Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 90-139 - Trade and Consumer Protection › Chapter ATCP 91 - Selling Commodities By Weight, Measure Or Count › Section ATCP 91.03 - Commodity types; methods of sale

Current through June 24, 2024
(1) FOOD
				COMMODITIES. Except as provided in sub. (2), the following food commodities
				shall be sold in compliance with the following requirements:
(a)
Bread.
Bread shall be
				sold by weight unless it is clearly identified and sold as "stale bread."
Note:
Section
				  98.21, Stats., also
				  requires bread to be sold by weight unless it is sold as stale
				  bread.
(b)
Butter,
				margarine, and like spreads.
Food commodities covered by
NIST
				Handbook 130,
ch. IV.B, section 1.3, shall be sold in compliance with
				that section.
Note:
Butter sold in Wisconsin must also comply
				  with grading standards under s.
				  97.176,
				  Stats. Margarine sold in Wisconsin must also comply with quality standards
				  under s.
				  97.18,
				  Stats.
(c)
Cheese.
Cheese shall be sold by weight. The declared weight of
				cheese coated with wax may not include the wax.
Note:
Cheese manufactured in Wisconsin must also
				  comply with the grading standards under s.
				  97.177,
				  Stats.
(d)
Dairy
				products.
Except as provided in pars. (b), (c), and (g), food
				commodities covered by
NIST Handbook 130,
ch. IV.B, sections
				1.6 and 1.7, shall be sold in compliance with applicable provisions of those
				sections.
(e)
Flour, corn
				meal, and like commodities.
Food commodities covered by
NIST
				Handbook 130,
ch. IV.B, section 1.4, shall be sold in compliance with
				that section.
(f)
Fresh
				fruits and vegetables.
Fresh fruits and vegetables shall be sold at
				retail by weight, except that fresh fruits and vegetables identified in
NIST Handbook 130,
ch. VI., section 2.3.2, shall be sold
				according to that section. Berries and small fruits such as cherries, currants
				and cherry tomatoes, if sold by dry measure, may only be sold in containers
				having capacities of one-half dry pint, one dry pint or one dry quart.
Note:
Pre-packaged fruits and vegetables, other
				  than unprocessed fruits or vegetables sold in transparent wrappings or
				  containers, must also comply with applicable packaging and labeling
				  requirements under ch. ATCP 90.
(g)
Frozen desserts.
Packaged ice cream, ice
				milk, water ices, and frozen desserts of a similar nature shall be sold by
				liquid measure unless they are packaged at the time of retail sale, in which
				case they shall be sold by weight. This rule does not apply if the products are
				packaged at the time of retail sale or sold in quantities of less than one-half
				liquid pint.
Note:
Section
				  98.12,
				  Stats., requires prepackaged frozen desserts to be sold by liquid
				  measure.
(h)
Meat,
				poultry, fish, and seafood.
Food commodities covered by
NIST
				Handbook 130,
ch. IV.B, sections 1.5,
				1.10,
				and
				1.11
				shall be sold in compliance with applicable provisions of those sections. The
				declared weight of glazed, individually frozen pieces of seafood may not
				include any weight of ice or other glazing.
Note:
See also ch. ATCP 109 related to freezer
				  meat and food service plans, and the sale of "wholesale cuts" to
				  consumers.
(i)
Pickles and pickle relishes.
Commodities covered by
NIST Handbook 130,
ch. IV.B, section 1.8, shall be sold in
				compliance with that section.
(j)
Pizza.
Pizza shall be sold by weight except that pizza made to
				order, other than frozen pizza, may be sold by weight or by
				count.