Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 90.03 - Declaration of responsibility

(1) DECLARATION REQUIRED. No person may sell a consumer commodity in package form at any place other than the premises where the commodity was packaged unless each package of the commodity is clearly and conspicuously labeled with all of the following:

(a) Name of responsible person. The name of the manufacturer, packer, or distributor who is responsible for introducing the consumer commodity into commerce in package form. If the responsible person is a corporation, the label shall specify the actual corporate name of that corporation. If the responsible person is not a corporation, the label shall specify the correct name under which that person does business.

(b) Business address. The business address of the responsible person under par. (a) . The business address shall include street address, city, state, and ZIP code, except that the street address may be omitted if it is listed in any readily accessible, well-known, widely published, and publicly available resource, such as a printed directory, electronic database or website. If a person manufactures, packs, or distributes a consumer commodity at a place of business other than the person's principal place of business, the label may disclose the address of that principal place of business rather than the actual place of manufacture, packing, or distribution, provided that the substitute disclosure is not deceptive or misleading.

(c) Connection to commodity. If the responsible person under par. (a) is not the person who manufactured or produced the consumer commodity, the responsible person's name shall be qualified by a phrase, such as "Manufactured for and packed by __________________________________" or "Distributed by __________________________________," that indicates the responsible person's connection to the consumer commodity.

(2) LOCATION AND PROMINENCE. The declaration of responsibility under sub. (1) shall be clearly set forth on the package label. The declaration shall be clearly printed in the English language, in a conspicuous type size and style, and in a color that contrasts to the color of the background. The declaration shall be generally parallel to the base on which the package is designed to rest when displayed, and shall be positioned so that it can be readily seen and understood by consumers. Hand lettered information, if any, shall be at least as conspicuous and legible as printed information.

Notes

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 90.03

Cr. Register, March, 1994, No. 459, eff. 4-1-94. Amended by, CR 18-019: am. (1) (b) Register January 2020 No. 769, eff. 2/1/2020