Wisconsin Administrative Code

ATCP 105.01 Purpose. The purpose of this subchapter is to interpret the provisions of s. 100.30 (2) (c) 1., Stats. This statute requires cigarette or other tobacco product wholesalers to mark up the price of cigarettes or other tobacco products at least 3%. A wholesaler may sell …

ATCP 105.02 Definitions. In this subchapter: (1) XCigaretteY has the meaning specified in s. 139.30 (1m), Stats. (2) XDistributorY has the meaning specified in s. 139.30 (3), Stats. (3) XJobberY has the meaning specified in s. 139.30 (6), Stats. (4) XMultiple retailerY has the me…

ATCP 105.03 Determining the cost of doing business. (1) PROOF OF LESSER COST REQUIRED. Every wholesaler shall mark up cigarette and other tobacco products at least 3% over the cost to wholesaler unless it has in its possession, at the time a sale at a reduced markup is made, writ…

ATCP 105.04 Period of time to compute expenses. Expense data used to prove a wholesaler[s cost of doing business shall be computed for a 12-month period. This period shall end on the fiscal quarter that the wholesaler most recently completed prior to the date it sells cigarettes …

ATCP 105.05 Allocation methods. In order to prove a ATCP 105.07 lesser cost of doing business, a wholesaler shall either use the average expense allocation method specified in ss. ATCP 105.06 and 105.07 or the specific expense allocation method specified in s. ATCP 105.09. Histor…

ATCP 105.06 Average expense allocation. The average expense allocation method for calculating a wholesaler[s cost of doing business shall allocate a portion of the wholesaler[s expenses incurred in the operation of the business to the sale of cigarettes and other tobacco products…

ATCP 105.07 Factors for allocating expenses. Under the average expense allocation method, all expenses incurred in the operation of the business shall be allocated to the sale of cigarettes and other tobacco products using the following methods: (1) SALES ALLOCATION. (a) The expe…

ATCP 105.08 Application of discounts and allowances. (1) DEFINITIONS. In this section: (a) XAllowanceY means a manufacturer[s payment of consideration to a wholesaler who, in exchange, performs some service for or provides something of value to the manufacturer. XAllowanceY inclu…

ATCP 105.09 Specific expense allocation. In lieu of the chapter was last published. 5 AGRICULTURE, TRADE AND CONSUMER PROTECTION using the average expense allocation method specified in ss. ATCP 105.06 and 105.07, a wholesaler may prove a lesser cost of doing business using its o…

ATCP 105.10 Applicability. This subchapter applies to any offer to sell or sale of cigarettes and other tobacco products occurring on or after November 1, 1988. Note: References in this chapter to XsellY, Xsale,Y and XsoldY include offers to sell. See s. 100.30 (2) (g), Stats., f…

ATCP 105.21 Calculating cost of motor fuel. For the purpose of calculating the cost of motor fuel under s. 100.30, Stats., the following terms have the following meanings: (1) XAt the close of business on the determination date,Y as used in s. 100.30 (2) (a), Stats., means the ti…

ATCP 105.22 Unavailability of average posted terminal price for fuel sold. When calculating Xcost to retailerY under s. 100.30 (2) (am) 1m., Stats., if an average posted terminal price for the specific grade of motor vehicle fuel sold by a retailer or retail station is unavailabl…

ATCP 105.23 Notice of price offered to meet competition. Except as provided in s. ATCP 105.009 (5) (c): (1) TIME OF NOTICE. A person who purports to justify a motor fuel selling price by giving notice to the department under s. 100.30 (7), Stats., shall send that notice on the sa…

ATCP 106.01 Definitions. (1) XAbnormal economic disruptionY means a disruption or threat of disruption to normal business transactions, due to an emergency. (2) XConsumer good or serviceY means a good or service that is sold for use by consumers primarily for personal, family or …

ATCP 106.02 Price gouging prohibited. (1) PROHIBITION. Except as provided in sub. (2), no seller may sell a consumer good or service in an emergency area during an emergency period at a price that is more than 15% above the highest price at which the seller sold like consumer goo…

ATCP 106.03 Price information. (1) DEPARTMENT The department may by written notice require a seller to provide information under sub. (2) related to a price at which a seller has sold a consumer good or service in an emergency area during an emergency period. The notice shall ide…

ATCP 109.01 Definitions. (1) XBuyerY means both actual and prospective purchasers but does not include persons purchasing for resale. (2) XContractY means all written agreements subscribed by a buyer and includes promissory notes and sales agreements. (3) XFood service planY mean…

ATCP 109.02 Prohibited trade practices. No person advertising, offering for sale or selling any wholesale cut or food service plan shall engage in any unfair methods of competition or unfair trade practices, and particularly including, but not limited to the following: (1) BAIT S…

ATCP 109.03 Contract requirements. (1) SERVICE PLAN. Any seller of a food service plan which does not involve an extension of credit shall comply with the following: (a) Give the buyer at the time of execution a true copy of the contract, which shall include its date of execution…

ATCP 109.04 Custom cutters. Each custom cutter shall, for each wholesale cut, furnish to the customer a signed, written statement of the actual net weight of each wholesale cut prior to cutting and trimming, and the delivered weight after cutting and trimming. History: Cr. Regist…

ATCP 110.01 Definitions.

