2023 - 2024 LEGISLATURE
LRB-2304/1
MDE:amn
2023 ASSEMBLY BILL 155
April 10, 2023 - Introduced by Representatives MAGNAFICI, CALLAHAN, CONSIDINE,
ARMSTRONG, BALDEH, CLANCY, DUCHOW, EDMING, EMERSON, KITCHENS, KRUG,
NOVAK, O'CONNOR, PENTERMAN, ROZAR, SCHMIDT, SCHRAA, VANDERMEER,
WITTKE and DRAKE, cosponsored by Senators BALLWEG, CARPENTER, NASS,
STROEBEL and WANGGAARD. Referred to Committee on Consumer Protection.
1 AN ACT to create 100.20 (2) (c) of the statutes; relating to: the sale or rental of
2 soda water beverage equipment and coin-operated vending machines.
Analysis by the Legislative Reference Bureau
This bill prohibits the Department of Agriculture, Trade and Consumer
Protection from regulating the terms of sale or rental of soda water beverage
equipment generally or the terms of sale or rental of coin-operated vending
machines by soda water beverage wholesalers to retail food establishments. Current
law authorizes DATCP to promulgate rules prohibiting methods of competition and
trade practices that it determines are unfair. Using this authority, DATCP has
promulgated rules regulating the terms of sale or rental of soda water beverage
equipment and coin-operated vending machines when the equipment or machines
are sold or rented out by wholesalers. Under this bill, DATCP may not issue orders,
promulgate rules, or enforce existing rules that regulate the terms of sale or rental
of soda water beverage equipment generally or the terms of sale or rental of
coin-operated vending machines by soda water beverage wholesalers to retail food
establishments.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
 2023 - 2024 Legislature -2- LRB-2304/1
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ASSEMBLY BILL 155 SECTION 1
1 SECTION 1. 100.20 (2) (c) of the statutes is created to read:
2 100.20 (2) (c) 1. In this paragraph:
3 a. “Retail food establishment” has the meaning given in s. 97.30 (1) (c).
4 b. “Soda water beverage” has the meaning given in s. 97.34 (1) (b).
5 2. Notwithstanding par. (a), the department may not issue any order or
6 promulgate any rule that regulates the terms of sale or rental of equipment for soda
7 water beverages, other than coin-operated vending machines, or enforce any order
8 or rule that regulates the terms of sale or rental of equipment for soda water
9 beverages, other than coin-operated vending machines.
10 3. Notwithstanding par. (a), the department may not issue any order or
11 promulgate any rule that regulates the terms of sale or rental of coin-operated soda
12 water vending machines by wholesalers of soda water beverages to retail food
13 establishments or enforce any order or rule that regulates the terms of sale or rental
14 of coin-operated soda water vending machines by wholesalers of soda water
15 beverages to retail food establishments.
16 (END)