• U.S. Retail Pricing Laws and Regulations 2009

U.S.
Retail Pricing Laws
and
Regulations
2009
ALABAMA
No pricing laws or regulations.
None pending.
 ALASKA
Chapter 45.75. WEIGHTS AND MEASURES ACT
Article 01. STANDARD WEIGHTS AND MEASURES
Sec. 45.75.210. Declarations of unit price on random packages.
In addition to the declarations required by AS 45.75.200 , a commodity in package form, which is one of a lot
containing random weights, measures, or counts of the same commodity and bearing the total selling price of the
package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of
weight, measure, or count.
Sec. 45.75.230. Misrepresentation of price.
When a commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the
price may not be misrepresented, and the price may not be represented in a manner calculated or tending to mislead
or deceive an actual or prospective purchaser. When an advertised, posted, or labeled price per unit of weight,
measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the
numeral expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at
least one-half the height and width of the numerals representing the whole cents.
 ARIZONA
41-2081. Sale of commodities
A. A person shall not sell or offer or expose for sale less than the quantity the person represents.
B. As a buyer, a person shall not take any more than the quantity the person represents when the person furnishes the
weight or measure by means of which the quantity is determined.
C. A person shall not misrepresent the price of any commodity or service sold or offered, exposed or advertised for
sale by weight, measure or count or represent the price in any manner calculated or tending to mislead or in any way
deceive a person.
F. Except as otherwise provided in this chapter or by rules adopted pursuant to this chapter, any package kept for the
purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain and
conspicuous declaration of:
1. The identity of the commodity in the package, unless the commodity can easily be identified through the wrapper
or container.
2. The quantity of contents in terms of weight, measure or count.
3. The name and place of business of the manufacturer, packer or distributor, in the case of any package kept,
offered or exposed for sale or sold in any place other than on the premises where packed.
4. The price, except as provided in subsections K and L.
G. In addition to the declarations required by subsection F, any package being one of a lot containing random
weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the
package a plain and conspicuous declaration of the price per single unit of weight.
H. If a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and
conspicuously associated with the retail price a declaration of quantity as is required by law or rule to appear on the
package. If a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit
of weight or measure need appear in the advertisement.
I. The packager of a short weighted item offered for sale is liable under this chapter.
J. If a retail seller engaging in the sale of motor fuel posts the selling price of the fuel on the premises, the seller
shall post the selling price only by the price per gallon, except that if the fuel is dispensed by a measure other than
whole gallons the seller shall represent the selling price for each unit of such other measure on the individual pump
or other dispensing device. If a retail seller engaging in the sale of motor fuel advertises the price of the fuel off the
premises, the retail seller shall advertise the price only by the price per gallon.
K. Instead of each package bearing the price as required under subsection F, paragraph 4, the seller may post the
price of the package in bold type that measures no less than three-eighths of an inch on the shelf or display at the
point of display of the product. If the price on the shelf or display is less than eighteen inches from floor level, the
price shall be angled upward from vertical at least fifteen degrees.
L. If the package is offered for sale at a price reduced by a percentage or a fixed amount from a previously offered
price, the reduction shall be displayed at the point of display of the package in the manner required by this section.
M. On the request of a consumer, a retail seller shall provide:
1. A means of recording prices such as grease pencils, felt markers, scanners or other similar instruments for
recording the price.
2. A written statement of the retail seller's policies regarding errors in pricing.
41-2065. Powers and duties; definition
C. The director may establish standards for the presentation of cost-per-unit information. Nothing in this subsection
shall be construed to mandate the use of cost-per-unit information in connection with the sale of any standard
packed commodity.
TITLE 20. COMMERCE, BANKING, AND INSURANCE
CHAPTER 2. DEPARTMENT OF WEIGHTS AND MEASURES
R20-2-104
I. Price verification.
1. The initial inspection of a retail location for price verification is for educational purposes and an enforcement
action will not be imposed for a violation identified during the initial inspection.
2. The Department shall issue a stop-sale, stop-use tag to a person who fails a price verification reinspection if
the violation cannot be corrected within 30 minutes of the Department completing the reinspection.
a. The Department shall impose a $100 civil penalty per violation on a person who fails a reinspection if
the Department finds more than one item at more than its posted price.
b. The Department shall impose a $200 civil penalty per violation on a person who fails a second
reinspection. The Department shall increase the per violation civil penalty imposed by $100 for each
subsequent reinspection until the violation is corrected.
