppage, unavailability of supplies or materials, unavoidable casualties, or
				other causes beyond the landlord's control. The landlord shall give timely
				notice to the tenant of reasons beyond the landlord's control for any delay in
				performance, and stating when the cleaning, repairs or improvements will be
				completed.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 134 - Residential Rental Practices › Section ATCP 134.08 - Prohibited rental agreement provisions - rental agreement that contains certain provisions is void

Current through June 24, 2024
Notwithstanding s.
				  704.02,
				  Stats., a rental agreement is void and unenforceable if it does any of the
				  following:
(1)Allows a landlord to do
				any of the following because a tenant has contacted an entity for law
				enforcement services, health services, or safety services:
(a) Increase rent.
(b) Decrease services.
(c) Bring an action for possession of the
				premises.
(d) Refuse to renew a
				rental agreement
(e) Threaten to
				take any action under pars. (a) to (d).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 134 - Residential Rental Practices › Section ATCP 134.09 - Prohibited practices

Current through June 24, 2024
(1) ADVERTISING OR RENTAL OF CONDEMNED
				PREMISES. No landlord may rent or advertise for rent any premises which have
				been placarded and condemned for human habitation, or on which a notice of
				intent to placard and condemn, or an order to raze, or to rehabilitate or raze,
				or any similar order has been received under state or local laws or ordinances,
				until and unless all repairs required to bring the property into compliance
				with the laws or ordinances have been completed.
(2) UNAUTHORIZED ENTRY.
(a) Except as provided under par. (b) or (c),
				no landlord may do any of the following:
1.
				Enter a dwelling unit during tenancy except to inspect the premises, make
				repairs, or show the premises to prospective tenants or purchasers, as
				authorized under s.
				704.05(2),
				Stats. A landlord may enter for the amount of time reasonably required to
				inspect the premises, make repairs, or show the premises to prospective tenants
				or purchasers.
2. Enter a dwelling
				unit during tenancy except upon advance notice and at reasonable times. Advance
				notice means at least 12 hours advance notice unless the tenant, upon being
				notified of the proposed entry, consents to a shorter time period.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 134 - Residential Rental Practices › Section ATCP 134.10 - Effect of rules on local ordinances

Current through June 24, 2024
(1) This chapter
				does not prohibit or nullify any local government ordinance with which it is
				not in direct conflict as provided in sub. (2).
(2) In the event of any direct conflict
				between this chapter and any local government ordinance, such that compliance
				with one can only be achieved by violating the other, this chapter shall be
				controlling.
(3) Compliance with
				local government ordinances shall not relieve any person from the duty of
				complying with this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 136 - Mobile Air Conditioners; Reclaiming Or Recycling Refrigerant › Section ATCP 136.01 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Approved refrigerant reclamation
				facility" means a reclamation facility certified by the United States
				environmental protection agency under
				40 CFR
				82.164.
Note:
You may obtain a list of approved
				  reclamation facilities by writing to Weights and Measures Bureau, P.O. Box
				  8911, Madison, WI 53708-8911.
(5) "Buy" or "purchase" means to acquire
				ownership rights.
(6) "Consign"
				means to deliver to another's custody for sale.
(7) "Consignee" means a person who receives
				refrigerant from its owner on consignment.
(8) "Consignor" means an owner of refrigerant
				who consigns refrigerant to another's custody for sale on behalf of the
				owner.
(9) "Individual" means a
				natural person.
(10) "Mobile air
				conditioner" means mechanical vapor compression refrigeration equipment used to
				cool the driver, passenger or cargo compartment of a motor vehicle.
(11) "Motor vehicle" has the meaning given
				under s.
				100.45(1)
				(c), Stats.
(11m) "Ozone-depleting refrigerant" means a
				substance used in refrigeration that is or contains a class I substance, as
				defined in
				42
				USC 7671(3) or a class II
				substance, as defined in
				42
				USC 7671(4).
(12) "Person" means any of the following:
(a) An individual.
(b) A corporation, partnership, limited
				liability company, business trust, cooperative, association or other business
				entity.
(c) The state of Wisconsin
				or any agency of the state.
(d) A
				body corporate or politic.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 136 - Mobile Air Conditioners; Reclaiming Or Recycling Refrigerant › Section ATCP 136.08 - Technician training

