Chapter 100, MARKETING; TRADE PRACTICES
91 sections in this chapter.
Wis. Stat. § 100.01 Produce wholesalers, unfair conduct, liability for damages
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100.01 Produce wholesalers, unfair conduct, liability for damages. (1) DEFINITIONS. When used in this section: (a) “Broker” means a person engaged in negotiating sales or purchases of produce for or on behalf of the seller or the buyer. (b) “Commission merchant” means a person en…
Wis. Stat. § 100.02 Commission merchants, duties, must account
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100.02 Commission merchants, duties, must account. (1) No person receiving any fruits, vegetables, melons, dairy, or poultry products or any perishable farm products of any kind or character, other than cattle, sheep, hogs or horses, referred to in this section as produce, for or…
Wis. Stat. § 100.025 Classification of dairy heifer calves
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100.025 Classification of dairy heifer calves. (1) As used in this section, “dairy heifer calf” means a female bovine animal, of a recognized dairy breed, at least 2 weeks and less than 4 months of age. (2) The owner of the herd of origin of any healthy dairy heifer calf may clas…
Wis. Stat. § 100.04 Livestock production contracts
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100.04 Livestock production contracts. (1) DEFINITION. In this section, “livestock” means swine, cattle, poultry, sheep, goats or farm-raised deer, as defined in s. 95.001 (1) (ag). (2) REQUIRED CONTRACT TERMS. Every written contract under which livestock owned by one party is po…
Wis. Stat. § 100.05 Butter and cheese manufacturers; accounts accessible
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100.05 Butter and cheese manufacturers; accounts accessible. (1) No operator of a butter factory or cheese factory wherein the value of the milk or cream delivered is determined by the sale of the product manufactured shall use or allow any other person, unless the other person i…
Wis. Stat. § 100.057 Wisconsin cheese logotype
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100.057 Wisconsin cheese logotype. The department shall design an official logotype appropriate for affixation to and display in connection with natural cheese meeting quality standards established by the department and manufactured in this state entirely from milk which is produ…
Wis. Stat. § 100.07 Milk payments; audits
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100.07 Milk payments; audits. (1) Whenever petitions signed by more than 60 percent of the producers of milk delivered to any dairy plant or petitions signed by more than 60 percent of the producers comprising any municipal milk shed shall be presented to the department asking fo…
Wis. Stat. § 100.12 Refusal of commission merchant to furnish written statement of transaction prima facie evidence of gambling
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100.12 Refusal of commission merchant to furnish written statement of transaction prima facie evidence of gambling. (1) Every person doing business as a commission merchant or broker shall furnish, upon demand, to any person for whom he or she has executed an order for the purcha…
Wis. Stat. § 100.14 Uniform labels and trademarks
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100.14 Uniform labels and trademarks. (1) The department may adopt uniform labels and trademarks for brands of Wisconsin products and shall, upon request, permit the use of such labels and trademarks by any person engaged in the production or distribution of products who complies…
Wis. Stat. § 100.15 Regulation of trading stamps
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100.15 Regulation of trading stamps. (1) No person may use, issue or furnish within this state, in connection with the sale of any goods, any trading stamp or similar device, which entitles the purchaser to procure anything of value in exchange for the trading stamp or similar de…
Wis. Stat. § 100.16 Selling with pretense of prize; in-pack chance promotion exception
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100.16 Selling with pretense of prize; in-pack chance promotion exception. (1) No person shall sell or offer to sell anything by the representation or pretense that a sum of money or something of value, which is uncertain or concealed, is enclosed within or may be found with or n…
Wis. Stat. § 100.17 Guessing contests
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100.17 Guessing contests. No person or persons or corporations in their own name or under any assumed trade name, with intent to defraud, shall advertise or represent in printing or writing of any nature, any enigma, guessing or puzzle contest, offering to the participants therei…
Wis. Stat. § 100.171 Prize notices
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100.171 Prize notices. (1) DEFINITIONS. In this section: (a) “Prize” means a gift, award or other item or service of value. (b) 1. “Prize notice” means a notice given to an individual in this state that satisfies all of the following: a. Is or contains a representation that the i…
Wis. Stat. § 100.173 Ticket refunds
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100.173 Ticket refunds. (1) In this section: (a) “Originally scheduled date” means the date on which an entertainment or sporting event is scheduled to be held when a ticket for the event is purchased from the promoter of the event or the promoter’s agent. (b) “Promoter” means a …
Wis. Stat. § 100.174 Mail-order sales regulated
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100.174 Mail-order sales regulated. (1) In this section: (a) “Buyer” means an individual who: 1. Is a resident of this state; and 2. While located in this state, receives a solicitation and orders goods from a seller for personal, family or household purposes. (b) “Delivery perio…
Wis. Stat. § 100.175 Dating service contracts
