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.
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.
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
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”.
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.”
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.
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
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.
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.
The statutes cover all general plastic containers such as below:
- Alcohol beverage
- Tea bottles
- Drinking water bottles
- Blister packs
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.
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“)
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).
The statutes cover a wide range of fabrics, including the following:
- Wearing apparel
- Home textiles
- Furnishing materials
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.
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.
The statutes cover bedding items that are designed and manufactured for the purpose of sleeping or reclining.
Here are some examples of covered products:
- Upholstered springs
The statutes state that bedding items sold in Wisconsin should comply with the labeling requirements, including manufacturers’ contact and material statements.
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.
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
The substance requirement does not apply to packaging that is made from recycled materials.
The statutes set out the limitation for the following substances:
- Hexavalent chromium
The total concentration of the above heavy metals should not exceed 100 parts per million.
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.
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.
The product liability rules apply to most consumer goods. Here are some examples of covered products:
- Jewelry products
- Textile products
- Electronic products
- Kitchen products
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
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.
|Child’s Containers Containing Bisphenol-A||Link|
|Furs to Be Labeled||Link|
|Plastic Container Labeling||Link|
|Labeling of Bedding||Link|
|Reduction of Toxics in Packaging||Link|