Current through June 24, 2024
No person may perform motor vehicle repair that releases or
				  may release refrigerant from a mobile air conditioner or trailer refrigeration
				  equipment or may install or service a mobile air conditioner or trailer
				  refrigeration equipment that contains refrigerant unless that person is
				  properly trained and certified in appropriate programs, as specified by the
				  federal environmental protection agency under
				  42 USC
				  7671h.
A list of currently authorized Mobile Air Conditioning
					 Technician Training and Certification programs can be found here:
					 https://www.epa.gov/section608/section-608-technician-certification-programs
					 and here:
					 https://www.epa.gov/mvac/section-609-technician-training-and-certification-programs
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 136 - Mobile Air Conditioners; Reclaiming Or Recycling Refrigerant › Section ATCP 136.10 - Buying and selling refrigerant

Current through June 24, 2024
(1) CONTAINER SIZE;
				GENERAL. No person may buy, sell or consign refrigerant in a container holding
				less than 15 pounds of ozone-depleting refrigerant.
(2) SELLING NEW OR RECLAIMED REFRIGERANT. No
				person may sell or consign new or reclaimed refrigerant, except to one of the
				following:
(a) A person who sells or resells
				that refrigerant in its original container, to persons identified under par.
				(b). A sale or consignment does not violate this paragraph if the seller or
				con-signor relies in good faith on a written statement from the buyer or
				consignee that does all the following:
1.
				Contains the legal name and business address of the buyer or
				consignee.
2. Guarantees that the
				buyer or consignee will sell or resell the refrigerant only in its original
				container.
3. Guarantees that the
				buyer or consignee will sell or resell the refrigerant only to persons
				identified in par. (b).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 136 - Mobile Air Conditioners; Reclaiming Or Recycling Refrigerant › Section ATCP 136.12 - Recovery and recycling equipment; approval

Current through June 24, 2024
(1) APPROVAL
				REQUIRED. No person may recover or recycle used refrigerant from a mobile air
				conditioner or trailer refrigeration equipment unless the department first
				approves the equipment used to recover or recycle that refrigerant. The
				department shall approve recovery or recycling equipment if one of the
				following conditions is met:
(a) An approved
				independent testing organization under sub. (2) tests the equipment and
				certifies that it complies with applicable standards under sub. (3).
(b) The equipment manufacturer demonstrates
				that the United States environmental protection agency has designated the
				equipment as substantially identical to equipment approved under par. (a).
Note:
You may obtain a list of approved recovery
				  and recycling equipment by writing to Weights and Measures Bureau, P.O. Box
				  8911, Madison, WI 53708-8911.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 136 - Mobile Air Conditioners; Reclaiming Or Recycling Refrigerant › Section ATCP 136.14 - Recycled or reclaimed refrigerant; purity standards

Current through June 24, 2024
(1) RECYCLED
				REFRIGERANT. Recycled refrigerant shall meet the following applicable standards
				of purity:
(a) R-12 refrigerant shall meet or
				exceed the standards specified by the society of automotive engineers in
				"Standard of Purity for Use in Mobile Air Conditioning Systems," SAE J1991,
				August 2011.
(b) R-134a refrigerant
				shall meet or exceed the standards specified by the society of automotive
				engineers in "Standard of Purity for Recycled HFC134a For Use in Mobile Air
				Conditioning Systems," SAE J2099, April 2012.
(c) HFO-1234yf refrigerant shall meet or
				exceed the standards specified by the society of automotive engineers in
				"R1234fy (HFO-1234yf) New Refrigerant Purity and Container Requirements for Use
				in Mobile Air-Conditioning Systems," SAE J2844-2013.
Note:
Standards incorporated by reference under
				  sub.
(1) are on file with the
				department and the legislative reference bureau. You may obtain copies by
				contacting the Society of Automotive Engineers, 400 Commonwealth Drive,
				Warrandale, PA 15096-0001.
(2)
				RECLAIMED REFRIGERANT. Reclaimed refrigerant shall meet purity standards
				established by the air conditioning and refrigeration institute 700
				specifications for fluorocarbon and other refrigerant.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 136 - Mobile Air Conditioners; Reclaiming Or Recycling Refrigerant › Section ATCP 136.16 - Repair and service practices