3. If the Department receives and substantiates a complaint about a person against whom the Department took
an administrative enforcement action under subsection (I)(2) within the 60 days before the date of the
complaint, the Department shall issue a stop-sale, stop-use tag and impose a civil penalty that is $100 more
than the civil penalty that the Department previously imposed against this person.
4. The Department shall issue a warning to a person who does not have a written price-error policy. The
Department shall impose a $500 civil penalty if the person does not have a written price-error policy upon
reinspection.
5. The Department shall issue a warning to a person who does not have a price display visible to the public at a
check-out location. The Department shall issue an out-of-service tag if the person does not have a price
display visible to the public at a check-out location upon reinspection.
J. Price posting.
1. The initial inspection of a retail location for price posting is for educational purposes and an enforcement
action will not be imposed for a violation identified during the initial inspection.
2. The Department shall issue a stop-sale, stop-use tag to a person who fails a price posting reinspection if the
violation cannot be corrected within 30 minutes of the Department completing the reinspection.
3. The Department shall impose a $50 civil penalty for each inspected lot not priced if a person fails a
reinspection with a score of less than 96 percent.
4. The Department shall impose a $100 civil penalty for each inspected lot not priced if a person fails a second
reinspection.
5. If the Department receives and substantiates a complaint about a person against whom the Department took
an administrative enforcement action under subsection (J)(2) within the 60 days before the date of the
complaint, the Department shall issue a stop-sale, stop-use tag and impose a civil penalty that is $100 more
than the civil penalty that the Department previously imposed against this person.
R20-2-302. Handbook 130 and Handbook 133
C. A retail seller shall price a commodity at the date and time that it is ordered by a customer.
D. A retail seller who offers, exposes, or advertises a commodity for sale or rent shall post a definite, plain, and
conspicuous price on the commodity or adjacent to where the commodity is displayed. If the price of the commodity
is by weight, measure, or count, the retailer shall place the price per weight, measure, or count on the commodity or
adjacent to where the commodity is displayed. If a retailer offers a commodity for sale or rent at a price reduced by a
percentage or a fixed amount from a previously offered price, the retailer shall place the reduction or reduced price
on the commodity or adjacent to where the commodity is displayed.
 ARKANSAS
No pricing laws or regulations.
None pending.
 CALIFORNIA
California Business and Professions Code Sections
For sales:
12024.2. (a) It is unlawful for any person, at the time of sale of a commodity, to do any of the following:
(1) Charge an amount greater than the price, or to compute an amount greater than a true extension of a price per
unit, that is then advertised, posted, marked, displayed, or quoted for that commodity.
(2) Charge an amount greater than the lowest price posted on the commodity itself or on a shelf tag that
corresponds to the commodity, notwithstanding any limitation of the time period for which the posted price is in
effect.
(b) A violation of this section is a misdemeanor punishable by a fine of not less than twenty-five dollars ($25) nor
more than one thousand dollars ($1,000), by imprisonment in the county jail for a period not exceeding one year, or
by both, if the violation is willful or grossly negligent, or when the overcharge is more than one dollar ($1).
(c) A violation of this section is an infraction punishable by a fine of not more than one hundred dollars ($100)
when the overcharge is one dollar ($1) or less.
(d) As used in subdivisions (b) and (c), "overcharge" means the amount by which the charge for a commodity
exceeds a price that is advertised, posted, marked, displayed, or quoted to that consumer for that commodity at the
time of sale.
(e) Except as provided in subdivision (f), for purposes of this section, when more than one price for the same
commodity is advertised, posted, marked, displayed, or quoted, the person offering the commodity for sale shall
charge the lowest of those prices.
(f) Pricing may be subject to a condition of sale, such as membership in a retailer-sponsored club, the purchase of
a minimum quantity, or the purchase of multiples of the same item, provided that the condition is conspicuously
posted in the same location as the price.
For recycling or other sales:
12512. When the sale of any commodity is based upon a quantity representation either furnished by the purchaser
or obtained through the use of equipment supplied by him, the purchaser shall in no case buy the commodity
according to any quantity which is less than the true quantity. Violation of this section is a misdemeanor.
