2013 WISCONSIN ACT
77
An Act
to repeal
941.26 (4) (f), 941.26 (4) (h), 941.26 (4) (i), 941.26 (4) (j) 1. c. and 941.26 (4) (j) 2.;
to renumber and amend
941.26 (4) (k);
to consolidate, renumber and amend
941.26 (4) (j) 1. (intro.), a. and b.; and
to create
941.26 (4) (g) 1m., 941.26 (4) (k) 2. and 941.26 (4) (m) of the statutes;
relating to:
the regulation of oleoresin of capsicum in containers sold in this state.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
941.26 (4) (f) of the statutes is repealed.
Section
2
.
941.26 (4) (g) 1m. of the statutes is created to read:
941.26
(4)
(g) 1m. Subdivision 1. does not apply to an actor who is a parent, guardian, or legal custodian of a person who has not attained 18 years of age if the actor gives the person the device or container.
Section
3
.
941.26 (4) (h) of the statutes is repealed.
Section
4
.
941.26 (4) (i) of the statutes is repealed.
Section
5
.
941.26 (4) (j) 1. (intro.), a. and b. of the statutes are consolidated, renumbered 941.26 (4) (j) and amended to read:
941.26
(4)
(j) Whoever intentionally sells a device or container described under par. (a) without providing the purchaser with
all of the following is guilty of a Class A misdemeanor: a. A
a
proper label on the device or container
. b. Written
and written
safety instructions for using the device or container
is guilty of a Class A misdemeanor
.
Section
6
.
941.26 (4) (j) 1. c. of the statutes is repealed.
Section
7
.
941.26 (4) (j) 2. of the statutes is repealed.
Section
8
.
941.26 (4) (k) of the statutes is renumbered 941.26 (4) (k) 1. and amended to read:
941.26
(4)
(k) 1.
Any
Except as provided in subd. 2., any
person who has not attained the age of 18 years and who possesses a device or container described under par. (a) is subject to a Class E forfeiture.
Section
9
.
941.26 (4) (k) 2. of the statutes is created to read:
941.26
(4)
(k) 2. Subdivision 1. does not apply if the person's parent, guardian, or legal custodian purchased the device or container for him or her or gave the device or container to him or her.
Section
10
.
941.26 (4) (m) of the statutes is created to read:
941.26
(4)
(m) The department of justice may not promulgate or enforce any rule that regulates a device or container described under par. (a).
Section
11
.
Initial applicability.
(1) The treatment of section 941.26 (4) (g) 1m., (i), and (j) 1. c. and 2. of the statutes first applies to sales that occur on the effective date of this subsection.