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100.175 Dating service contracts. (1) In this section, “dating service” means a service that purports to assist a person in obtaining friendship or companionship through a program in which a person is provided an opportunity to meet other persons. (2) The seller of dating service…
Wis. Stat. § 100.177 Fitness center and weight reduction center contracts
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100.177 Fitness center and weight reduction center contracts. (1) In this section: (ag) “Center” means a fitness center or a weight reduction center. (am) “Conspicuous” has the meaning designated under s. 421.301 (8). (b) “Contract for center services” or “contract” means any of …
Wis. Stat. § 100.178 Fitness center staff requirements
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100.178 Fitness center staff requirements. (1) In this section: (b) Notwithstanding s. 93.01 (3), “department” means the department of health services. (c) “Fitness center” has the meaning given under s. 100.177 (1) (c). (d) “Institution of higher education” has the meaning given…
Wis. Stat. § 100.18 Fraudulent representations
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100.18 Fraudulent representations. (1) No person, firm, corporation or association, or agent or employee thereof, with intent to sell, distribute, increase the consumption of or in any wise dispose of any real estate, merchandise, securities, employment, service, or anything offe…
Wis. Stat. § 100.182 Fraudulent drug advertising
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100.182 Fraudulent drug advertising. (1) In this section, “drug” has the meaning specified in s. 450.01 (10). (2) No person may advertise the availability of any drug or publish or circulate such an advertisement with the intent of selling, increasing the consumption of or genera…
Wis. Stat. § 100.183 Fraud, advertising foods
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100.183 Fraud, advertising foods. (1) No person, firm, corporation or association shall, with intent to sell, or increase the consumption thereof, or create an interest therein, make, publish, disseminate, circulate, or place before the public in this state, or cause, directly or…
Wis. Stat. § 100.184 Advertising foods for sale
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100.184 Advertising foods for sale. No person shall, himself or herself, or by a servant or agent, or as the servant or agent of any other person, advertise for sale any article of food in package form when the retail price is mentioned in such advertisement unless the actual wei…
Wis. Stat. § 100.185 Fraud, advertising musical performances
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100.185 Fraud, advertising musical performances. (1) DEFINITIONS. In this section: (a) “Performing group” means a vocal or instrumental group that intends to advertise or perform under the name of a recording group. (b) “Recording group” means a vocal or instrumental group to who…
Wis. Stat. § 100.186 Linseed oil, white lead, zinc oxide, turpentine; standards; sale
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100.186 Linseed oil, white lead, zinc oxide, turpentine; standards; sale. (1) No person shall sell as and for “raw flaxseed oil” or “raw linseed oil” any oil unless it is obtained from the seeds of the flax plant and unless it fulfills all the requirements for linseed oil laid do…
Wis. Stat. § 100.187 Sale of honey and Wisconsin certified honey; rules, prohibitions
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100.187 Sale of honey and Wisconsin certified honey; rules, prohibitions. (1) The department shall promulgate rules that do all the following: (a) Establish standards for products sold as honey that are consistent with the standard for honey under the Codex Alimentarius of the Fo…
Wis. Stat. § 100.19 Distribution methods and practices
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100.19 Distribution methods and practices. (1) The methods of distribution and practices in the distribution of food products and fuel shall be free from needless waste and needless duplication which tend to increase the cost of such products to the consuming public. Methods of d…
Wis. Stat. § 100.195 Unfair billing for consumer goods or services
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100.195 Unfair billing for consumer goods or services. (1) DEFINITIONS. In this section: (a) “Bill” means to represent to any consumer, directly or by implication, that the consumer is obligated to pay a stated amount for consumer goods or services. “Bill” includes to refer a pay…
Wis. Stat. § 100.197 Patent notifications
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100.197 Patent notifications. (1) DEFINITIONS. In this section: (a) “Patent notification” means a letter, e-mail, or other written communication attempting in any manner to enforce or assert rights in connection with a patent or pending patent. (b) “Target” means a person who mee…
Wis. Stat. § 100.20 Methods of competition and trade practices
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100.20 Methods of competition and trade practices. (1) Methods of competition in business and trade practices in business shall be fair. Unfair methods of competition in business and unfair trade practices in business are hereby prohibited. (1m) It is an unfair trade method of co…
Wis. Stat. § 100.201 Unfair trade practices in the dairy industry
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100.201 Unfair trade practices in the dairy industry. (1) DEFINITIONS. Unless context requires otherwise: (a) “Broker” means any person engaged in negotiating sales or purchases of selected dairy products for or on behalf of a retailer or wholesaler or both. (b) 1. “Retailer” mea…
Wis. Stat. § 100.202 Contracts in violation void
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100.202 Contracts in violation void. All contracts and agreements made in violation of s. 100.201 are void.