Current through June 24, 2024
(1) DISCLOSURE
				REQUIRED. No person may repair or service a mobile air conditioner or trailer
				refrigeration equipment unless that person first discloses all of the following
				to the person requesting that repair or service:
(a) No refrigerant may be added to a leaking
				mobile air conditioner or leaking trailer refrigeration equipment.
(b) If a mobile air conditioner or trailer
				refrigeration equipment leaks refrigerant, that mobile air conditioner or
				trailer refrigeration equipment may not be recharged until the leak is
				repaired.
Note:
Under ch. ATCP 132, Wis. Adm. Code, a
				  motor vehicle repair shop may not diagnose a problem in a motor vehicle, or
				  repair or service that motor vehicle, without the customer's prior
				  authorization. This chapter does not change ch. ATCP 132.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 136 - Mobile Air Conditioners; Reclaiming Or Recycling Refrigerant › Section ATCP 136.20 - Prohibited practices

Current through June 24, 2024
No person may do any of the following:
(1) Add refrigerant to a mobile air
				conditioner or trailer refrigeration equipment which is leaking refrigerant.
				This does not prohibit the use of a test charge in compliance with s.
				ATCP
				136.16(2).
(2) Knowingly or negligently release
				refrigerant into the environment.
(3) Use refrigerant to clean mobile air
				conditioners or trailer refrigeration equipment, or for other cleaning
				purposes.
(4) Charge a mobile air
				conditioner or trailer refrigeration equipment with used refrigerant unless one
				of the following applies:
(a) The used
				refrigerant has been recycled to meet applicable purity standards under s.
				ATCP
				136.14(1) using equipment approved by
				the department under s.
				ATCP
				136.12.
(b) The used refrigerant has been reclaimed
				at an approved refrigerant reclamation facility, and meets purity standards
				under s.
				ATCP
				136.14(2).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter I - Recycled, Recyclable or Degradable Products › Section ATCP 137.01 - Scope and authority

Current through June 24, 2024
This subchapter is adopted under ss.
					 100.20(2)
					 and
					 100.295,
					 Stats. This subchapter applies to representations made for any product that is
					 sold or leased, offered for sale or lease, or promoted or distributed for sale
					 or lease at wholesale or retail. This subchapter applies to oral, written or
					 graphic representations including advertisements, product labels, statements
					 made in the print or broadcast media, and representations made in the form of
					 trademarks, logos, symbols or trade names.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter I - Recycled, Recyclable or Degradable Products › Section ATCP 137.03 - General prohibitions

Current through June 24, 2024
(1) No person may represent, directly or by
				  implication, that a product is recycled, recyclable or degradable if the
				  representation is false, deceptive or misleading.
(2) No person may represent, directly or by
				  implication, that a product is recycled, recyclable or degradable if the
				  representation violates this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter I - Recycled, Recyclable or Degradable Products › Section ATCP 137.04 - Degradability representations

Current through June 24, 2024
(1) No person may
				  represent, without qualification, that a product is degradable unless all of
				  the following apply under customary conditions of use and disposal in the area
				  where the product is sold:
(a) The product
				  decomposes completely to the point that it is entirely broken down into soluble
				  nutrients, minerals, inorganic compounds, simple organic compounds found in
				  nature, carbon dioxide, methane or water, or any combination of those breakdown
				  products.
(b) The product
				  decomposes completely within a reasonably short period of time compatible with
				  normal conditions of use or disposal of the product.
(c) The product's decomposition does not
				  release any contaminant or substance at a level that violates state or federal
				  environmental quality standards, or that is toxic to persons or the
				  environment.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter I - Recycled, Recyclable or Degradable Products › Section ATCP 137.05 - Recyclability representations

