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CIRCULAR 942
UNIT PRICING OF CERTAIN
CONSUMER COMMODITIES
SOLD AT RETAIL
Article 17 of the Agriculture and Markets Law
With Rules and Regulations Relating
To Unit Pricing in Retail Stores
Revised as of July 1997
Article 17
UNIT PRICING
Sections
214-h-1. Consumer information.
214-h-2. Definitions.
214-h-3. Exemptions.
214-h-4. Means of disclosure.
214-h-5. Promulgate regulations.
214-h-6. Limitations.
214-h-7. Violations and penalties.
214-h-8. Preemption.
214-h. Unit Pricing
214-h. Unit Pricing
- Consumer information required. Each person who sells, offers
or exposes for sale in a retail store a consumer commodity shall
disclose to the consumer the unit price and the total price of
the commodity as provided in this section.
- Definitions.
- "Consumer commodities" shall mean the following,
however packaged or contained:
- food, including all material, solid, liquid or mixed, whether
simple or compound, used or intended for consumption by human
beings or domestic animals normally kept as household pets
and all substances or ingredients to be added thereto for
any purpose; and
- napkins, facial tissues, toilet tissues, foil wrapping,
plastic wrapping, paper toweling, disposable plates; and
- detergents, soaps and other cleansing agents; and
- non-prescription drugs, female hygiene products and toiletries.
- "Retail store" shall mean a store which sells consumer
commodities at retail, which store is not primarily engaged
in the sale of food for consumption on the premises, or which
is not primarily engaged in a specialty trade which the commissioner
determines, by regulation, would be inappropriate for unit pricing.
An establishment which sells consumer commodities only to its
members shall be deemed to be included within this definition
unless the members must pay a direct fee to qualify for membership
and the establishment is not required to collect sales tax on
transactions with members, pursuant to article twenty-eight
of the tax law.
- "Unit price" of a consumer commodity shall mean
the price per measure.
- "Price per measure" shall mean:
- price per pound for commodities whose net quantity is expressed
in units of weight, except for such commodities whose net
weight is less than one ounce which shall be expressed as
price per ounce and commodities in powdered form which purport
to be or are represented for special dietary use solely as
a food for infants by reason of its simulation of human milk
or suitability as a complete or partial substitute for human
milk which shall be expressed as price per reconstituted fluid
ounce; provided that the same unit of measure is used for
the same commodity in all sizes;
- price per pint or quart for commodities whose net quantity
is stated in fluid ounces, pints, quarts or gallons or a combination
thereof, except for such commodities in concentrated liquid
or ready to feed form which purport to be or are represented
for special dietary use solely as a food for infants by reason
of its simulation of human milk or suitability as a complete
or partial substitute for human milk which shall be expressed
as price per reconstituted fluid ounce for commodities in
concentrated liquid form and price per fluid ounce for commodities
in ready to feed form; provided that the same unit of measure
is used for the same commodity in all sizes sold in the retail
establishment;
- price per one hundred for commodities whose net quantity
is expressed by count, except as otherwise provided by regulation;
- price per foot for commodities whose net quantity is stated
in units of length, except for such commodities whose net
quantity exceeds one hundred feet, which shall be expressed
as price per one hundred feet, and the "ply" count,
if any, provided that the same unit of measure is used for
same commodity in all sizes;
- price per square foot or square yard, as appropriate, for
commodities whose net quantity is expressed in units of area
and the "ply" count, if any, provided that the same
unit of measure is used for the same commodity in all sizes;
or
- such other price per measure, including metric equivalents
of the customary measures, as the commissioner shall by regulation
permit. The commissioner shall establish such metric equivalents
whenever he determines that any commodity subject to the provisions
of this section is being sold, offered or exposed for sale
by metric measure.
- Exeptions.
