100.28 Sale of cleaning agents and water conditioners containing phosphorus restricted.
(1) Definitions. In this section:
(a) “Chemical water conditioner" means a water softening chemical or other substance containing phosphorus intended to treat water for machine laundry use.
(b) “Cleaning agent" means any laundry detergent, laundry additive, dishwashing compound, cleanser, household cleaner, metal cleaner, degreasing compound, commercial cleaner, industrial cleaner, phosphate compound or other substance intended to be used for cleaning purposes.
(2) Restrictions; retail sales. Except as provided under sub. (3), no person may sell or offer to sell at retail:
(a) General restriction; 0.5 percent. Any cleaning agent which contains more than 0.5 percent phosphorus by weight, other than a cleaning agent for nonhousehold machine dishwashing or for cleansing of medical and surgical equipment.
(b) Restriction for nonhousehold machine dishwashing or cleansing of medical equipment; 8.7 percent. Any cleaning agent for nonhousehold machine dishwashing or for cleansing of medical and surgical equipment which contains more than 8.7 percent phosphorus by weight.
(c) Restriction for water conditioner; 20 percent. Any chemical water conditioner which contains more than 20 percent phosphorus by weight.
(2m) Restrictions; sale to retailer. Except as provided under sub. (3), no person may sell or offer to sell to a retailer:
(a) General restriction; 0.5 percent. Any cleaning agent which contains more than 0.5 percent phosphorus by weight, other than a cleaning agent for nonhousehold machine dishwashing or for cleansing of medical and surgical equipment.
(b) Restriction for nonhousehold machine dishwashing or cleansing of medical equipment; 8.7 percent. Any cleaning agent for nonhousehold machine dishwashing or for cleansing of medical and surgical equipment which contains more than 8.7 percent phosphorus by weight.
(c) Restriction for water conditioner; 20 percent. Any chemical water conditioner which contains more than 20 percent phosphorus by weight.
(3) Exemption; industrial processes and dairy equipment. Cleaning agents used for industrial processes and cleaning or for cleansing dairy equipment are not subject to this section.
(4) Penalty; enforcement.
(a) A person who violates this section shall forfeit not less than $25 nor more than $25,000 for each violation. Each day on which the person sells or offers to sell in violation of this section constitutes a separate violation. Each place at which the person sells or offers to sell in violation of this section constitutes a separate violation.
(am) If a court imposes a forfeiture under par. (a) on the manufacturer of a chemical water conditioner or cleaning agent for a violation of sub. (2m), the court may order the manufacturer to accept the return of the chemical water conditioner or cleaning agent that is the subject of the violation and to refund the purchase price to the retailer who purchased that chemical water conditioner or cleaning agent.
(b) In lieu of or in addition to forfeitures under par. (a), the department may seek an injunction restraining any person from violating this section.
(c) The department, or any district attorney upon the request of the department, may commence an action in the name of the state under par. (a) or (b).
(d) Any action on a violation of this section may be commenced in the circuit court for the county in which the violation occurred, or in the case of multiple violations by a single defendant, in the circuit court for the county in which any of the violations occurred.
History: 1983 a. 73; 1991 a. 115; 1995 a. 27; 2009 a. 63.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 100 - Marketing; trade practices.
100.01 - Produce wholesalers, unfair conduct, liability for damages.
100.02 - Commission merchants, duties, must account.
100.025 - Classification of dairy heifer calves.
100.04 - Livestock production contracts.
100.05 - Butter and cheese manufacturers; accounts accessible.
100.057 - Wisconsin cheese logotype.
100.07 - Milk payments; audits.
100.14 - Uniform labels and trademarks.
100.15 - Regulation of trading stamps.
100.16 - Selling with pretense of prize; in-pack chance promotion exception.
100.174 - Mail-order sales regulated.
100.175 - Dating service contracts.
100.177 - Fitness center and weight reduction center contracts.
100.178 - Fitness center staff requirements.
100.18 - Fraudulent representations.
100.182 - Fraudulent drug advertising.
100.183 - Fraud, advertising foods.
100.184 - Advertising foods for sale.
100.185 - Fraud, advertising musical performances.
100.186 - Linseed oil, white lead, zinc oxide, turpentine; standards; sale.
100.187 - Sale of honey and Wisconsin certified honey; rules, prohibitions.
100.19 - Distribution methods and practices.
100.195 - Unfair billing for consumer goods or services.
100.197 - Patent notifications.
100.20 - Methods of competition and trade practices.
100.201 - Unfair trade practices in the dairy industry.
100.202 - Contracts in violation void.
100.203 - Vehicle protection product warranties.
100.205 - Motor vehicle rustproofing warranties.
100.206 - Music royalty collections; fair practices.
100.207 - Telecommunications services.
100.208 - Unfair trade practices in telecommunications.
100.209 - Video programming service subscriber rights.
100.2095 - Labeling of bedding.
100.21 - Substantiation of energy savings or safety claims.
100.22 - Discrimination in purchase of milk prohibited.
100.23 - Contract to market agricultural products; interference prohibited.
100.235 - Unfair trade practices in procurement of vegetable crops.
100.24 - Revocation of corporate authority.
100.261 - Consumer protection surcharge.
100.264 - Violations against elderly or disabled persons.
100.265 - List of gasohol and alternative fuel refueling facilities.
100.27 - Dry cell batteries containing mercury.
100.28 - Sale of cleaning agents and water conditioners containing phosphorus restricted.
100.285 - Reduction of toxics in packaging.
100.29 - Sale of nonrecyclable materials.
100.295 - Labeling of recycled, recyclable or degradable products.
100.297 - Plastic container recycled content.
100.305 - Prohibited selling practices during periods of abnormal economic disruption.
100.307 - Returns during emergency; prohibition.
100.31 - Unfair discrimination in drug pricing.
100.313 - Solicitation of a fee for providing a public record.
100.315 - Solicitation of contract using check or money order.
100.33 - Plastic container labeling.
100.335 - Child's containers containing bisphenol A.
100.36 - Frauds; substitute for butter; advertisement.
100.37 - Hazardous substances act.
100.383 - Antifreeze; bittering required.
100.43 - Packaging standards; poison prevention.
100.44 - Identification and notice of replacement part manufacturer.
100.45 - Mobile air conditioners.
100.46 - Energy consuming products.
100.47 - Sales of farm equipment.
100.48 - Hour meter tampering.
100.50 - Products containing or made with ozone-depleting substances.
100.51 - Motor fuel dealerships.
100.52 - Telephone solicitations.
100.525 - Telephone records; obtaining, selling, or receiving without consent.
100.53 - Vehicle rentals; title and registration fees.
100.54 - Access to credit reports.
100.545 - Security freezes for protected consumers.
100.55 - Furnishing or using certain consumer loan information to make solicitations.
100.57 - Tax preparers; privacy of client information.
100.60 - State renewable fuels goal.
100.65 - Residential contractors.
100.70 - Environmental, occupational health, and safety credentials.