The Village Sealer shall be the State Department of Agriculture,
Trade and Consumer Protection. The Sealer shall have all of the authority
described in § 98.05, Wis. Stats.
The following federal standards, Wisconsin Statutes and state rules are adopted by reference and shall be enforced under this chapter, with violations of such provisions subject to the penalties set forth in §
1-4 of the Village Code:
A. Chapter 98, Weights and Measures, Wis. Stats.
B. Chapter ATCP 90, Fair Packaging and Labeling, Wis. Adm. Code.
C. Chapter ATCP 91, Selling Commodities by Weight, Measure or Count,
Wis. Adm. Code.
D. Chapter ATCP 109, Freezer Meat and Food Service Plans, Wis. Adm.
Code.
E. Chapter ATCP 92, Weights and Measures, Wis. Adm. Code.
F. Sections of Ch. 97, Wis. Stats., pertaining to product labeling,
specifically including the following:
(1) Section 97.03, Standards; misbranding.
(2) Section 97.07, Interpretation.
(4) Section 97.12, Enforcement.
G. Sections of Ch. 100, Wis. Stats., pertaining to advertising, specifically
including § 100.18, Fraudulent representations, and § 100.183,
Fraud, advertising foods.
H. National Institute of Standards and Technology (NIST) Handbook 44,
United States Department of Commerce, Specifications, Tolerances and
Other Technical Requirements and Commercial Weighing and Measuring
Devices.
I. Chapter ATCP 124, Price Comparison Advertising, Wis. Adm. Code.
Whoever does any of the following acts shall be subject to the penalty provided in §
1-4 of the Village Code:
A. Hinders, obstructs or impersonates the Sealer.
B. Uses or has in possession for use in buying or selling any commodity
or service or sells any incorrect weight or measure.
C. Represents in any manner a false quantity or price in connection
with the purchase or sale, or any advertising thereof, of any commodity,
thing or service.
D. Uses or disposes of any rejected weight or measure commodity or removes
therefrom any official tag, seal, stamp or mark without written authority
from the Sealer.
E. Uses any weighing or measuring device in determining the quantity
of any commodity or service to be sold or purchased without having
the device approved and sealed by the Sealer and the proper certificate
obtained in accordance with § 27.08, Wis. Stats.
F. Violates any other provision of this chapter.
The Village Sealer is professional staff of the Village, and costs incurred by the Village pursuant to this Chapter
340, Article
V, may be charged to the owner of the property subject to inspection, per Chapter
67, Article
III, of the Village Code.