- The provisions of this section shall not apply to the following
consumer commodities:
- food sold for consumption on the premises;
- prepackaged food containing separate and identifiable kinds
of food segregated by physical division within the package;
and any other foods for which the commissioner determines,
by rules and regulation, that unit pricing would not be meaningful;
- any food which is primarily or exclusively a gourmet or
specialty food, provided that the commissioner determines
by regulation that unit pricing would be impractical for such
food, and provided further that such food is segregated and
displayed as a gourmet or specialty food;
- any commodity whose net quantity as offered for sale is
one pound, one ounce, one pint or quart, one hundred count,
one foot, one hundred feet, one square foot, one square yard
or equivalent metric units established by the commissioner,
provided that it has the retail price marked plainly thereon;
- milk, and other similar low fat products such as two percent
milk, one percent milk and skim milk, cream, melloream and
vegetable oil blend whose net quantity as offered for sale
is one half pint, one pint, one quart, one half gallon, one
gallon, one half liter, one liter; frozen desserts such as
ice cream, light ice cream, low-fat ice cream, fat-free ice
cream, sherbet, sorbet, frozen yogurt, and any other product
similar in appearance, odor and taste to such products whose
net quantity as offered for sale is one half pint, one pint,
one quart, one half gallon, one gallon, and multiples of quarts
and gallons; and butter, vegetable spread, oleo margarine
and margarine whose net quantity is one fourth pound, one
half pound, one pound or multiples of one pound, one hundred
twenty-five grams, two hundred fifty grams, five hundred grams
or multiples of five hundred grams, flour whose net quantity
as offered for sale is in five or ten pound bags;
- fresh food produce.
- The provisions of this section shall not apply to any retail
store having had annual gross sales of consumer commodities
in the previous calendar year of less than two and one-half
million dollars.
- Means of disclosure. A consumer commodity sold, or offered
for sale or exposed for sale, subject to this section, shall have
the unit price and total price disclosed to the consumer in one
of the following ways:
- if the item is conspicuously visible to the consumer, by
the attachment of a stamp, tag or label directly under the item
on the shelf on which the item is displayed, or, in the case
of refrigerated items not displayed on shelves, in a manner
to be prescribed by regulation; or
- if the item is not conspicuously visible to the consumer,
by a sign or list conspicuously placed near the point of procurement,
or by affixing the unit price and total price on the commodity
itself.
- The commissioner may promulgate regulations to effectuate this
section.
- Nothing in this section shall be construed to conflict with
or limit section one hundred ninety of this chapter.
- Violations and penalties.
- A violation of this section shall be subject to the applicable
penalties of this chapter except for the penalties specified
in section forty-one thereof.
For purposes of this section, each group of identical consumer
commodities for which on any single day the total selling price
or price per measure is not displayed in accordance with this
section or the regulations promulgated thereunder shall be considered
a violation of this section. Improper unit pricing caused by
nonintentional technical errors, however, shall not constitute
a violation.
- Each group of units not unit priced or improperly unit priced
shall constitute a violation. Each individual unit, however,
not unit priced or improperly unit priced shall not constitute
a violation unless displayed alone.
- Each day a violation is continued shall constitute a separate
violation.
- The provisions of this section and the regulations promulgated
hereunder may be enforced concurrently by the director of a
municipal consumer affairs office or a municipal director of
weights and measures.
- Preemption. Except as provided in paragraph b of subdivision
three of this section, any local law, ordinance, rule or regulation
relating to labeling, displaying or other disclosure of the price
per measure of any commodity must be consistent with the provisions
of this section and the rules and regulations adopted hereunder.
RULES AND REGULATIONS
FOR UNIT PRICING IN FOOD STORES
Part 345 of Title 1 of the
Official Compilation of Codes, Rules and Regulations
UNIT PRICING
Section
345.1 Purpose
345.2 Means of disclosure of unit pricing information
345.3 Calculation and display of unit price
345.4 Price per measure
345.5 Exemptions
345.6 Nonintentional technical errors
345.7 Multiple pricing
Section 345.1 Purpose .
- The purpose of this Part is to effectuate the provisions of
Agriculture and Markets Law, section 214-h, which relates to providing
consumers with information needed to effectively compare retail
product prices by instituting unit pricing of certain consumer
commodities.
Section 345.2 Means of disclosure of unit pricing information
.
All consumer commodities required to be unit-priced shall have
the unit price and total selling price disclosed to the consumer
in the following manner:
- If the item is displayed upon a shelf and conspicuously visible
to the consumer, by attaching a stamp, tag or label on the shelf
edge directly beneath the item offered for sale. If such attachment
is impossible, a stamp, tag or label may be placed directly adjacent
to or on the consumer commodity to which it relates.
- If the item is conspicuously visible to the consumer but is
not displayed upon a shelf, such as items offered for sale in
aisle displays, baskets, portable racks, or bins, by:
- affixing the unit price and total selling price on the commodity
itself; or
- by placing a sign or list at or near the point at which the
item is offered or exposed for sale and in such a manner that
the unit pricing information contained thereon is plainly visible
from such point.
