Product Safety Standards and Regulations in Wisconsin: An Overview

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Product Safety Regulations Wisconsin

Some products sold in the state of Wisconsin must be compliant with local safety requirements, substance restrictions, labeling, and other compliance requirements. In this guide, we introduce the reader to product regulations applicable to Bisphenol-A, fur products, plastic containers, fabric flammability, beddings, packaging materials, and more.

Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Wisconsin. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.


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Child’s Containers Containing Bisphenol-A

The Wisconsin Statutes 100.335 prohibits the use of Bisphenol-A (BPA) and sets out labeling requirements for child’s containers.

Product Scope

Statutes 100.335 cover child’s containers, which are defined as empty baby bottles or spill-proof cups intended for use by a child 3 years of age or younger.

Below we list out some product examples:

  • Sippy cup for toddlers
  • Nursing bottles
  • Feeding bottles
  • Pacifier bottles

Requirements

The statutes require that no person should manufacture or sell any child’s container that contains Bisphenol-A. Also, the container should carry a “BPA-free”.

Labeling

Manufacturers or wholesalers should ensure the containers carry a label stating that the product does not contain Bisphenol-A.

Here are some examples of the label wording:

a. “This product does not contain bisphenol-A.”

b. “100% BPA Free.”

c. “No BPA.”

Lab Testing

Manufacturers and sellers should arrange a BPA test from reputable testing companies such as TUV, Intertek, or SGS, to ensure that their products don’t contain Bisphenol-A.

Furs to Be Labeled

The Wisconsin Statutes 100.35 sets out the labeling requirement for fur garments. It also outlines the penalties for the violation.

Product Scope

The statutes cover any garment that is partially or wholly made of fur. Below we list out some product examples:

  • Beaver jackets
  • Faux coats
  • Fox scarfs
  • Mink muffs

Requirements

The statutes require that no person should sell or offer or display any fur garments without a conspicuous label of the species of fur. Any person who violates this requirement may be fined up to $200.

This requirement does not apply to fur garments sold at a price of less than $50.

Labeling

Fur garments must bear a clear and legible label showing the fur species, in English.

Here are some examples of label wording:

a. “This garment is made of mink.

b. “Made of raccoon, beaver, and rabbit.

c. “Fabric material: Faux, fox.

Plastic Container Labeling

The Wisconsin Statutes 100.33 introduces recycling labeling requirements for plastic containers such as plastic bottles and beverage bottles. It also prohibits the sale of plastic containers if they do not have a recycling label.

Product Scope

The statutes cover all general plastic containers such as below:

  • Alcohol beverage
  • Tea bottles
  • Drinking water bottles
  • Blister packs

Requirements

The statutes prohibit the sale of plastic containers without any recycling label. Instead, manufacturers or sellers should attach a legible label to facilitate recycling.

The label should include instructions for operators of material recovery programs.

Labeling

The statutes recommend that manufacturers and sellers should comply with the national industry-wide plastic container coding systems. Here are some examples of information that should be included in the recycling labels:

  • Manufacturer contacts
  • Material contents
  • Recycling numbers and abbreviations
  • Recycling symbols
  • Warning statement (e.g “Rinse before recycling“)

Flammable Fabrics

The Wisconsin Statutes 100.41 provides a general provision on flammable fabrics, which includes wearing apparel, textiles, or furnishing materials. It prohibits the sale of fabrics if these fail to conform with the Federal Flammable Fabrics Act (FFA).

Product Scope

The statutes cover a wide range of fabrics, including the following:

  • Wearing apparel
  • Home textiles
  • Fabrics
  • Furnishing materials
  • Tents

Requirements

The statutes provide requirements for the sale of flammable fabric products as below:

a. Flammable fabric products should conform with the FFA before being sold in Wisconsin

b. No person should sell or offer any non-compliant flammable fabric products in Wisconsin

c. In addition to the standard of flammability, manufacturers, and sellers should also comply with the labeling requirements under the FFA.

Lab Testing

Manufacturers should contact a lab testing company to arrange flammability testing according to the FFA requirements, before selling covered products in Wisconsin.

Labeling of Bedding

The Wisconsin Statutes 100.2095 set out the labeling requirement for bedding items. Also, it prohibits the sale of bedding items that fail to comply with the labeling requirements.

Product Scope

The statutes cover bedding items that are designed and manufactured for the purpose of sleeping or reclining.

Here are some examples of covered products:

  • Mattresses
  • Upholstered springs
  • Comforters
  • Pads
  • Cushions
  • Pillows

Requirements

The statutes state that bedding items sold in Wisconsin should comply with the labeling requirements, including manufacturers’ contact and material statements.

Labeling

The statutes require manufacturers or sellers to comply with the labeling requirements as below:

a. Bedding items should be labeled with the name and address of the manufacturers

b. Bedding items should be labeled with a material statement such as “Manufactured of new material” or “Manufactured of secondhand material”

c. The label should not measure less than 3 inches by 4.5 inches in size.

Reduction of Toxics in Packaging

The Wisconsin Statutes 100.285 aims to reduce toxic substances in packaging, and it sets out limitations on heavy metals such as lead and cadmium.

Product Scope

The statutes cover a wide range of packaging including any interior or exterior components.

Here are some examples of covered products:

  • Package cushioning
  • Package weatherproofing
  • Package coating
  • Package labeling
  • Package ink

Exceptions

The substance requirement does not apply to packaging that is made from recycled materials.

Requirements

The statutes set out the limitation for the following substances:

  • Lead
  • Cadmium
  • Mercury
  • Hexavalent chromium

The total concentration of the above heavy metals should not exceed 100 parts per million.

Lab Testing

Manufacturers and sellers should arrange third-party lab testing to verify that their packaging doesn’t contain restricted heavy metals above the limit, before selling in Wisconsin.

Product Liability

The Wisconsin Statutes 895.047 explain the liability of manufacturers and sellers for defective products. It covers topics such as time limit for claims and inadequate warning.

Product Scope

The product liability rules apply to most consumer goods. Here are some examples of covered products:

Requirements

The statutes explain in which cases a manufacturer is liable to a claimant, including:

a. The product is defective in manufacturing, design, or inadequate warning

b. The product is unreasonably dangerous to persons or property

c. The defective condition was a cause of the claimant’s damage

A seller or distributor is not liable for defective products unless:

a. A seller or distributor is also a part of the manufacturing or design process

b. A court determines that the claimant would not be able to enforce a judgment against the manufacturer

Lab Testing

Manufacturers of consumer products should contact a lab testing company and perform the necessary lab testing to ensure that their products comply with applicable regulations and are safe to use for consumers.

Learn More

Regulation Website
Child’s Containers Containing Bisphenol-A Link
Furs to Be Labeled Link
Plastic Container Labeling Link
Flammable Fabrics Link
Labeling of Bedding Link
Reduction of Toxics in Packaging Link
Product Liability Link
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    Disclaimer: The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

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    Sources: Our articles are written in part based on publicly available information, and our own practical experience relating to product compliance. These are some of the primary sources we use:

    • ec.europa.eu
    • echa.europa.eu
    • ecfr.gov
    • cpsc.gov
    • ftc.gov
    • fcc.gov
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