100.38 Antifreeze. - Wisconsin Statutes

100.38

100.38 Antifreeze.

100.38(1)

(1) Definition. "Antifreeze" includes all substances intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines in order to prevent freezing of the cooling liquid, or to lower its freezing point.

100.38(2)

(2) Adulteration. An antifreeze is adulterated if:

100.38(2)(a)

(a) It consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustion engine; or

100.38(2)(b)

(b) It will make the operation of an engine dangerous to the user; or

100.38(2)(c)

(c) Its strength, quality or purity falls below the standards represented.

100.38(3)

(3) Misbranding. An antifreeze shall be deemed to be misbranded if:

100.38(3)(a)

(a) Its labeling is false or misleading in any particular; or

100.38(3)(b)

(b) When in package form it does not bear a label containing the name and place of business of the manufacturer, packer, seller or distributor, together with an accurate statement of the quantity of the content in terms of weight and measure on the outside of the package; or

100.38(3)(c)

(c) It does not bear a statement warning of any hazard of substantial injury to human beings which may result from the intended use or reasonably foreseeable misuse of the antifreeze, and which complies with the requirements of s. 100.37.

100.38(5)

(5) Inspection. The department shall enforce this section by inspection, chemical analyses or any other appropriate method and the department may promulgate such rules as are necessary to effectively enforce this section.

100.38(6)

(6) Enforcement. It is unlawful to sell any antifreeze which is adulterated or misbranded. In addition to the penalties provided under sub. (7), the department may bring an action to enjoin violations of this section.

100.38(7)

(7) Penalty. Any person violating this section may be fined not less than $50 or not more than $500 for each offense.

100.38 - ANNOT.

History: 1971 c. 40 s. 93; 1979 c. 89, 342.

100.38 - ANNOT.

Cross Reference: See also ch. ATCP 139, Wis. adm. code.