§ 20-682 Sales of prepackaged meats.

   a.   It shall be unlawful for any owner, manager, or supervisor of a retail store or any independently operated department within, to sell or offer or expose for sale, at retail any prepackaged unprocessed or untreated fresh or frozen meat unless at least one of the sides with the greatest surface area of the package is colorless and transparent, exclusive of labeling; which labeling shall not occupy more than ten percent of that side of the package, or six and one quarter (6.25) square inches, whichever is greater. This section shall be applicable solely in those cases where the packaging is performed on the premises of the sale. This section shall not apply to the sale of ground meat.

   b.   A sign shall be posted at the point of display of any prepackaged unprocessed or untreated fresh or frozen meat, the packaging of which is colorless and transparent on only one side in accordance with the provisions of subdivision a of this section, stating that the retailer shall accept the return of such prepackaged meat found to be unsatisfactory upon the request of a consumer who provides proof of purchase and further stating that the retailer shall either refund the full purchase price or provide a satisfactory replacement for such purchase. The size and wording of such sign shall be determined by rule of the commissioner.

§ 20-683 Punishment.

Any person who shall violate any of the provisions of this subchapter shall be liable to forfeit and pay a civil penalty in the sum of three hundred dollars for the first violation, four hundred dollars for the second violation and five hundred dollars for the third and any subsequent violation; except that a person shall be subject to a civil penalty of zero dollars for a first violation of subdivision b of section 20-682 of this subchapter or any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision b of section 20-682 of this subchapter or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.

(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/080.

Subchapter 8: Perishable Foods

§ 20-684 Legislative intent.

The council finds that consumers cannot be certain that food offered for sale is fresh or that it will remain fresh for a reasonable period of time after it is purchased. The council particularly recognizes consumer concern with the freshness of foods including, but not limited to, meat, poultry, fish, dairy products, eggs, fruit, vegetables and baked goods. The council further finds that the food industry's practice of controlling food freshness through coded dates has proven inadequate for protection of the public. The council has concluded that a mandatory system of clear and legible dating accompanied by a statement of recommended conditions of storage is the best way to assure consumers of the freshness of the foods that they buy in stores.