ATCP 110.02 Prohibited trade practices.

ATCP 110.023 Substituting products or materials; altering the written contract.

ATCP 110.025 Lien waivers.

ATCP 110.027 Delay in contract performance.

ATCP 110.03 Building permits. ATCP 110.04 ATCP 110.05 ATCP 110.06 ATCP 110.07 ATCP 110.08 ATCP 110.09 History: Chapter Ag 110 as it existed on May 31, 1974 was repealed and a new chapter Ag 110 was created, Register, May, 1974, No. 221, effective June 1, 1974; chapter Ag 110 was …

ATCP 110.04 Warranties. (1) A seller shall give a buyer a copy of every written warranty made with respect to labor, services, products, or materials furnished in connection with a home improvement. If a seller makes any oral warranty, the seller shall document that warranty in w…

ATCP 110.05 Home improvement contract requirements. (1) The following home improvement contracts and all changes in the terms and conditions thereof, shall be in writing: (a) Contracts requiring any payment of money or other consideration by the buyer prior to completion of the s…

ATCP 110.06 Preservation of buyer[s claims and defenses. (1) Every assignee of a home improvement contract takes subject to all claims and defenses of the buyer or successors in interest. Note: Under this section, where the seller assigns the debt to a finance company the chapter…

ATCP 110.07 Contract cancellation; return of payments. (1) CONDITIONS WARRANTING EXERCISE OF BUYER[S REMEDIES. If, under a home improvement contract, a buyer pays a seller for any home improvement materials or services before the seller provides those materials or services to the…

ATCP 110.08 Contract compliance. A home improvement contract which constitutes a Xconsumer approval transactionY as defined in s. 423.201, Stats., shall comply with ch. 423, Stats. History: Cr. Register, September, 1993, No. 453, eff. 10-1-93.

ATCP 110.09 Basement waterproofing practices. (1) DECLARATION OF POLICY. Basement water problems and particularly those arising from poor drainage or high water tables are often difficult to correct without a thorough analysis of causative factors and the performance of extensive…

ATCP 112.01 Definitions. In this chapter: (1) XConsumer reportY has the meaning given in 15 USC 1681a (d). (2) XConsumer reporting agencyY has the meaning given in 15 USC 1681a (f). (3) XProper identificationY means information that is sufficient to confirm, with reasonable assur…

ATCP 112.02 Proper identification to create a security freeze. A consumer reporting agency may require proper identification of an individual who requests a security freeze under s. 100.54 (2) (a), Stats. Proper identification may include any of the following: (1) The individual[…

ATCP 112.03 Proof of identity to release a credit report or remove a security freeze. (1) A consumer reporting agency may require any of the following information from an individual as proof of identity for purposes of s. 100.54 (4) (a) 2. and (6) (a) 2., Stats.: (a) Any identify…

ATCP 112.04 Written procedures. A consumer reporting agency shall adopt and implement written procedures for obtaining proper identification under s. 100.54 (2) (a) 2., (4) (a) 2., and (6) (a) 2., Stats. The procedures shall be consistent with this chapter and s. 100.54, Stats. T…

ATCP 113.01 Prohibited trade practices; gasoline. All persons, firms and corporations, their offices, representatives, agents and employees, in advertising relating to the business of selling gasoline for use in motor cars, shall cease and desist from using any methods of competi…

ATCP 114.01 Definitions. As used herein: (1) XAdvance feeY means a payment for listing or advertising, in any manner, the sale or lease of property. (2) XPropertyY means any interest or estate in real estate or in a business. (3) XPersonY shall include a corporation. History: Cr.…

ATCP 114.02 Misrepresentations. No person in soliciting advance fees or contracts therefor shall make any of the following representations contrary to fact: (1) That the amount of the advance fees or the time of their payment is other than as provided by written contract. (2) Tha…

ATCP 114.03 Contracts. No person soliciting advance fees shall fail to furnish the property owner contracting therefor with a true copy of the entire contract, which shall specifically identify each advertising medium to be used and the size and number of advertising insertions t…

ATCP 116.01 Definitions.

ATCP 116.02 Required purchase or investment; advertisements.

ATCP 116.03 Purchase or investment documented. disclosure in work Note: Chapter Ag 116 was renumbered chapter ATCP 116 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448. Chapter ATCP 116 as it existed on July 31, 1996 was repealed and new chapter ATCP116 was crea…

ATCP 116.04 Earnings claims. If a recruiter makes any statement of potential earnings to recruits from whom the recruiter solicits any purchase or investment, the recruiter shall disclose all of the following in connection with that statement: (1) The source from which the worker…

ATCP 116.05 Prohibited practices. No recruiter who solicits a purchase or investment from any recruit may do any of the following: (1) Make any false, deceptive or misleading representation to that recruit. (2) Misrepresent the nature of the work which the recruiter offers or may…

ATCP 116.06 Misrepresenting employment service offer as work offer. No person may misrepresent an advertisement or offer of employment service as an advertisement or offer of work. History: Cr. Register, July, 1996, No. 487, eff. 8-1-96. the chapter was last published.

ATCP 117.01 Application. This chapter applies to all sales of and offers to sell works of multiple art between an art supplier and an art dealer or between an art dealer and a buyer, if any portion of the transaction occurs in Wisconsin, including deliveries into or from Wisconsi…