Section ATCP 137.13 - Labeling(1) TRIANGULAR SYMBOL. Each plastic container regulated under this subchapter and under s. 100.33, Stats., shall have a triangular symbol molded, imprinted or otherwise attached. Inside the triangle shall be a number and below the triangle shall be a series of letters identifying the resin used in the plastic container, as specified in sub. (2).(2) IDENTIFICATION OF RESIN. To identify the resin used in a plastic container, the following codes are required as part of the symbol under sub. (1): (a) If the plastic container is made of polyethylene terephthalate, the number "1" and the letters "PETE" with the symbol.(b) If the plastic container is made of high density polyethylene, the number "2" and the letters "HDPE" with the symbol.(c) If the plastic container is made of polyvinyl chloride, the number "3" and the letter "V" with the symbol.(d) If the plastic container is made of low density polyethylene, the number "4" and the letters "LDPE" with the symbol.(e) If the plastic container is made of polypropylene, the number "5" and the letters "PP" with the symbol.(f) If the plastic container is made of polystyrene, the number "6" and the letters "PS" with the symbol.(g) If the plastic container is made of other resins or of multiple resins, the number "7" and the word "OTHER" with the symbol. A plastic container whose label or base cup is composed of a different resin shall be labeled according to the container's principal resin.(3) LABEL SIZE. (a) Except as provided in par. (b), the height of the triangle required under sub. (1) shall be at least one-half inch. The numbers and letters required under sub. (2) shall be at least one-fourth the height of the triangle. (b) If a plastic container is designed such that a label of the size specified in par. (a) cannot be added to it, a smaller label may be used, if the label can be easily read at a glance. Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 137.13
Cr. Register, November, 1990, No. 419, eff. 12-1-90; renum. from ATCP 135.05 and am. (1), Register, February, 1996, No. 482, eff. 3-1-96.Using a recycling symbol would satisfy the requirement that a triangular symbol be incorporated in the label, such as the following examples shown below. A simple triangle can be substituted for the recycling arrows.
The prohibition against selling unlabeled plastic containers in s. 100.33, Stats., applies to sales and offers to sell made by manufacturers, distributors, those who place products in regulated plastic containers and retailers. The law does not specifically impose the duty to label on any one of these parties, but s. 100.33(2), Stats., conveys an intent that primary labeling responsibility will fall first on plastic container manufacturers and next on those who place products in plastic containers.