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MADISON — Attorney General J.B. Van Hollen has announced that the Wisconsin Department of Justice (DOJ), on behalf of the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), has obtained a Consent Judgment against Krist Oil Co., which operates gas station convenience stores in Northern Wisconsin. Under the terms of the Consent Judgment, Krist Oil Co. is required to pay $65,000.00, which is made up of civil forfeitures, statutory surcharges, and attorneys fees.
The Consent Judgment resolves a lawsuit filed by the State in Oconto County Circuit Court in October of 2010. The complaint, which commenced that litigation, alleged that Krist Oil Co. offered for sale, or exchange, certain liquefied petroleum gas cylinders (“LP gas cylinders”) that were represented to contain a net weight of 17 pounds of LP gas, but when tested were found to be filled to a net weight of less than 17pounds and which underweight condition exceeded the maximum allowable variation.
In addition, the complaint alleged that as to certain LP gas cylinders offered for sale or exchange by Krist Oil Co., Krist Oil Co. did not either provide a declaration of responsibility attached to the container or conspicuously post a declaration of responsibility at the location where the container was offered or displayed for sale or exchange, as required by Wisconsin law.
Further, the complaint alleged that as to certain LP gas cylinders offered for sale or exchange by Krist Oil Co., Krist Oil Co. did not disclose on the LP gas cylinders, or on a tag attached thereto, the net quantity of liquid petroleum gas in each container, as required by Wisconsin law.
Finally, the complaint alleged that as to certain LP gas cylinders, Krist Oil Co. offered for sale or exchange LP gas in cylinders that were not plainly, clearly and conspicuously marked with the container's tare weight, as required by Wisconsin law.
The Consent Judgment also imposes certain injunctive relief, and directs Krist Oil Co. to submit to DATCP a written statement of the method by which Krist Oil Co. will ensure that LP gas cylinders offered for sale or exchange in Wisconsin deliver the net weight of LP gas which they are represented by Krist Oil Co. to contain.
The case was originally investigated and referred to the DOJ by DATCP. The case was prosecuted by Assistant Attorney General Phillip D. Ferris. The Consent Judgment was signed by Marinette County Circuit Court Judge Tim A. Duket, presiding by designation, on November1, 2011.
Copies of the Stipulation for Consent Judgment and the Consent Judgment are available at the following link: