State v. Poly-America, Inc.

The state appeals a dismissal of its action charging Poly-America, Inc., with violations of sec. 98.26(l)(c), Stats. The complaint charged that Poly-America, a manufacturer of polyethylene sheeting doing business in Wisconsin, sold 181 rolls of product that were underweight when compared to the weight stated on the package label. The parties request that we interpret the terms of Wis. Adm. Code § Ag 53.12(1) to determine whether the charges should have been dismissed. The trial court concluded that a lot may include those packages found on the retail shelf, but dismissed the action on summary…