Consumer Law at Your Fingertips

Consumer Product Safety

Consumer Product Safety

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) regulates consumer product safety. Under Wisconsin Statutes section 100.42, DATCP may regulate consumer products sold for personal, household or recreational use. But this law does not apply to:

  • Ammunition.
  • Motor vehicles.
  • Aircraft or boats.
  • Pesticides.
  • Hazardous substances.
  • Food or drugs.
  • Animal feed or drugs.

Under Wisconsin law, consumer products must comply with federal standards adopted by the U.S. Consumer Product Safety Commission. The Commission has adopted standards for a large number of products. At the state level, DATCP may:

  • Adopt federal standards by rule, or enforce them directly.
  • Ban the sale of a consumer product that violates federal or state standards.
  • Ban the sale of a consumer product that poses an imminent safety hazard or unreasonable risk of injury (regardless of whether there is an existing standard for that product).
  • Order a seller to recall products sold in violation of existing standards. DATCP may order a seller to replace, or refund the price paid for, those products.
  • Prosecute law violations. DATCP may seek a court injunction under Wisconsin Statutes section 100.42(4). A district attorney may seek a criminal penalty of $200 or 6 months in jail, or both, under Wisconsin Statutes section 100.26(1).

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