Current through June 24, 2024
(1) No person may
				  represent, without qualification, that a product is recyclable unless the
				  product is entirely composed of materials that satisfy all of the following
				  requirements:
(a) The materials can be
				  collected, separated or otherwise recovered from the solid waste stream by
				  recycling systems that are readily available to a substantial majority of the
				  population in the area where the product is sold, using normal methods of
				  operation.
(b) The materials
				  recovered under par. (a) can, by means of established commercial processes, be
				  processed and reused as raw materials for the manufacture of new products.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter I - Recycled, Recyclable or Degradable Products › Section ATCP 137.06 - Recycled content representations

Current through June 24, 2024
(1) No person may
				  represent, without qualification, that a product is recycled, or that it
				  contains or is made from recycled material, unless at least one of the
				  following applies:
(a) The entire product
				  consists of, or is made from, recycled material.
(b) The representation clearly identifies, to
				  the nearest 5% or closer, the minimum percentage by weight of the product that
				  constitutes or is made from recycled material. For paper products, recycled
				  content may be expressed as a percentage of fiber content in the product rather
				  than a percentage by weight of the product.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter I - Recycled, Recyclable or Degradable Products › Section ATCP 137.07 - Form and content of representations

Current through June 24, 2024
No person may represent that a product is recycled,
					 recyclable or degradable unless the representation complies with all of the
					 following:
(1) If the representation
				  is not valid for the entire product, the representation shall clearly identify
				  the specific parts of the product for which the representation is valid. If a
				  representation is valid for a product, but invalid for a closure, fastener or
				  similar minor component of the product, the representation need not specify
				  that the representation does not apply to that minor component unless failure
				  to do so affects the validity of the representation for the rest of the
				  product.
(2) The representation
				  shall clearly identify the product manufacturer, distributor, lessor or seller
				  responsible for the representation. If the representation is made as part of a
				  product label, it shall include the responsible person's business address,
				  including street address, city, state and zip code, except that the street
				  address may be omitted if the address can be found under the name of the
				  responsible person in a current city directory or telephone
				  directory.
(3) If a representation
				  is required to include any disclosure or qualifying statements under this
				  subchapter, the disclosures and qualifying statements shall be clear and
				  conspicuous in relation to the representation.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter I - Recycled, Recyclable or Degradable Products › Section ATCP 137.08 - Substantiating representations

Current through June 24, 2024
(1) No person may
				  represent that a product is recycled, recyclable or degradable unless that
				  person can substantiate the representation at the time the representation is
				  made. The substantiation shall be all of the following:
(a) Adequate to support every direct and
				  implied claim made in the representation.
(b) Based on competent and reliable evidence
				  consisting of tests, analyses, research, studies or other evidence developed
				  and evaluated in an objective manner by persons qualified to do so, using
				  procedures that are generally accepted in the profession as yielding accurate
				  and reliable results.
(c) Adequate
				  to prove that the representation is not false, deceptive or
				  misleading.
(d) Adequate to support
				  the representation under reasonably foreseeable conditions specified or implied
				  in the representation.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter I - Recycled, Recyclable or Degradable Products › Section ATCP 137.09 - Special orders

Current through June 24, 2024
The department may, by special order under s.
					 100.20(3),
					 Stats., prohibit any person from violating this chapter, and require that
					 person to take specific action to correct the violation. A special order under
					 s.
					 100.20(3),
					 Stats., is not a prerequisite to other enforcement action and does not preclude
					 other enforcement action.
See ch. ATCP 1 related to procedure in special order
						cases.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter II - Plastic Containers; Labeling for Recycling › Section ATCP 137.11 - Authority

Current through June 24, 2024
This subchapter is promulgated pursuant to s.
					 100.33,
					 Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter II - Plastic Containers; Labeling for Recycling › Section ATCP 137.12 - Definitions