California Civil Code Sections
Part 8 - Automatic Checkout System
7100. (a) Every retail grocery store or grocery department within a general retail merchandise store which uses a
point-of-sale system shall cause to have a clearly readable price indicated on 85 percent of the total number of
packaged consumer commodities offered for sale which are not exempt pursuant to subdivision (b). The
management of any such retail grocery store or grocery department shall determine the number of consumer
commodities normally offered for sale on a daily basis, shall determine the consumer commodities to be exempted
pursuant to this subdivision, and shall maintain a list of those consumer commodities exempt pursuant to this
subdivision. The list shall be made available to a designated representative of the appropriate local union, the
members of which are responsible for item pricing, in those stores or departments that have collective bargaining
agreements, seven days prior to an item or items being exempted pursuant to this subdivision. In addition, the list
shall be available and posted in a prominent place in the store seven days prior to an item or items being exempted
pursuant to this subdivision.
(b) The provisions of this section shall not apply to any of the following:
(1) Any consumer commodity which was not generally item-priced on January 1, 1977, as determined by the
Department of Food and Agriculture pursuant to subdivision (c) of Section 12604.5 of the Business and Professions
Code, as in effect July 8, 1977.
(2) Any unpackaged fresh food produce, or to consumer commodities which are under three cubic inches in size,
weigh less than three ounces, and are priced under forty cents ($0.40).
(3) Any consumer commodity offered as a sale item or as a special.
(4) Any business which has as its only regular employees the owner thereof, or the parent, spouse, or child of such
owner, or, in addition thereto, not more than two other regular employees.
 (5) Identical items within a multi-item package.
(6) Items sold through a vending machine.
(c) For the purposes of this section:
(1) "Point-of-sale system" means any computer or electronic system used by a retail establishment such as, but
not limited to, Universal Product Code scanners, price lookup codes, or an electronic price lookup system as a
means for determining the price of the item being purchased by a consumer.
(2) "Consumer commodity" includes:
(A) Food, including all material whether solid, liquid, or mixed, and whether simple or compound, which is used
or intended for consumption by human beings or domestic animals normally kept as household pets, and all
substances or ingredients added to any such material for any purpose. This definition shall not apply to individual
packages of cigarettes or individual cigars.
(B) Napkins, facial tissues, toilet tissues, foil wrapping, plastic wrapping, paper toweling, and disposable plates
and cups.
(C) Detergents, soaps, and other cleaning agents.
(D) Pharmaceuticals, including nonprescription drugs, bandages, female hygiene products, and toiletries.
(3) "Grocery department" means an area within a general retail merchandise store which is engaged primarily in
the retail sale of packaged food, rather than food prepared for immediate consumption on or off the premises.
(4) "Grocery store" means a store engaged primarily in the retail sale of packaged food, rather than food prepared
for consumption on the premises.
(5) "Sale item or special" means any consumer commodity offered in good faith for a period of 14 days or less, on
sale at a price below the normal price that item is usually sold for in that store. The Department of Food and
Agriculture shall determine the normal length of a sale held for consumer commodities generally item priced on
January 1, 1977, in stores regulated pursuant to this chapter, and that period shall be used for the purposes of this
subdivision. The department's determination as to the normal length of a sale shall be binding for the purposes of
this section, but each such determination shall not exceed seven days.
7101. (a) The intentional violation of Section 7100 is punishable by a civil penalty of not less than twenty-five
dollars ($25) nor more than five hundred dollars ($500).
(b) Failure to have a clearly readable price indicated on 12 units of the same item required to be item-priced of the
same commodity shall constitute a presumption of intent to violate Section 7100.
(c) Every additional 12 units of the same item required to be item-priced that fail to have a price indicated on them
shall constitute a presumption of intent to violate Section 7100.
(d) Each day that a violation continues shall also constitute a separate violation after notification thereof to the
manager or assistant manager of the retail grocery store or the grocery department of the general retail merchandise
store and shall constitute a presumption of intent to violate Section 7100.
(e) Notwithstanding any other provision of law, any person may bring an action to enjoin a violation of Section
7100.
7102. Any person, firm, corporation, or association who violates Sections 7100 and 7101 shall be liable to any
person injured for any losses and expenses thereby incurred, and for the sum of fifty dollars ($50) in addition
thereto. The remedy set forth herein is applicable only to actions brought in the name of, and on behalf of, a single
plaintiff and shall not be applicable in multiple plaintiff or class actions.
7103. Improper pricing on the shelf or on the item due to unintentional error shall not constitute a violation of this
division.
7104. The remedies set forth in Sections 7101 and 7102 are the exclusive remedies available to any person, state or
local agency or law enforcement official.
7105. This part shall be known and may be cited as the Rosenthal-Roberti Item Pricing Act.
7106. It is the intention of the Legislature that this part shall occupy the field with regard to item pricing and shall
preempt all local ordinances, rules, or regulations concerning item pricing.
California Business and Professions Code Sections
The "automated checkout systems" law is attached and only applies to the counties that have adopted an ordinance
to charge fees at locations subject to inspection. Some of those counties include all retail establishments but others
only include large retail outlets with automated systems.
13350. (a) The board of supervisors of any county or city and county that has adopted or that adopts an ordinance
for the purposes of determining the pricing accuracy of a retail establishment using a point-of-sale (POS) system,
shall base the initial standard inspection of the POS system on the following criteria:
(1) The initial standard inspection shall be performed by collecting a random sample of items that shall include a
maximum of 50 percent sale items from either:
(i) One department of a retail store.
(ii) Multiple areas of a retail store.
(iii) The entire store.
(2) The initial standard inspection shall be performed by testing a minimum random sample of 10 items for a retail
establishment with three or fewer POS checkout registers.
(3) The initial standard inspection shall be performed by testing a minimum random sample of 25 items for a retail
establishment with 4 to 9 POS checkout registers.
(4) The initial standard inspection shall be performed by testing a minimum random sample of 50 items for retail
establishments with 10 or more POS checkout registers.
(5) The sealer shall verify that the lowest advertised, posted, marked, displayed, or quoted price is the same as the
price displayed or computed by the point-of-sale equipment or printed receipt. Only items computed at a higher
price than the lowest advertised, posted, marked, displayed, or quoted price shall be considered not in compliance.
(6) The minimum random sample size shall not apply to inspections of any establishment at which fewer items
than the number specified as the minimum sample size are marked or displayed with a posted or advertised item
price.
(7) The maximum percentage of sale item restriction in paragraph (1) shall not apply to inspections of any
establishment at which a marketing or promotional practice does not enable the sampling of the minimum required
percentage of nonsale items, such as "Everything In Store 50 percent Off" or the like.
(8) The compliance rate percentage of a retail establishment shall be determined by dividing the number of items
in compliance by the sample size multiplied by 100.
(b) Enforcement action may be taken for any item not in compliance.
(c) The sealer may reinspect any retail facility that has a compliance rate of less than 98 percent.
(d) The board of supervisors, by ordinance, may charge a point-of-sale system inspection fee or an annual
registration fee, not to exceed the county's total cost of inspecting or testing the accuracy of prices accessed or
generated by the system pursuant to this section.
(e) The board of supervisors, by ordinance, may charge a reinspection fee for reinspections of a retail
establishment that fails the prior inspection, not to exceed the county's total cost of reinspecting or testing the
accuracy of prices accessed or generated by the system pursuant to this section.
13351. For purposes of this chapter, "random sample" of items means that the selection process shall be modeled
after the National Institute of Standards and Technology Handbook 130, 2005 Edition (HB 130) - Examination
Procedures for Price Verification, randomized sample collection; stratified sample collection.
13352. For purposes of this chapter, "point-of-sale" system means any computer or electronic system used by a
retail establishment such as, but not limited to, Universal Product Code scanners, price lookup codes, or an
electronic price lookup system as a means for determining the price of the item being purchased by a consumer.
13353. For the purposes of this chapter, "sale items" include any item that is represented or advertised to be lower
in price from that which the item is normally offered for sale. A "sale item" includes but is not limited to, an item
that is represented as "promotional," "limited time offer," a "manager special," "discount taken at register," or
displayed with any other advertisements that offers or suggests a reduced price.
13354. For purposes of this chapter, "area" means an "entire store," a "department," "grouping of shelves or
displays," or other "section" of a store as defined by the sealer from which samples are selected for verification.
"Nonpublic" areas of a store, such as the area in a pharmacy in which controlled drugs are kept or product storage
rooms, shall not be included.
13355. For the purposes of this chapter, "initial standard inspection" means an inspection made at the customary
time interval used by an enforcement agency.
13356. All other inspections of the point-of-sale system are considered "special inspections," including, but not
limited to, inspections pertaining to investigations, consumer complaints, complaints from competing businesses or
a reinspection of a retail establishment at which one or more price accuracy violations have occurred within the
previous six months.
13357. This article shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later
enacted statute that is enacted before January 1, 2014, deletes or extends that date.
COLORADO
“Law is currently under sunset review. We are proposing significant changes”.
LAW
35-14-111 - Misrepresentation of price.
No person shall misrepresent the price of any commodity or service sold or offered, exposed, or advertised for sale
by weight, measure, or count nor represent the price in any manner calculated or tending to mislead or in any way
deceive a person.
35-14-117 - Unit pricing - application - inch pound or metric.
(1) Except for random-weight packages unit priced in accordance with rules and regulations and uniform weight
packages of cheese and cheese products unit priced in the same manner and by the same type of equipment as
random-weight packages, any retail establishment providing unit price information in addition to the total price for
any commodity shall also provide the unit price information for all such commodities as required by rules and
regulations.
(2) Either metric or inch pound unit prices may be used for commodities marked in either system; except that,
when unit price is changed to metric for any given type of commodity, unit pricing for all sources or suppliers of
that commodity should change to metric.
 CONNECTICUT
UNIVERSAL PRODUCT CODING/MARKING OF RETAIL PRICE
Current with material published in Conn.L.J. through 6/10/08
Any unit of food which is offered or displayed for sale prior to or during the course of any period during which the
price of such unit of food is reduced in accordance with a publicly-advertised price reduction having a publicly-
advertised ending date may, if it remains to be offered or displayed for sale after such ending date, be increased in
price to a level not to exceed the posted price of such unit of food immediately preceding the starting date of the
publicly-advertised price reduction.
Sec. 21a – 79. Universal product coding. Electronic shelf labeling. Electronic pricing. Marking of retail
price. Commodities on sale at reduced prices. Regulations. Penalties.
(a) For the purposes of this section
(1) “consumer commodity” and “unit of a consumer commodity” shall have the same meaning as in
section 21a-73, except that consumer commodity shall not include alcoholic liquor as defined in
subdivision (3) of section 30-1 or a carbonated soft drink container;
(2) “carbonated soft drink container” means an individual, separate, sealed glass, metal or plastic
bottle, can jar or carton containing a carbonated liquid soft drink sold separately or in packages of
not more than twenty-four individual containers;
(3) “universal product coding” shall mean any system of coding which entails electronic pricing;
(4) “an electronic shelf labeling system” is an electronic system which utilizes an electronic device
attached to the shelf or at any other point of sale, immediately below or above the item, which
conspicuously and clearly displays to the consumer the unit price and the price of the consumer
commodity. Such electronic shelf labeling system reads the exact same data as the electronic cash
register scanning system; and
(5) “an electronic pricing system” is a system which utilizes the universal product coding bar code by
means of a scanner in combination with the cash register to record and total a customer’s
purchases.
(b) (1)Any person, firm, partnership, association or corporation which utilizes universal product coding in
totaling a retail customer’s purchases shall mark or cause to be marked each consumer commodity
which bears a Universal Product Code with its retail price.
(2) The provisions of subdivision (1) of this subsection shall not apply if:
A. The commissioner of consumer protection by regulation, allows for the utilization of
electronic shelf labeling systems;
B. a retailer is granted approval to utilize an electronic shelf labeling system by the
commissioner, and
C. the retailer has demonstrated to the satisfaction of the commissioner that such electronic shelf
labeling system is supported by an electronic pricing system which utilizes universal product
coding in totaling a retail customer’s purchases.
(3) Consumer commodities which are advertised in a publicly-circulated printed form as being offered
for sale at a reduced price for a minimum seven-day period need not be individually marked at
such reduced retail price, provided such consumer commodities are individually marked with their
regular retail price and a conspicuous sign is adjacent to such consumer commodities, which sign
discloses:
A. The reduced retail price and its unit price; and
B. a statement that the item will be electronically priced at the reduced price by the cashier.
(4) If a consumer commodity is offered for sale at a reduced price, in accordance with subdivision (3)
of this subsection and its electronic price is higher than the reduced price on the sign which is
adjacent to the consumer commodity, then one item of such consumer commodity shall be given
to the consumer upon demand at no cost. A conspicuous sign shall adequately disclose to the
consumer that in the event the electronic price is higher than the reduced retail price, one item of
such consumer commodity shall be given to the customer upon demand at no cost.
(c) (1) The commissioner of consumer protection may adopt regulations in accordance with the provisions
of chapter 54 concerning the marking of prices and use of universal product coding on each unit of a
consumer commodity.
(2) The commissioner of consumer protection may adopt regulations in accordance with the
provisions of chapter 54 designating not more than ten consumer commodities which need not be
 marked in accordance with subdivision (1) of subsection (b) of this section and specifying the
method of providing adequate disclosure to consumers to insure that the electronic pricing of the
designated consumer commodities is accurate. The commissioner may establish by regulation
methods to protect consumers against electronic pricing errors of such designated consumer
commodities and to insure that the electronic prices of such designated consumer commodities are
accurate. Among the methods which the commissioner may consider are conditions similar to
those set forth in subdivision (4) of subsection (b) of this section.
(d) The commissioner of consumer protection, after providing notice and conducting a hearing in
accordance with the provisions of chapter 54, may issue a warning citation or impose a civil penalty of
not more than one hundred dollars for the first offense and not more than five hundred dollars for each
subsequent offense on any person, firm, partnership, association or corporation which violates any
provision of subsection (b) of this section or any regulation adopted pursuant to subsection (c) of this
section. Any person, inn, partnership, association, or corporation which violates any provision of
subsection (b) of this section or any regulation adopted pursuant to subsection (c) of this section shall
be fined not more than two hundred dollars for the first offense nor more than one thousand dollars for
each subsequent offense. Each violation with respect to all units of a particular consumer commodity
on any single day shall be deemed a single offense.
Section 21a-73(b)”Consumer Commodity” means any food, drug, device, cosmetic or other article, product or
commodity of any kind or class, except drugs sold only by prescription, which is customarily produced by retail
sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal
care or in the performance of services ordinarily rendered in or around the household, and which usually is
consumed or expended in the course of such consumption or use.
Sec. 21a-79-1. Definitions
For purposes of Sections 21a-79-1 to 21a-79-7, inclusive, of these regulations, the following terms shall have the
meanings indicated:
(a) "Retail Price" is the price marked on the consumer commodity at which said consumer commodity is to be sold
to the customer;
(b) "Retailer" means any person, firm, partnership, association or corporation which utilizes universal product
coding in totaling a retail customer's purchase; and
(c) "Exempted Consumer Commodity" means a consumer commodity which has been exempted from the
requirement that each item of such consumer commodity be marked with its retail price.
(Amended October 25, 1993.)
Sec. 21a-79-2. Unmarked consumer commodities
Any consumer commodity not properly marked with the retail price or for which the retailer has not been granted an
item price exemption in accordance with section 21a-79 (b) (4) of the Connecticut General Statutes, shall be
removed from sale until properly marked.
(Added effective May 23, 1988; Amended effective October 1, 2007.)
Sec. 21a-79-3. Improperly marked or scanned consumer commodities
(a) If the retail price posted or marked on the consumer commodity is higher than that displayed by the scanner, the
lower price will prevail.
(b) If the retail price posted or marked on the consumer commodity is lower than that displayed by the scanner, then
one item of such consumer commodity, up to a value of twenty dollars, shall be given to the consumer at no cost.
(Added effective May 23, 1988; Amended effective October 1, 2007.)
Sec. 21a-79-4. Test scanning
(a) Any person, firm, association or corporation which utilizes universal product coding in totaling a retail
customer's purchases shall make available to the customer a scanner, capable of
reading a universal product code bar, so as to allow the consumer an opportunity to personally identify the price of
any item offered for sale. The specific scanner must be clearly identified as available for consumer use and may be
one of several such devices utilized by consumers to actually purchase items from the retailer. The use of the
consumer designated scanner may be limited during times of maximum register use, and the scanner designated for
consumer use shall be the last scanner placed into service to register sales of items when a retailer determines that all
scanning check-out registers must be in use.
