Wisconsin
Weird Laws in Wisconsin: Which Are Still on the Books?
Independently fact-checked against primary sources (last audited October 21, 2026). · 6 primary sources cited on this page. How we verify our legal content
Wisconsin's weird laws lean heavily on dairy. We checked six claims from popular lists against the Wisconsin Statutes and, for the butter claim, the state's administrative code, as of October 21, 2026. Four are on the books as described, one turns a grading standard into a general rule, and for one no current state law was found. For other states, see our guide to weird laws by state.
Weird laws in Wisconsin: the verdicts
Each claim below was checked against the Wisconsin code and, where it names a town, the local code. 6 claims checked.
The claim: Restaurants can't serve margarine in place of butter unless asked.
What the law says: Wisconsin prohibits serving colored oleomargarine/margarine at a public eating place as a substitute for table butter unless the customer orders it. A separate subsection bars substituting margarine for butter for students, patients or inmates of state institutions.
“The serving of colored oleomargarine or margarine at a public eating place as a substitute for table butter is prohibited unless it is ordered by the customer.”
Penalty: 97.18(6): fined not less than $100 nor more than $500 or imprisoned not more than 3 months or both; subsequent offense fined $500 to $1,000 or jailed 6 months to one year.
No court opinion in our database cites this section.
Primary source · Checked October 21, 2026.
The claim: Restaurants must serve cheese with apple pie.
What the law says: No Wisconsin statute found requiring restaurants to serve cheese with apple pie, as of 2026-10-21. According to the Wisconsin State Law Library, a 1935 law (1935 Laws of Wis., ch. 106) required restaurants to serve a small amount of cheese and butter with meals; it was in effect from June 1935 to March 1937.
No state law found in the Wisconsin code as of October 21, 2026.
How we searched
We searched the full text of the Wisconsin Statutes for apple pie and cheese served with pie, read the food regulation, environmental health and trade practices chapters in full, and checked the Wisconsin State Law Library's account of a former 1935 cheese-and-butter law.
Parts of the code read
- Wisconsin Statutes Chapter 97 (food regulation, including retail food establishments and restaurants), full text
- Wisconsin Statutes Chapter 254 (environmental health), full text
- Wisconsin Statutes Chapter 100 (marketing and trade practices), full text
No town code was checked for this claim.
Primary source · Checked October 21, 2026.
The claim: Throwing stones at trains is a Class B misdemeanor.
What the law says: Wisconsin makes it a Class B misdemeanor to intentionally throw, shoot or propel a stone, brick or other missile at a railroad train, car, caboose or engine. Shooting a firearm at a train is a Class I felony.
“Whoever intentionally throws, shoots or propels any stone, brick or other missile at any railroad train, car, caboose or engine is guilty of a Class B misdemeanor.”
Penalty: Class B misdemeanor: "a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both" (Wis. Stat. 939.51(3)(b)).
No court opinion in our database cites this section.
Primary source · Checked October 21, 2026.
The claim: No one may be required to get a microchip implant.
What the law says: Wisconsin law says no person may require an individual to undergo the implanting of a microchip. A violator may be required to forfeit up to $10,000, and each day of continued violation is a separate offense.
“No person may require an individual to undergo the implanting of a microchip.”
Penalty: may be required to forfeit not more than $10,000; each day of continued violation constitutes a separate offense (146.25(2)).
No court opinion in our database cites this section.
Primary source · Checked October 21, 2026.
The claim: Lutefisk is exempt from toxic-substance rules.
What the law says: In Wisconsin's Employees' Right to Know Law, the definition of 'toxic substance' expressly excludes lutefisk. The exemption is only for that workplace-hazard-information law, not toxic-substance rules in general.
“"Toxic substance" does not include: ... f. Lutefisk.”
No court opinion in our database cites this section.
Primary source · Checked October 21, 2026.
The claim: Butter must have a 'highly pleasing' flavor.
What the law says: Wisconsin law requires retail butter to be graded, and the administrative-code grade definition for Wisconsin Grade AA butter says it must possess 'a fine and highly pleasing butter flavor'. That is a grading specification for the top grade, not a rule that all butter must taste 'highly pleasing'.
“Wisconsin Grade AA butter conforms to the following: (a) It shall possess a fine and highly pleasing butter flavor.”
Penalty: For violations of ch. 97 (such as selling ungraded butter at retail under Wis. Stat. 97.176), Wis. Stat. 97.72(1): "Any person who violates any of the provisions of this chapter for which a specific penalty is not prescribed shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than 6 months, for the first offense ..." In lieu of a criminal penalty, 97.72(2): "a person who violates this chapter may be required to forfeit not more than $1,000 for each violation." The flavor description itself carries no penalty.
No court opinion in our database cites this section.
Primary source · Checked October 21, 2026.
Checked October 21, 2026. This is legal history and information, not legal advice. Laws change; the linked official text is the authority.
Butter, margarine and cheese
Three of the six claims are about dairy, and they come out three different ways.
