§ 5-103 Records Required.

   (a)   Each person who advertises or represents the existence of a discount, reduction or savings shall for three months maintain records demonstrating compliance with this part at his principal place of business within the City of New York or at a location where such records are normally maintained by such person.

   Example: An advertiser who advertises "20 percent off Brand X cameras" must maintain records demonstrating that the reduction is from the bona fide selling price. If the cameras were last sold at such lower price eleven months ago, the advertiser must retain the records indicating the earlier price. These records must be kept for a period of three months after the sale is over.

   (b)   Where the Commissioner of Consumer Affairs or her delegate requests a person to produce by mail information or records to demonstrate compliance with this part, and the information, or original, carbon, photographic or electrostatic copies of the records are available in the company's files, the person shall mail a copy of such information to the person requesting it within seven business days after receipt of the request unless such time period is extended by the Chief of the Law Enforcement Division. Where the information is available to the person but not in his possession, or where the record must be reconstructed (e.g., where they have been stored in the memory bank of a computer), the person shall mail a copy of such information to the person requesting it within a reasonable period of time, not to exceed sixty business days, after receipt of the request unless such time period is extended by the Chief of the Law Enforcement Division. In lieu of mailing requested information or records to the Commissioner, a person may grant access to the files for purpose of examination and to copy documentary evidence by advising the Commissioner in writing within 5 business days after receipt of the request that such access will be granted provided the information or records are kept in New York City.

   (c)   No action shall be maintained by the Commissioner under Administrative Code, § 20-703(c) merely for failure to maintain or produce records required by this section. However, all of the other penalties provided by § 20-703 shall apply.

§ 5-104 Regulations 6 RCNY §§ 5-06 and 5-12 Not Affected.

Nothing in this part repeals or modifies 6 RCNY §§ 5-06 and 5-12 or any portion thereof. In the event of any inconsistency, the advertiser should comply with the requirements of 6 RCNY §§ 5-06 or 5-12, as the case may be.

§ 5-105 Exemptions.

   (a)   Except as provided in 6 RCNY § 5-92, this part does not apply to advertisements printed or packaging material prepared by a manufacturer outside of the City of New York unless such advertisements were requested or ordered by the advertiser located within the City of New York.

   (b)   This part does not apply to advertising placed prior to its effective date, nor, until four months after its effective date, to non-periodical advertising displays in existence and used by the advertiser prior to the effective date.

§ 5-106 Citation Form.

This regulation may be cited as Consumer Protection Law Regulations, Part 7.

Subchapter B: Truth-in-Pricing Law

§ 5-111 Definitions.

As used in the following 6 RCNY §§ 5-111 - 5-114:

   Retail entity. "Retail entity" shall mean any person, partnership, corporation or other organization engaged in the sale, display or offering for sale of consumer commodities at retail from one or more retail establishments. For the purposes of these regulations, retail establishments owned or controlled by different persons, partnerships, corporations or other organizations, but associated together for the purpose of sharing a trade name or advertising expenses or for joint or cooperative purchase of merchandise or services, shall not constitute a single retail entity.

   Retail establishment. "Retail establishment" shall mean a single geographical location in which consumer commodities are sold, displayed or offered for sale at retail.

   Self service. "Self service" shall mean the offering or display of consumer commodities for retail sale in such a manner that the consumer may examine and select commodities for purchase without the assistance of sales personnel.

§ 5-112 Exemptions.

   (a)   § 20-709 of the Administrative Code, "Display of Price per Measure," shall apply only to consumer commodities sold, displayed or offered for sale by self service.

   (b)   § 20-709 of the Administrative Code, "Display of Price per Measure," shall not apply to any consumer commodity packaged without a declaration of volume, weight, quantity or other appropriate size declaration.

   (c)   § 20-709 of the Administrative Code, "Display of Price per Measure," shall not apply to any consumer commodity sold in one, two, five, or ten units of the applicable standard measure designated in 6 RCNY § 5-113(b).

   (d)   § 20-709 of the Administrative Code, "Display of Price per Measure," shall not apply to any consumer commodity whose method of sale is governed by §

   (e)   § 20-709 of the Administrative Code, "Display of Price per Measure," shall not apply to any retail establishment in which the total dollar volume sales of consumer commodities constitutes 20 percent or less of the total dollar volume of sales from such retail establishment.

   (f)   § 20-709 of the Administrative Code, "Display of Price per Measure," shall not apply to any retail entity whose gross receipts from retail sales of merchandise of any sort for the preceding tax year of such retail entity were less than two million dollars.