Current through June 24, 2024
The definitions set forth in s.
					 100.33,
					 Stats., apply to this subchapter. For the purpose of interpreting s.
					 100.33,
					 Stats., and this subchapter:
(1)
				  "Carton" includes an individual, separate, rigid plastic cup, if the cup is
				  originally used to contain a product that is the subject of a retail
				  sale.
(2) "Container" does not
				  include:
(a) A container's lid.
(b) A tray originally used to contain meat or
				  other foods for retail sale.
(c) A
				  one quart or smaller mesh basket originally used to contain berries or other
				  foods for retail sale.
(d) A
				  container used to hold pesticides.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter II - Plastic Containers; Labeling for Recycling › Section ATCP 137.13 - Labeling

Current through June 24, 2024
(1) TRIANGULAR SYMBOL. Each plastic container
				  regulated under this subchapter and under s.
				  100.33,
				  Stats., shall have a triangular symbol molded, imprinted or otherwise attached.
				  Inside the triangle shall be a number and below the triangle shall be a series
				  of letters identifying the resin used in the plastic container, as specified in
				  sub. (2).
(2) IDENTIFICATION OF
				  RESIN. To identify the resin used in a plastic container, the following codes
				  are required as part of the symbol under sub. (1):
(a) If the plastic container is made of
				  polyethylene terephthalate, the number "1" and the letters "PETE" with the
				  symbol.
(b) If the plastic
				  container is made of high density polyethylene, the number "2" and the letters
				  "HDPE" with the symbol.
(c) If the
				  plastic container is made of polyvinyl chloride, the number "3" and the letter
				  "V" with the symbol.
(d) If the
				  plastic container is made of low density polyethylene, the number "4" and the
				  letters "LDPE" with the symbol.
(e)
				  If the plastic container is made of polypropylene, the number "5" and the
				  letters "PP" with the symbol.
(f)
				  If the plastic container is made of polystyrene, the number "6" and the letters
				  "PS" with the symbol.
(g) If the
				  plastic container is made of other resins or of multiple resins, the number "7"
				  and the word "OTHER" with the symbol. A plastic container whose label or base
				  cup is composed of a different resin shall be labeled according to the
				  container's principal resin.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter II - Plastic Containers; Labeling for Recycling › Section ATCP 137.14 - Variances

Current through June 24, 2024
The department may grant a variance from this subchapter,
					 as provided in s.
					 100.33(3m),
					 Stats., if the requester can prove that labeling a type of plastic container is
					 technologically impossible.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 137 - Environmental labeling of products › Subchapter II - Plastic Containers; Labeling for Recycling › Section ATCP 137.15 - Penalty

Current through June 24, 2024
Each violation of this subchapter is subject to a
					 forfeiture of not more than $500, as provided in s.
					 100.33(4),
					 Stats. Each day of violation constitutes a separate offense.
Type and Size of Container
Eff. Date Wholesale Sales
Eff. Date Retail Sales
16 oz. and larger containers in general
01/01/91
01/01/92
16 oz. and larger nonbeverage bottles
01/01/91
01/01/92
8 oz. and larger beverage bottles
01/01/91
01/01/92
8 oz. and larger containers in general
01/01/92
01/01/93
8 oz. and larger nonbeverage bottles
01/01/93
01/01/94
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 139 - Consumer product safety › Section ATCP 139.01 - Definitions

Current through June 24, 2024
In addition to definitions under ss.
				  100.37
				  and
				  100.42, Stats.,
				  the following shall apply in the interpretation and enforcement of this
				  chapter:
(1) "Children's product"
				means a consumer product, toy or other article designed or intended primarily
				for children 12 years of age or under.
(1m) "Department" means the state of
				Wisconsin department of agriculture, trade and consumer protection.
(2) "Federal act" means the federal hazardous
				substance act of 1960, as amended (
				15
				USC 1261 et. seq.), and regulations adopted
				thereunder ( 16 CFR Part 1500 ).
(2m) "Infant walker" means a mobile unit that
				enables a child to move on a horizontal surface when propelled by the child
				sitting or standing within that mobile unit. "Infant walker" includes products
				commonly known as "baby walkers," "baby-bouncers" or
				"walker-jumpers."
(3) "Neck area"
				means the area one inch above and below the seam between the body of a garment
				and the collar or hood.
(5) "Upper
				outerwear" means clothing, such as jackets and sweatshirts, that is generally
				intended to be worn over other garments.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 139 - Consumer product safety › Section ATCP 139.03 - Hazardous substances; special labeling requirements

