Weird Laws in Wisconsin That Are Still on the Books

Several weird laws in Wisconsin are still on the books and technically enforceable: restaurants can’t serve you colored margarine unless you ask for it, cheese sold with a quality grade has to be evaluated by a licensed grader, minors can drink in a bar with a parent, adultery is a felony, and drivers have to yield to cattle being herded down a highway. Some see occasional enforcement, others sit dormant, and a few of the strangest-sounding rules people repeat about Wisconsin were repealed decades ago or never existed as described.

Margarine Cannot Be Served in Place of Butter

Wisconsin Statute 97.18 still governs how margarine is packaged, labeled, and served across the state. A restaurant cannot serve colored margarine as a substitute for butter unless the customer specifically asks for it. State institutions like hospitals and prisons cannot serve margarine to patients or inmates at all, unless a physician orders the substitution for a specific person’s health needs.1Wisconsin State Legislature. Wisconsin Code 97.18 – Oleomargarine Regulations

Retail packaging is regulated just as tightly. Margarine must be sold in labeled, one-pound packages, with the word “oleomargarine” or “margarine” in type at least as large as any other text on the label. Each portion inside the package needs its own wrapper carrying the same label.1Wisconsin State Legislature. Wisconsin Code 97.18 – Oleomargarine Regulations

The penalties are not symbolic. A first offense carries a fine of $100 to $500, up to three months in jail, or both. A second offense jumps to $500 to $1,000 in fines and six months to a full year in jail.1Wisconsin State Legislature. Wisconsin Code 97.18 – Oleomargarine Regulations

Only a Licensed Grader Can Assign Cheese Grades

Under Administrative Code ATCP 81, cheese sold with a quality grade in Wisconsin must meet specific moisture and milkfat content requirements, and only a licensed grader or the state Department of Agriculture can assign the grade. Licensed graders evaluate each cheese for flavor, body, texture, color, and, for Swiss-style varieties, eye characteristics before it can earn a designation like Wisconsin Grade A. Cheese that fails the sensory evaluation cannot carry the grade label.2Legal Information Institute. Wisconsin Administrative Code ATCP 81.23 – Cheese Grading

Minors Can Drink in a Bar With a Parent

Wisconsin is one of the few states where someone under 21 can legally drink alcohol on licensed premises. Under Section 125.07(1), minors may possess and consume alcohol as long as they are accompanied by a parent, legal guardian, or spouse of legal drinking age.3Wisconsin Department of Revenue. Alcohol Beverage Laws for Retailers – Underage Alcohol Questions

Individual bars and restaurants can still refuse. Licensees have full discretion to prohibit underage consumption on their premises regardless of whether a parent is present, so the right exists on paper but depends on where you walk in.3Wisconsin Department of Revenue. Alcohol Beverage Laws for Retailers – Underage Alcohol Questions

Adultery Is Classified as a Felony

Under Wisconsin Statute 944.16, a married person who has sexual intercourse with someone other than their spouse is guilty of a Class I felony. The same charge applies to the other participant, even if unmarried; both parties face felony liability.4Wisconsin State Legislature. Wisconsin Code 944.16 – Adultery

Prosecutions are exceedingly rare, but the statute has never been repealed. Wisconsin is one of the only states where an extramarital affair could theoretically send someone to prison rather than only to divorce court.

Public Profanity Can Support a Disorderly Conduct Charge

Wisconsin Statute 947.01 defines disorderly conduct to include violent, abusive, profane, or unreasonably loud behavior under circumstances that tend to provoke a disturbance. It is a Class B misdemeanor.5Wisconsin State Legislature. Wisconsin Code 947.01 – Disorderly Conduct A Class B misdemeanor carries a maximum fine of $1,000, up to 90 days in jail, or both.6Wisconsin State Legislature. Wisconsin Code 939.51 – Classification of Misdemeanors

The profanity piece has been sharply narrowed by the First Amendment. In Cohen v. California, the U.S. Supreme Court held that states cannot criminalize the mere public display of profane language, finding that vulgar expression is protected speech unless it rises to the level of fighting words directed at a specific person.7Justia. Cohen v. California, 403 U.S. 15 The statute’s text still lists profane conduct, but officers and prosecutors cannot use it to punish someone simply for swearing in public. The conduct generally needs to target someone in a way likely to provoke a physical confrontation.

You Can Kill a Dog That Is Harassing Livestock

Wisconsin Statute 174.01 gives anyone the legal right to kill a dog on the spot if they witness it “worrying” a domestic animal, provided the dog is off its owner’s property at the time. “Worrying” is a legal term of art with a mundane definition: running around, barking at, chasing, or biting livestock.8Wisconsin State Legislature. Wisconsin Code Chapter 174 – Dogs

Dog owners are liable for the full amount of damages their pet causes to people, other animals, or property. If the owner was previously notified that the dog had bitten someone badly enough to cause permanent scarring, and the dog does it again, the owner owes double the full damages.9Wisconsin State Legislature. Wisconsin Code 174.02 – Liability for Injury Triple damages require a narrower situation: a prior finding that the dog caused injury, the owner’s failure to comply with a resulting court order, and the dog causing injury again in the same manner.8Wisconsin State Legislature. Wisconsin Code Chapter 174 – Dogs

Drivers Must Yield to Cattle on the Highway

If you encounter a herd of cattle being driven down a Wisconsin highway, you yield. Statute 346.21 requires motor vehicle operators to give livestock the right-of-way when the animals are being herded along or across any highway.10Wisconsin State Legislature. Wisconsin Code 346.21 – Right-of-Way of Livestock A separate provision in the same chapter requires drivers approaching any animal being ridden or driven on a highway to reduce speed or stop as needed to avoid a collision and to avoid frightening the animal. Startling a horse on a public road is treated as a genuine traffic safety concern.

Some Famous “Weird Laws” Are Not Actually on the Books

Plenty of viral lists include claims that no longer reflect Wisconsin law. The best example is the ban on duelists holding public office. Article XIII, Section 2 of the Wisconsin Constitution originally contained exactly that prohibition, but voters repealed the provision in April 1975. A would-be duelist can run for governor today without a constitutional barrier.11Justia. Wisconsin Constitution Article XIII Section 2 – Dueling

The dueling ban shows up in articles and social media posts as if it were still active, but it hasn’t been in the state constitution for over fifty years. Other strange-sounding rules attributed to Wisconsin fall into the same category: repealed, never enacted in the form described, or drawn from a single municipality’s ordinance rather than state law. The statutes that genuinely remain, like the margarine rules and the adultery felony, are odd enough without embellishment.