(b) If an item price exemption has been granted to a retailer in accordance with section 21a-79 (b) (4) of the
Connecticut General Statutes, the retailer shall also make available a consumer price test scanner, approved by the
commissioner and located prominently in an easily accessible location for each twelve thousand square feet of retail
floor space, or fraction thereof.
(Added effective May 23, 1988; Amended effective October 1, 2007.)
UNIVERSAL PRODUCT CODING/EXEMPTIONS FROM MARKING OF RETAIL PRICE
Sec. 21a-79-5. Exempted consumer commodities
The following consumer commodities need not be marked with their retail prices:
(1) canned cat food;
(2) milk;
(3) powdered gelatin and pudding dessert mixes;
(4) canned tuna fish;
(5) fresh shell eggs;
(6) ice cream in one-half gallon, quart, and pint sizes;
(7) frozen concentrated juices and fruit drinks;
(8) toilet tissue packaged in single rolls;
(9) baby food packed in glass jars;
(10) individually packed candy and chewing gum offered for sale at cash register/checkout locations;
(11) salad dressings, in either bottles or packets; and
(12) refrigerated yogurt in half pint sizes (8 ounces) or less, sold individually or in packs.
(Added effective October 25, 1993; Amended effective November 3, 2003.)
Sec. 21a-79-6. Signs required to inform consumers of exemption and retail price
(a) Exempted consumer commodities shall have a three-inch by five-inch sign conspicuously placed adjacent to the
display of such consumer commodity, with a frequency of one sign for every six linear feet of display, or fractional
part thereof. Such sign shall: (1) contain a statement that the consumer commodity has been exempted from the
requirement that each such consumer commodity be individually marked with its retail price, and that, in the event
that an exempted consumer commodity registers at the cash register or checkout terminal at a retail price which is
higher than the retail price as stated, one item of such exempted consumer commodity up to a value of twenty
dollars, shall be given to the consumer at no cost; and (2) not contain any additional text, including but not limited to
store or promotional slogans, names, or advertising.
(b) Each exempted consumer commodity shall have its current retail price disclosed on a tag or label directly
adjacent to the consumer commodity, on the shelf on which the commodity is displayed. For purposes of this
subsection, the tag or label provided pursuant to Section 21a-74 (b) (1) of the Connecticut General Statutes shall be
deemed to satisfy the requirements of this subsection.
(Added effective October 25, 1993; Amended effective October 1, 2007.)
Sec. 21a-79-7. Electronic pricing error. One item at no cost. Signage
(a) In the event that any consumer commodity electronically scans at the cash register or checkout terminal at a retail
price which is higher than the posted retail price, one item of such consumer commodity, up to a value of twenty
dollars, shall be given to the consumer at no cost.
(b) The consumer shall be informed of the retailer's obligation to provide one item free up to a value of twenty
dollars, by means of the conspicuous sign referred to in section 21a-79-6 (a) of the Regulations of Connecticut State
Agencies or section 21a-79 of the Connecticut General Statutes, and a second conspicuous sign attached to each
cash register or checkout terminal in a retailer's establishment. The sign attached to the cash register or checkout
terminal shall be at least six inches by eight inches in size, easily readable by a consumer making a purchase at such
cash register or checkout terminal, and shall not contain any additional text including but not limited to store or
promotional slogans, names, or advertising, other than that required by section 21a-79 (b) 6 of the Connecticut
General Statutes. As an alternative to such cash register or checkout terminal signs, the retailer may display a
conspicuous sign, with minimum dimensions of 22 inches by 28 inches, at each public entrance within the store,
which sign shall not contain
any store or promotional slogans, names, or advertising and which shall read, in clear and conspicuous type, as
follows:
"In the event that a consumer commodity scans at a higher price, you will be given one item of that consumer
commodity free of charge up to a value of $20.00. Credit will be given for items of higher value."
(Added effective October 25, 1993; Amended effective October 1, 2007.)
TEN EXEMPT ITEMS
Regulation 21a – 79-6 and 21a – 79-7 requires signs to be posted.
A. This type sign is required at a frequency of one sign for every six linear feet of display. The sign
is required to be three by five inches. The sign may not contain additional text such as store
names, advertising, or slogans.
B. A six inch by nine inch sign is required at each cash register/checkout terminal. As an alternative
to the checkout signs a conspicuous sign may be posted at each public entrance. The minimum
dimensions are 22 inches by 28 inches. This sign may not contain additional text such as store
names, slog