Current through June 24, 2024
Hazardous substances identified under this section present
				  special hazards requiring supplemental label statements to protect the public,
				  and the following label statements for substances and articles as specified
				  shall supplement labeling required under s.
				  ATCP
				  139.02.
(1)
(a) Charcoal briquettes and other forms of
				charcoal in containers for retail sale and intended for cooking or heating
				shall be labeled with a color contrasting heavy borderlined statement as
				follows:
WARNING: Do Not Use for Indoor Heating or Cooking Unless
				  Ventilation is Provided for Exhausting Fumes to Outside. Toxic Fumes May
				  Accumulate and Cause Death.
If packaged in bags, the statement shall appear in the upper
				  25% of both front and back panels of the bag, at least 2 inches below the seam
				  and 1 inch from other reading material.
(b) The statements shall appear in type size
				as follows: The signal word "WARNING" in letters at least three-eighths of an
				inch in height and the remaining text at least three-sixteenths of an inch in
				height.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 139 - Consumer product safety › Section ATCP 139.05 - Children's products; general

Current through June 24, 2024
(1) Electrically
				operated toys intended for use by children and powered by household current,
				shall be considered as hazardous substances subject to labeling requirements
				under s.
				100.37(1),
				Stats., to include directions for use for the protection of children from
				electrical, mechanical or thermal hazards.
(2) Toys or other articles intended for use
				by children which, under reasonable and foreseeable conditions of use or abuse
				by children in the age group for which they were designed or intended, may
				cause personal injury or illness through electrical shock, fire, burns, bodily
				cuts, punctures or wounds, or which otherwise present an unreasonable risk of
				harm or injury because of electrical, mechanical or thermal hazards associated
				with their construction, design or use shall, for purposes of s.
				100.37(2) (e) and
				(5), Stats., be considered hazardous
				substances and subject to holding order and summary ban procedures.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 139 - Consumer product safety › Section ATCP 139.06 - Exemptions for small packages, minor hazards, and special circumstances

Current through June 24, 2024
The following exemptions are granted from labeling
				  requirements for hazardous substances under s.
				  100.37(1),
				  Stats.:
(1) When the sole hazard from
				a substance in a self-pressurized container is that it generates pressure or
				when the sole hazard from a substance is that it is flammable or extremely
				flammable, the name of the component which contributes to the hazard need not
				be stated.
(2) Fuel in portable
				customer containers filled by retail vendors for personal or household use are
				exempt from labeling the name and place of business of the manufacturer, packer
				or seller.
(3) Common matches,
				including book matches, wooden matches and safety matches are exempt from
				labeling requirements insofar as they apply to the product being considered
				hazardous because of being flammable or extremely flammable.
(4) Paper items, such as newspapers, wrapping
				papers, toilet and cleaning tissues, and paper writing supplies are exempt from
				labeling requirements insofar as they apply to the products being considered
				hazardous because of being flammable or extremely flammable.
(5) Thread, string, twine, rope, cord and
				other similar materials are exempt from labeling requirements insofar as they
				apply to the product being considered hazardous because of being flammable or
				extremely flammable.
(6) Laboratory
				chemicals intended only for research or investigational and other laboratory
				uses (except those in home chemistry sets) are exempt from the labeling
				requirements of placement under s.
				ATCP
				139.02 if all information required by that section and
				s.
				100.37(1),
				Stats., appears with the required prominence on the label panel adjacent to the
				main panel.
(7) Small-arms
				ammunition packaged in retail containers is exempt from labeling requirements
				if the container bears the following labeling:
(a) The common or usual name of the
				ammunition in the container;
(b)
				The statement "WARNING - KEEP OUT OF THE REACH OF CHILDREN," or its practical
				equivalent; and
(c) The name and
				place of business of the manufacturer, packer, seller, or
				distributor.