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It shall be unlawful for any person to advertise a reference price unless the reference price is disclosed in a clear and conspicuous manner or can be readily ascertained by disclosure of the dollar, fraction or percentage reduction in prices.
(Added Coun. J. 12-9-92, p. 25465)
It shall be unlawful for any person to advertise a reference price based on sales of the identical article unless the reference price is the actual price at which the article was offered to the public by the advertiser or by principal competing persons in the advertiser's trade area for a reasonably substantial period of time in the recent regular course of business, honestly and in good faith as determined by regulations adopted by the commissioner.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113698, § 1)
It shall be unlawful for any person to advertise a reference price based on sales of a comparable article unless:
a. The two articles are, in fact, substantially identical in all significant respects and such comparability can be established by reference to generally accepted standards of identity or performance or otherwise; and
b. The reference price of such comparable article is the actual price at which the article was offered to the public by the advertiser or by principal competing persons in the advertiser's trade area for a reasonably substantial period of time in the recent regular course of business, honestly and in good faith as determined by regulations adopted by the commissioner.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-19-08, p. 47220, Art. V, §5; Amend Coun. J. 3-9-11, p. 113698, § 1)
It shall be unlawful for any person to offer for sale any consumer commodities, except items advertised as "sale" items, unless the unit price information is provided in a clear and conspicuous manner on a sign or shelf tag which lists the identity and brand name of the consumer commodity, the quantity declaration of the packaged consumer commodity, the total retail sales price and the price per unit as set in forth in rules and regulations promulgated by the commissioner. All unit pricing shall be in United States dollars and cents. Where the unit price is less than one dollar per unit, the unit price shall be shown in at least to the tenth of a cent (for example, a unit price may be shown as 28.7 cents per ounce or 0.287 dollars per ounce)
(1) In any retail establishment in which unit price information is provided in accordance with the provisions of this chapter, that information shall be displayed by means of a sticker, stamp, sign, label or tag affixed to the shelf upon which the consumer commodity is displayed, or by means of a sticker, stamp, sign, label or tag affixed to the consumer commodity itself, stating the unit price of one or more brands and/or sizes of a given consumer commodity.
(2) Where a sign providing unit price information for one or more sizes or brands of a given consumer commodity is used, that sign shall be provided clearly and in a nondeceptive manner in a central location as close as practical to all items to which the sign refers.
(3) If a single sign or tag provides the unit price information for more than one brand or size of a consumer commodity, then the following information shall be provided:
(a) The identity and the brand name of the consumer commodity;
(b) The quantity declaration of the packaged commodity if more than one package size per brand is displayed;
(c) The total retail sales price;
(d) The unit price in accordance with rules and regulations promulgated by the commissioner.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)
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