4-276-005 Definitions.
   The following definitions shall apply for purposes of this chapter:
   "Advertisement" means any offer to sell a commodity to the public at retail by any form of public notice, however disseminated or utilized.
   "Avoirdupois weight" means weight based on the 16-ounce pound as well as decimal or common fractions thereof.
   "Bulk foods" means food for sale in aggregate containers from which specific quantities desired by the consumer are withdrawn by the consumer (otherwise known as "self-service"). The term does not include fresh whole fruits or fresh whole vegetables.
   "Commissioner" means the commissioner of business affairs and consumer protection or the commissioner's designee.
   "Consumer commodity" means a consumer item that is consumed and replaced by consumers on a regular basis. The term "consumer commodity" includes, but is not limited to, the following items, however packaged or contained:
      (1)   Food, beverages (including liquor), other items intended for consumption by humans or animals and all substances or ingredients to be added to food;
      (2)   Paper, metal, and plastic products, including but not limited to napkins, facial tissues, toilet tissues, foil wrap, plastic wrap, paper toweling, wrapping paper, cordage, disposable diapers, and disposable plates;
      (3)   Detergents, solvents, waxes, soaps and other cleansing agents, sponges and similar cleaning accessories, and lubricants;
      (4)   Non-prescription drugs, personal care items, including female hygiene products, bandages, and toiletries; and
      (5)   Household products, including light bulbs, disposable cameras, batteries, camera supplies, candles, tape, and adhesives.
   The term "consumer commodity" shall not include:
      (1)   Unpackaged fresh produce;
      (2)   Individual items under three cubic inches in size;
      (3)   Individual items weighing less than three ounces; and
      (4)   Individual items priced under fifty cents.
   "Department" means the department of business affairs and consumer protection.
   "Distillate fuels" includes fuel in liquid form which can be used for heating purposes and which has an American Petroleum Institute gravity nominally greater than 22: provided, however, the term shall not include oil that has a Saybolt universal viscosity of more than 55 seconds at 100 degrees Fahrenheit.
   "Establishment" means each separate store or business location, whether or not affiliated with any other store or business location, where merchandise is offered for sale to the public, including, but not limited to, wholesalers, bulk sellers, and private membership sellers of merchandise directly to consumers.
   "Lead-based coatings" means any paint, lacquer, or other applied liquid surface coatings, and putty, which contain a quantity of lead more than six-hundredths of one percent by weight of its nonvolatile content.
   "Merchandise" means and includes any objects, wares, goods, commodities, intangibles, real estate or services.
   "Outdated merchandise" means merchandise that is offered for sale beyond the date specified by the manufacturer of the merchandise. Such date may or may not be preceded by, but is not limited to, such terms as "last sale date", "use by", "best if used by", or "expires on".
   "Price" means the amount stated in U.S. dollars and cents asked or charged for an item offered for retail sale.
   "Reference price" means an advertised price to which a selling price is compared in advertising which employs comparative pricing. The term "reference price" includes, but is not limited to, the use of such terms as "if perfect", "list price", "regular price", "full price". "retail price", "former price", or words of similar import.
   "Sale" means any sale, offer for sale, or attempt to sell any merchandise for cash or on credit.
   "Sale items" means goods offered by the seller for less than the regular price.
   "Selling price" means the price at which a consumer commodity is sold at retail on any given date.
   "Toxic heavy metal based coatings" means any paint, lacquer, or other applied liquid surface coating and putty which contains antimony, arsenic, cadmium, mercury or selenium of which the total metal content, individually or in total, exceeds five hundredths of one percent of the total weight of the contained solids or dried paint film.
   "Unit price" means the price of individual consumer commodities, calculated by dividing the total retail selling price by the total count, measure or weight of the individual item.
   "Weight" means net weight.
(Added Coun. J. 3-9-11, p. 113698, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 53)