# Wisconsin · retail and wholesale · prohibition — State below-cost motor fuel selling laws and minimum-markup percentages

For Wisconsin · retail and wholesale · prohibition, state is Wisconsin; applies to is retail and wholesale; rule is prohibition; law name is Unfair Sales Act; statute citation is Wis. Stat § 100.30, recorded from its source on 2026-08-20; source re-checked 2026-09-01.

- **State:** Wisconsin _(our reading, not quoted from the source)_
- **Applies to:** retail and wholesale _(our reading, not quoted from the source)_
- **Rule:** prohibition _(our reading, not quoted from the source)_
- **Law name:** Unfair Sales Act _(verified: appears in the quote below)_
- **Statute citation:** Wis. Stat § 100.30 _(verified: appears in the quote below)_
- **What is prohibited:** the Unfair Sales Act prohibits selling items of merchandise below cost _(verified: appears in the quote below)_
- **Exceptions:** Meeting the existing price of a direct competitor Clearance and final liquidation sales Sales of damaged or perishable merchandise Contracted sales to government institutions Sales for charitable purposes or to relief agencies _(verified: appears in the quote below)_

## What the source says

> Commonly referred to as the "Minimum Markup Law," the Unfair Sales Act prohibits selling items of merchandise below cost. The law states that "the practice of selling [...] below cost to in order to attract patronage is generally a form of deceptive advertising and an unfair method of competition in commerce." See <https://datcp.wi.gov/Pages/Programs_Services/https://docs.legis.wisconsin.gov/document/statutes/100.30> Wis. Stat § 100.30, the Unfair Sales Act and <https://datcp.wi.gov/Pages/Programs_Services/http://docs.legis.wisconsin.gov/code/admin_code/atcp/090/105.pdf> Wis. Admin. Code ch. ATCP 105, Sales Below Cost . Common exceptions that permit sales below cost include [refer to <https://datcp.wi.gov/Pages/Programs_Services/https://docs.legis.wisconsin.gov/document/statutes/100.30(6)> Wis. Stat. § 100.30(6) for a complete list of exceptions]: Meeting the existing price of a direct competitor Clearance and final liquidation sales Sales of damaged or perishable merchandise Contracted sales to government institutions Sales for charitable purposes or to relief agencies

## Source

- https://datcp.wi.gov/Pages/Programs_Services/UnfairSalesAct.aspx

Last verified: 2026-09-01. Review by: 2027-02-16.
Part of [State below-cost motor fuel selling laws and minimum-markup percentages](https://referencesource.org/motor-fuel-minimum-markup-laws-by-state/).