The following consumer goods shall not be regulated pursuant to § 127.026(A):
(A) Articles specifically ordered from the seller, including prescription drugs.
(B) Fresh fruits and vegetables which are offered for sale while not enclosed in a container, package or wrapping of any kind.
(C) Articles which are offered for sale according to trade custom and usage and priced per unit of weight, quantity or measure.
(D) Any consumer commodity under three cubic inches in size and weighing less than three ounces and priced for less than $.50.
(E) Identical items within a multi-item package.
(F) Items sold through a vending machine.
(G) Packages of cigarettes or individually packaged cigars.
(H) Greeting cards sold individually and bearing a readable price on the back of each card.
(I) Any magazine or book on which appears a numerical price imprinted on the cover at the time of publication.
(J) All sellers who:
(1) Have the price of item displayed for sale conspicuously placed immediately adjacent to the item stating the price in numerals at least three-quarters inch in height, the product name, unit size, weight or volume in easy-to-read type;
(2) Provide individual customer receipts identifying each product sold by brand name, unit size, weight or volume and price; and
(3) Adopt and maintain a written policy that the price charged to customers for each unpriced consumer commodity scanned at checkout will not be greater than that stated on the applicable price label, and including within the policy a mechanism for handling any overcharge, such policy to be conspicuously displayed at each checkout counter and at each entranceway.
('72 Code, § 21-83) (Ord. O-81-5, passed 1-21-81; Am. Ord. O-88-70, passed 10-5-88; Am. Ord. O-89-43, passed 7-19-89)