Margarine only on request
The margarine claim is accurate. Wis. Stat. 97.18(4) states: "The serving of colored oleomargarine or margarine at a public eating place as a substitute for table butter is prohibited unless it is ordered by the customer." A separate subsection bars substituting margarine for butter for students, patients or inmates of state institutions.
The penalties in 97.18(6) are criminal. A first offense brings a fine of $100 to $500, up to 3 months in jail, or both. A subsequent offense brings a fine of $500 to $1,000, or 6 months to one year in jail.
Highly pleasing butter
The butter-flavor claim takes a real phrase and widens it. Wis. Stat. 97.176 requires butter sold at retail to be graded, and the administrative code sets out what each grade means. For the top grade, ATCP 85.03(1)(a) says: "Wisconsin Grade AA butter conforms to the following: (a) It shall possess a fine and highly pleasing butter flavor."
That is a specification for one grade, not a flavor requirement for all butter. Selling ungraded butter at retail can be penalized under the chapter's general penalty in Wis. Stat. 97.72, but the flavor description itself carries no penalty.
Cheese with apple pie
No Wisconsin statute requiring restaurants to serve cheese with apple pie was found. We searched the full text of the Wisconsin Statutes for apple pie and cheese served with pie, and read Chapter 97 (food regulation), Chapter 254 (environmental health) and Chapter 100 (marketing and trade practices) in full. City codes were not checked.
The closest real law is a former one. According to the Wisconsin State Law Library, a 1935 law (1935 Laws of Wis., ch. 106) required restaurants to serve a small amount of cheese and butter with meals. It was in effect from June 1935 to March 1937.
Lutefisk is not a toxic substance
This one sounds like a joke and is printed in the statutes. In Wisconsin's Employees' Right to Know Law, the definition of toxic substance in Wis. Stat. 101.58(2)(j) carries a list of exclusions, and one entry is a single word: "f. Lutefisk."
The exemption is limited to that workplace-hazard-information law. It does not exempt lutefisk from toxic-substance rules in general.
Microchips
Wis. Stat. 146.25 is direct: "No person may require an individual to undergo the implanting of a microchip." Under 146.25(2), a violator may be required to forfeit up to $10,000, and each day of continued violation is a separate offense.
Stones at trains
The train claim is accurate down to the class of offense. Wis. Stat. 943.07(3) provides: "Whoever intentionally throws, shoots or propels any stone, brick or other missile at any railroad train, car, caboose or engine is guilty of a Class B misdemeanor." Under Wis. Stat. 939.51(3)(b), a Class B misdemeanor carries a fine of up to $1,000, up to 90 days in jail, or both. Shooting a firearm at a train is treated far more seriously, as a Class I felony.
Frequently Asked Questions
Is it illegal to serve margarine instead of butter in Wisconsin?
Wis. Stat. 97.18(4) prohibits serving colored oleomargarine or margarine at a public eating place as a substitute for table butter unless the customer orders it. A first offense carries a fine of $100 to $500, up to 3 months in jail, or both; a subsequent offense carries $500 to $1,000 or 6 months to one year in jail.
Do Wisconsin restaurants have to serve cheese with apple pie?
No Wisconsin statute requiring restaurants to serve cheese with apple pie was found as of October 21, 2026. According to the Wisconsin State Law Library, a 1935 law required restaurants to serve a small amount of cheese and butter with meals; it was in effect from June 1935 to March 1937.
Does Wisconsin butter have to taste highly pleasing?
Only the top grade. Wis. Admin. Code ATCP 85.03(1)(a) says Wisconsin Grade AA butter shall possess a fine and highly pleasing butter flavor. Wis. Stat. 97.176 requires retail butter to be graded, but the flavor description is a grade specification and carries no penalty of its own.
Is lutefisk really exempt from Wisconsin toxic substance law?
In one law, yes. The definition of toxic substance in Wisconsin's Employees' Right to Know Law, Wis. Stat. 101.58(2)(j)2.f., expressly excludes lutefisk. The exemption does not extend to toxic-substance rules in general.
Can an employer require a microchip implant in Wisconsin?
Wis. Stat. 146.25 says no person may require an individual to undergo the implanting of a microchip. A violator may be required to forfeit up to $10,000, and each day of continued violation is a separate offense.
Is it illegal to throw rocks at trains in Wisconsin?
Wis. Stat. 943.07(3) makes it a Class B misdemeanor to intentionally throw, shoot or propel a stone, brick or other missile at a railroad train, car, caboose or engine, punishable by a fine of up to $1,000, up to 90 days in jail, or both. Shooting a firearm at a train is a Class I felony.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- Wis. Stat. § 97.18, Wisconsin State Legislature(docs.legis.wisconsin.gov).gov
- Wis. Admin. Code ch. ATCP 85 (butter grading)(docs.legis.wisconsin.gov).gov
- Wis. Stat. ch. 101, including § 101.58(docs.legis.wisconsin.gov).gov
- Wis. Stat. § 146.25, Wisconsin State Legislature(docs.legis.wisconsin.gov).gov
- Wis. Stat. § 943.07(3), Wisconsin State Legislature(docs.legis.wisconsin.gov).gov
- Official code searched(docs.legis.wisconsin.gov).gov