(1) DECLARATION
REQUIRED.
(a)
General.
Except as provided under par. (b), no person may sell or distribute any
consumer commodity in package form unless each package of that commodity bears
a declaration of net quantity. The declaration of net quantity shall clearly
and conspicuously disclose the net quantity of the consumer commodity contained
in that package, exclusive of wrappers and other material packaged with the
commodity. Except where different net quantity declarations are provided for
specific packages or commodities under s.
ATCP
90.08, the declaration of net quantity shall comply
with this section.
(b)
Exemptions. Paragraph (a) does not apply to any of the
following:
1. A commodity sold by count if
the package contains only one unit of that commodity, or a small combination of
items that are customarily sold together as a single unit and understood by
consumers as constituting a single unit.
2. A commodity sold by count if the package
contains 6 or fewer units and the number of units can be easily counted by
consumers without opening the package.
3. Random packages of a commodity sold at
wholesale, for weighing and labeling at the point of retail sale, provided that
the random packages are contained in a wholesale container that is labeled to
show the combined net weight of the contents of those random packages. This
exemption does not apply to a random package when sold at retail.
4. A commodity that is exempt from quantity
disclosure, pursuant to an exemption under ch. ATCP 91.
(2) LOCATION AND PROMINENCE. A
declaration of net quantity shall appear on the principal display panel of each
package, and shall comply with s.
ATCP
90.07. The declaration shall be separate from other
information contained on the principal display panel, and shall be printed in
conspicuous, easily legible, and contrasting type.
(3) WEIGHT, MEASURE, OR COUNT. In a
declaration of net quantity, the net quantity of a consumer commodity shall be
expressed in terms of weight, measure, or count, as provided under s.
98.06,
Stats., and ch. ATCP 91.
Note: With certain exceptions, commodities in
liquid form must be sold by liquid measure, and commodities not in liquid form
must be sold by weight. Liquid commodities may be sold by weight, and nonliquid
commodities may be sold by measure or count, if those forms of measurement are
in general use and provide an accurate statement of quantity. Specific
requirements and exceptions related to method of sale may be found under s.
98.06,
Stats., and ch. ATCP 91.
(4)
WEIGHT OR MEASURE; HOW EXPRESSED. If a declaration of net quantity is expressed
in terms of weight or measure, the weight or measure shall be expressed in
appropriate inch-pound units under s.
ATCP
90.05 and in appropriate metric units under s.
ATCP
90.06.
(5)
COMBINATION DECLARATIONS; REQUIRED.
(a)
Weight declaration; combined with measure or count. If a
declaration of net quantity is expressed in terms of weight, the weight
declaration shall be combined with an appropriate declaration of measure or
count, unless the weight declaration alone is fully informative.
(b)
Declaration of measure; combined
with weight or count. If a declaration of net quantity is expressed in
terms of measure, the declaration of measure shall be combined with an
appropriate declaration of weight or count, unless the declaration of measure
alone is fully informative.
(c)
Declaration of count; combined with weight or measure. If a
declaration of net quantity is expressed in terms of count, the declaration of
count shall be combined with an appropriate declaration of weight or measure,
unless the declaration of count alone is fully informative.
(d)
Declaration of count; size of
counted units. If a declaration of net quantity includes any
declaration of count, either as a primary or supplementary declaration, it
shall also specify the size of the individual counted units unless the
declaration of count is fully informative without a declaration of unit
size.
(e)
Location on
package. Combination declarations required under this subsection shall
be included as part of the principal declaration of net quantity on the
principal display panel of the package.
(6) SUPPLEMENTARY DECLARATIONS; OPTIONAL. Net
quantity declarations required under this section may be supplemented by other
declarations of weight, measure, or count, provided that the supplementary
declarations are not deceptive or misleading. A supplementary declaration of
net quantity may not appear on the principal display panel of a package, or in
conjunction with the principal declaration of net quantity, unless the
supplementary declaration is required or specifically authorized under this
chapter to appear in conjunction with the principal declaration.
(7) ABBREVIATIONS. The following quantity
abbreviations, or other generally accepted abbreviations, may be used in a
declaration of net quantity:
(a)
|
Avoirdupois
|
avdp
|
(b)
|
Centimeter
|
cm
|
(c)
|
Count
|
ct
|
(d)
|
Cubic
|
cu
|
(e)
|
Cubic centimeter
|
cm3
|
(f)
|
Cubic decimeter
|
dm3
|
(g)
|
Cubic meter
|
m3
|
(h)
|
Diameter
|
dia
|
(i)
|
Drained
|
dr
|
(j)
|
Each
|
ea
|
(k)
|
Foot or feet
|
ft
|
(l)
|
Fluid
|
fl
|
(m)
|
Gallon
|
gal
|
(n)
|
Gram
|
g
|
(o)
|
Inch
|
in
|
(p)
|
Kilogram
|
kg
|
(q)
|
Liquid
|
liq
|
(r)
|
Liter
|
L or l
|
(s)
|
Meter
|
m
|
(t)
|
Micrometer
|
m
|
(u)
|
Milligram
|
mg
|
(v)
|
Milliliter
|
mL or ml
|
(w)
|
Millimeter
|
mm
|
(x)
|
Ounce
|
oz
|
(y)
|
Piece
|
pe
|
(z)
|
Pint
|
pt
|
(za)
|
Pound
|
lb
|
(zb)
|
Quart
|
qt
|
(zc)
|
Square
|
sq
|
(zd)
|
Square decimeter
|
dm2
|
(ze)
|
Square meter
|
m2
|
(zf)
|
Square centimeter
|
cm2
|
(zg)
|
Weight
|
wt
|
(zh)
|
Yard
|
yd
|