- If the item is refrigerated and conspicuously visible to the
consumer, but not displayed upon a shelf, by:
- affixing the unit price and total selling price on the commodity
itself;
- by placing a sign or list at or near the point at which the
item is offered for sale and in such manner that the unit pricing
information contained thereon is plainly visible from such point;
or
- by attaching a stamp, tag or label to the refrigerated case
or to a refrigerated case divider, as appropriate, directly
behind and above the item offered for sale.
- If the item is refrigerated, conspicuously visible to the consumer,
and displayed upon shelves, the provisions of subdivision (a)
of this section shall govern.
- If the item is not conspicuously visible to the consumer, by
placing a sign or list at the point of procurement and in such
a manner that the unit pricing information contained thereon is
plainly visible from such point, or by affixing the unit price
and total selling price upon the commodity itself.
Section 345.3 Calculation and display of unit price.
- The unit price shall be expressed in terms of dollars or cents,
as applicable. If the unit price is one dollar or over, it is
to be rounded off and stated to the nearest full cent, provided
that where the unit price is rounded off from .005 cent, it shall
be stated to the next highest cent. If the unit price is less
than one dollar, it is to be rounded off and stated to the nearest
cent and expressed by " ˘ ", "cents" or "cnts".
- All information required to appear on a stamp, tag, label,
sign or list for purposes of disclosing the unit price of a consumer
commodity shall be clear and conspicuous.
- If the unit pricing information is displayed on a stamp, tag
or label as required by subdivision (a) of section 345.2 of this
Part, or as permitted by paragraph (3) of subdivisiion (c) of
such section, the stamp, tag or label shall contain the following
information in the manner indicated:
- the total selling price in type no smaller than 3/8 of an
inch in height;
- the unit price in type no smaller than 3/16 of an inch in
height;
- the words "Unit Price" above or below the numerical
price per measure;
- the unit of measure;
- the words “You Pay,” “Retail Price,” “Total Price,” “Item
Price,” or other words of similar meaning as may be approved
by the commissioner, above, below or adjacent to the total selling
price of the consumer commodity displayed for sale;
- the identity of the consumer commodity to which the information
on each stamp, tag or label relates, including the common name
and brand name of the product and the quantity of the item;
- the information required by paragraphs (3), (4), (5) and
(6) of this subdivision in type no smaller than 1/16 of an inch;
- the unit price, the unit of measure, the words "Unit
Price," the total selling price and the words required
by paragraph (5) of this subdivision printed in a color that
contrasts conspicuously with the background color of the stamp,
tag or label;
- the background of the stamp, tag or label upon which the
unit price and the unit of measure are placed, in a color which
contrasts conspicuously with the background color upon which
the total selling price of the item is placed;
- If the unit price and total selling price information is disclosed
by means of a sign or list permitted by paragraphs (b)(2), (c)(2)
and (e) of section 345.2 of this Part, all the information required
to be contained on a stamp, tag or label pursuant to subdivision
(c) of this section shall be included on such sign or list. Such
sign or list shall be located near the point at which the item
is displayed for sale, and may reflect the unit pricing information
relating to the consumer commodities included thereon in one of
the following manners:
- By affixing to the sign or list stamps, tags, or labels designed
in the same manner as prescribed by subdivision (c) of this
section, provided the information thereon is plainly visible
and easily readable from the point at which the item is displayed
for sale, and provided that the stamps, tags, or labels are
arranged upon the sign or list in such a manner as to clearly
indicate to which consumer commodity each one relates.
- By means of a vertical list in alphabetical order according
to the brand name of the product with the common name, quantity,
unit price, unit of measure and price of the item indicated,
in that order, to the right of the brand name of the product.
If this method of disclosure is used, all required information
shall be printed in type large enough to be easily readable
from the point at which the item is displayed for sale. The
information shall be printed in a color which contrasts conspicuously
with its background, and the background upon which is reflected
the numerical unit price shall be in a color which contrasts
conspicuously with the background upon which is reflected the
numerical selling price.
- If the unit pricing information is disclosed by affixing the
unit price and total selling price upon the commodity itself as
permitted under section 345.2 of this Part, all the information
required to be contained on the stamp, tag, or label pursuant
to subdivision (c) of this section shall be indicated upon the
commodity and in the same manner, except that the identity of
the consumer commodity need not be included and the color the
background upon which is printed the numerical unit price and
unit of measure shall not be required to contrast with the background
color upon which is reflected the total numerical selling price
of the item.
- Logistical information such as order codes may appear on the
stamp, tag, or label at the option of the retailer, provided that
any such logistical information be no more prominent than and
in type no larger than the type used to reflect the information
required by subdivision (c) of this section. Such logistical information
shall not in any way obsure, deemphasize or confuse the required
unit pricing information.
