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Produce Sales

Method of Sale for Whole Produce

State law (ATCP 91) requires that fresh fruits and vegetables be sold according to National Standards (NIST Handbook 130). The standards are summarized in the charts below. Search the specific list first to find those commodities that either don’t fit into any of the general groups or have unique methods of sale. If the item is not listed, find the general group in the second table. The item may be sold by any method of sale marked with an X.

Method of Retail Sale for Fresh Fruits and Vegetables Specific Commodity
  Weight Count Head or Bunch Dry Measure (any size) Dry Measure (1 dry qt or larger)
Artichokes X X      
Asparagus X   X    
Avocados   X      
Bananas X X      
Beans (green, yellow, etc.) X       X
Brussels Sprouts (loose) X        
Brussels Sprouts (on stalk)     X    
Cherries X     X X
Coconuts X X      
Corn on the Cob   X      
Dates X        
Eggplant X X      
Figs X        
Grapes X        
Melons (cut in pieces) X        
Mushrooms (small) X     X X
Mushrooms (portobello, large) X X      
Okra X        
Peas X       X
Peppers (bell and other varieties) X X     X
Pineapples X X      
Rhubarb X   X    
Tomatoes (except cherry/grape) X X     X

Method of Retail Sale for Fresh Fruits and Vegetables General Commodity Groups
  Weight Count Head or Bunch Dry Measure (any size) Dry Measure (1 dry qt or larger)
Berries and Cherry/Grape Tomatoes X     X  
Citrus Fruits (oranges, grapefruits, lemons, etc.) X X     X
Edible Bulbs (onions [spring or green], garlic, leeks, etc.) X X X   X
Edible Tubers (Irish potatoes, sweet potatoes, ginger, horseradish, etc.) X       X
Flower Vegetables (broccoli, cauliflower, brussels sprouts, etc.) X   X    
Gourd Vegetables (cucumbers, squash, melons, etc.) X X     X
Leaf Vegetables (lettuce, cabbage, celery, etc.) X   X    
Leaf Vegetables (parsley, herbs, loose greens) X   X X  
Pitted Fruits (peaches, plums, prunes, etc.) X X     X
Pome Fruits (apples, pears, mangoes, etc.) X X     X
Root Vegetables (turnips, carrots, radishes, etc.) X   X    

Click here for a printable version of chart

Commodities listed above that may be sold by count can be packaged and sold by count provided that the package is transparent and there are six or fewer items in the package.


An allowance is given to retailers who wish to sell items required by law to be sold by weight, to be sold by count from bulk. In order to do so, a placard stating the guaranteed minimum individual weight of the individual commodity units displayed for sale is conspicuously posted at the display location. Below is a sample placard.

In any advertisement of such sales, it will be required to declare both the minimum net weight (though the word minimum is not required) and the price per pound. No item can weigh less than the placarded weight.

Method of Sale for Cut Produce

Produce that has been "rough-cut", where only stalks or stems have been removed is still considered whole produce (see above). Produce that has been cut and is ready-to-eat such as fruit cups must be sold and labeled properly. If the produce is served from an employee dispensed case, the produce must be sold by weight and the ingredients must be available. If the produce is prepackaged and placed out for customer self-service, it must contain a label. The label must contain the following information: 

  • The name of the product

  • A listing of ingredients in decreasing order of predominance by weight

  • A net weight or volume statement-- see using a scale below

  • The name, address, and zip code of the manufacturer, packer or distributor

  • Nutrition information, unless the food is specifically exempt

More information about labeling can be obtained from the Wisconsin Department of Agriculture, Trade and Consumer Protection: http://datcp.wi.gov/Food/Labeling/index.aspx 

Using a scale

If you are selling produce by weight, the scale that you use must be approved and licensed. See www.milwaukee.gov/WM for more information.

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