Wis. Stat. § 100.203 Vehicle protection product warranties
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100.203 Vehicle protection product warranties. (1) DEFINITIONS. In this section: (a) “Administrator” means a party other than the warrantor whom the warrantor designates to be responsible for the administration of warranties. (b) “Commissioner” means the commissioner of insurance…
Wis. Stat. § 100.205 Motor vehicle rustproofing warranties
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100.205 Motor vehicle rustproofing warranties. (1) In this section: (a) “Advertisement” means any oral, written, printed or graphic statement, claim or representation concerning rustproofing which is made in connection with the solicitation or sale of rustproofing. (b) “Retail cu…
Wis. Stat. § 100.206 Music royalty collections; fair practices
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100.206 Music royalty collections; fair practices. (1) DEFINITIONS. In this section: (a) “Copyright owner” means the owner of a copyright that is of a musical work and that is recognized and enforceable under 17 USC 101, et seq. “Copyright owner” does not include the owner of a c…
Wis. Stat. § 100.207 Telecommunications services
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100.207 Telecommunications services. (1) DEFINITION. In this section, “telecommunications service” has the meaning given in s. 196.01 (9m). (2) ADVERTISING AND SALES REPRESENTATIONS. A person may not make in any manner any statement or representation with regard to the provision …
Wis. Stat. § 100.208 Unfair trade practices in telecommunications
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100.208 Unfair trade practices in telecommunications. (1) In this section, “telecommunications provider” has the meaning given in s. 196.01 (8p). (2) The department shall notify the public service commission if any of the following conditions exists: (a) A telecommunications prov…
Wis. Stat. § 100.209 Video programming service subscriber rights
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100.209 Video programming service subscriber rights. (1) DEFINITIONS. In this section: (c) “Multichannel video provider” means an interim cable operator, as defined in s. 66.0420 (2) (n), video service provider, as defined in s. 66.0420 (2) (zg), or multichannel video programming…
Wis. Stat. § 100.2095 Labeling of bedding
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100.2095 Labeling of bedding. (1) In this section, “bedding” means any mattress, upholstered spring, comforter, pad, cushion or pillow designed and manufactured for the purpose of sleeping or reclining. (2) (a) All bedding shall be labeled to include a description of the material…
Wis. Stat. § 100.21 Substantiation of energy savings or safety claims
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100.21 Substantiation of energy savings or safety claims. (1) DEFINITIONS. In this section: (a) “Dwelling unit” means a dwelling, as defined under s. 101.61 (1), a modular home, as defined under s. 101.71 (6), a manufactured home, as defined under s. 101.91 (2), or a multifamily …
Wis. Stat. § 100.22 Discrimination in purchase of milk prohibited
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100.22 Discrimination in purchase of milk prohibited. (1) PROHIBITION. Except as provided in sub. (1m), no person engaged in the business of buying milk from producers for the purpose of manufacture, processing or resale may discriminate between producers in the price paid for mi…
Wis. Stat. § 100.23 Contract to market agricultural products; interference prohibited
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100.23 Contract to market agricultural products; interference prohibited. (1) DEFINITION. In this section: (a) “Agricultural product” includes, but is not limited to, any agricultural commodity, as defined in s. 94.67 (2). (b) “Association” means an association of persons engaged…
Wis. Stat. § 100.235 Unfair trade practices in procurement of vegetable crops
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100.235 Unfair trade practices in procurement of vegetable crops. (1) DEFINITIONS. In this section: (a) “Affiliate” means any of the following persons or business entities: 1. An officer, director, partner, member, manager, major stockholder, employee or agent of a contractor. 2.…
Wis. Stat. § 100.24 Revocation of corporate authority
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100.24 Revocation of corporate authority. Any corporation, or limited liability company, foreign or domestic, which violates any order issued under s. 100.20 may be enjoined from doing business in this state and its certificate of authority, incorporation or organization may be c…
Wis. Stat. § 100.25 Cumulative remedies
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100.25 Cumulative remedies. Nothing in ss. 100.22 to 100.24 shall be construed as repealing any other law of this state, but the remedies herein provided shall be cumulative to all other remedies provided by law in and for such cases.
Wis. Stat. § 100.26 Penalties
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100.26 Penalties. (1) Any person who violates any provision of this chapter, except s. 100.18, 100.20, 100.206 or 100.51, for which no specific penalty is prescribed shall be fined not to exceed $200, or imprisoned in the county jail not more than 6 months or both. (2) Any person…
Wis. Stat. § 100.261 Consumer protection surcharge
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100.261 Consumer protection surcharge. (1) If a court imposes a fine or forfeiture for a violation of this chapter, ch. 98, a rule promulgated under this chapter or ch. 98, or an ordinance enacted under this chapter or ch. 98, the court shall also impose a consumer protection sur…
Wis. Stat. § 100.263 Recovery
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100.263 Recovery. In addition to other remedies available under this chapter, the court may award the department the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation and the court may award the depar…
Wis. Stat. § 100.264 Violations against elderly or disabled persons
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100.264 Violations against elderly or disabled persons. (1) DEFINITIONS. In this section: (a) “Disabled person” means a person who has an impairment of a physical, mental or emotional nature that substantially limits at least one major life activity. (b) “Elderly person” means a …
Wis. Stat. § 100.265 List of gasohol and alternative fuel refueling facilities
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100.265 List of gasohol and alternative fuel refueling facilities. No later than December 31 annually, and at such other times as the department determines to be necessary, the department shall publish and transmit to the department of administration a list of all refueling facil…
Wis. Stat. § 100.27 Dry cell batteries containing mercury
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100.27 Dry cell batteries containing mercury. (1) DEFINITIONS. In this section: (a) “Alkaline manganese battery” means a battery with a manganese dioxide electrode and an alkaline electrolyte. (b) “Alkaline manganese button cell battery” means an alkaline manganese battery that r…