- The format indicated in the following example is acceptable
for use in designing a stamp, tag, or label for use in disclosing
unit pricing information.
UNIT PRICE RETAIL PRICE
29 ˘
77.3 ˘ DEES ORANGE
DRINK
PER QUART 24589763 12
FL. OZ.
- A sample, in duplicate, of the format of the stamp, tag, or
label proposed to be used to disclose unit pricing information
shall be submitted to the commissioner for approval prior to its
use in any store or stores.
Section 345.4 Price per measure.
In addition to the price per measure provided pursuant to section
214-h(2)(d) of the Agriculture and Markets Law, the following shall
also be permitted:
- Price per dozen for commodities whose net quantity is commonly
expressed by half dozen, dozen or a combination thereof, provided
that the same unit of measure is used for the same commodity in
all sizes.
- Price per 100 square feet, and the ply count, if any, for commodities
whose net quantity is expressed in units of areas where the net
quantity exceeds 100 square feet, provided that the same unit
of measure is used for the same commodity in all sizes.
- Price per gallon in alternative to price per pint or quart
for commodities whose net quantity is stated in fluid ounces,
pints, quarts, or gallons, provided that the same unit of measure
is used for the same commodity in all sizes.
Section 345.5 Exemptions.
- In addition to those consumer commodities exempted from unit
pricing requirements pursuant to section 214-h(3) of the Agriculture
and Markets Law, the following consumer commodities shall not
be subject to unit pricing requirements:
- Spices, flavor extracts and imitation flavorings, and bouillon
cubes, where the total content of the package or container weighs
three ounces or less.
- Snack foods such as cakes, candies, chips and nuts offered
for sale in single packages weighing five ounces or less.
- Any food item displayed for sale in bulk and which is packaged
for and served directly to the consumer by a store employee,
provided that such food item is segregated and displayed as
a specialty food.
- Any food item for which there is no like or similar product
to which it might be compared within the store, provided that
such food item is segregated and displayed as a gourmet or specialty
food.
- Any commodity whose net quantity as offered for sale is one
dozen, or 100 square feet, provided that it has the retail selling
price marked plainly thereon.
- Any fluid milk, or cream, or melloream product for which
the capacity of the container used for the sale of such product
is prescribed by section 191 of the law, where the net quantity
as offered for sale is one-half pint, one pint, one quart, three
quarts, one-half gallon or one gallon, provided that the retail
price is marked plainly thereon or displayed on a sign or list
at or near the point at which the item is offered or exposed
for sale and in such a manner that the retail price contained
thereon is plainly visible from such point.
- Any frozen dessert for which the capacity of the containers
used for the sale of such product is prescribed by section 193-d
of the law, where the net quantity as offered for sale is one-half
pint, one pint, one-half quart, one quart, one-half gallon or
one gallon, provided that the retail price is marked plainly
thereon or displayed on a sign or list at or near the point
at which the item is offered or exposed for sale and in such
a manner that the retail price contained thereon is plainly
visible from such point.
- Any milk product or product in semblance thereof which is
required by law or regulation to be sold by net weight and in
prescribed units of weight where the net quantity as offered
for sale is one-half pound, one pound or two pounds, provided
that it has the retail price marked plainly thereon or displayed
on a sign or list at or near the point at which the item is
offered or exposed for sale and in such a manner that the retail
price contained thereon is plainly visible from such point.
Section 345.6 Non-intentional technical errors.
For the purpose of the enforcement of this Part, non-intentional
technical errors shall mean inaccuracies in the unit pricing
information reflected upon a stamp, tag, label, sign or list where
such defects have resulted from a malfunction of a printing press,
electronic data processing equipment or other mechanical equipment
used to produce such stamps, tags, labels, signs, or lists, or from
the mistake of a computer programmer or machine operator, where
such malfunction or mistake was not within the knowledge or control
of the owner or operator or management personnel of the store and
where such owner or operator or management personnel could not with
reasonable diligence have detected and corrected such errors.
Section 345.7 Multiple pricing.
Where identical consumer commodities are offered or exposed for
sale at two or more prices within a store, the unit pricing information
relating to such multiple priced items shall be calculated and displayed
based upon either (a) each price at which the item is offered or
exposed for sale or (b) the highest price at which the item is offered
or exposed for sale. Where a consumer commodity is unit priced at
its highest price only, a statement clearly indicating consumer
commodities are available at more than one price and that the unit
pricing information is based upon the highest selling price shall
be included upon the sign required by subdivision (i) of section
345.3 of this Part.
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