4-276-550 Reference price – Based on sale of comparable article.

   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)

4-276-560 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-560, which pertained to lowered prices due to unusual circumstances.

4-276-570 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-570, which pertained to wholesale or factory prices.

4-276-580 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-580, which pertained to the location of an advertised sale of a commodity being readily ascertainable.

4-276-590 Consumer commodity unit price standards.

   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)

4-276-600 Unit price standards – Exceptions.

   Section 4-276-590 of this chapter shall not apply to sales at retail by means of vending machines, or by retail establishments whose annual sales of consumer commodities are less than ten percent of such establishments' total annual sales.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-610 Rules and regulations.

   The commissioner of business affairs and consumer protection is hereby empowered to adopt and to enforce rules and regulations relating to any matter pertaining to the administration and enforcement of the provisions of this chapter. The commissioner, or any agent or employee designated in writing by him, is hereby authorized to examine the books, papers and records of any person subject to this chapter during regular business hours, in order to insure that such person is in compliance with this chapter and with rules and regulations promulgated pursuant to this chapter. The commissioner is also authorized hereby, for good cause shown by affidavit, to grant extensions not in excess of 60 days in compliance with this chapter. The commissioner is also authorized to issue regulations exempting commodities subject to unit pricing and to add commodities subject to unit pricing on a showing of, respectively, hardship or good cause.

(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)