Section ATCP 137.08 - Substantiating representations(1) No person may represent that a product is recycled, recyclable or degradable unless that person can substantiate the representation at the time the representation is made. The substantiation shall be all of the following: (a) Adequate to support every direct and implied claim made in the representation.(b) Based on competent and reliable evidence consisting of tests, analyses, research, studies or other evidence developed and evaluated in an objective manner by persons qualified to do so, using procedures that are generally accepted in the profession as yielding accurate and reliable results.(c) Adequate to prove that the representation is not false, deceptive or misleading.(d) Adequate to support the representation under reasonably foreseeable conditions specified or implied in the representation.(2) No document or other evidence may be used to substantiate a representation under sub. (1) unless the person making the representation possessed that document or evidence at the time the representation was made, and relied upon that document or evidence in making the representation. (3) If any person represents that a product is recycled, recyclable or degradable, the department may issue a written notice to that person requiring that person to provide the department with the evidence upon which that person relied to substantiate the representation at the time the representation was made. The person making the representation shall submit the required evidence to the department within 45 days after the request is made, unless the department grants an extension of time.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 137.08
Cr. Register, January, 1994, No. 457, eff. 2-1-94.