For the purpose of this article, the terms used herein are defined as follows:
- CONSUMER COMMODITY
- Any article, product or commodity of any kind or class produced, distributed or offered for retail sale for consumption by individuals, or for use by individuals for purposes of personal care, or in the performance of services rendered within the household and which is consumed or expended in the course of such use. For the purposes of this article, drugs, medicines and cosmetics shall not be considered "consumer commodities."
- PRICE PER MEASURE
- The retail price of a consumer commodity expressed in terms of the retail price of such commodity per unit of weight, standard measure or standard number of units as specified by this article.
- RETAIL ENTITY
- 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 purpose of this article, 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
- A single geographical location in which consumer commodities are sold, displayed or offered for sale at retail.
- 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.
All consumer commodities sold, exposed for sale or offered for sale at retail shall be plainly marked by a stamp, tag, label or sign at the point of display with the total selling price.
All consumer commodities specified in § 31-65 hereof exposed for sale or offered for sale, shall be plainly marked by a stamp, tag, label or sign at the point of display with the appropriate price per measure.
Price per measure shall be expressed at least to the nearest whole cent; fractional cents of 1/2 cent or more to be rounded up; and fractional cents of less than 1/2 cent to be rounded down.
Price per measure shall be expressed as follows:
Price per pound for commodities bearing a size declaration by weight.
Price per 50 units for items bearing a quantity declaration.
Price per pint or quart for items bearing a size declaration in pints, quarts, gallons or fluid ounces; however, no single retail establishment shall use both the pint and the quart as a basis for calculating price measure.
All price information required by this article shall be clear and conspicuous and, if not affixed to the consumer commodity, shall identify sufficiently the consumer commodity to which the price information relates.
Every retail establishment requested to post price per measure by the terms of this article shall post at least five signs explaining the use of price per measure information to the consumer in conspicuous places in such retail establishment.
The following commodities shall be labeled in accordance with the provisions of §§ 31-63 and 31-64 above:
Packaged vegetables, except when sold fresh.
Packaged fruit, except when sold fresh.
Real and imitation vegetable and fruit juices.
Tomato sauce, paste, puree and related tomato products and meat, spaghetti and related sauces which do not require refrigerated storage.
Baby food which does not require refrigerated storage.
Cooking and salad oils, salad dressings, mayonnaise and shortening which do not require refrigerated storage.
Canned, bottled and dried fish, meat and poultry which do not require refrigerated storage.
Jams, jellies and preserves.
Carbonated and noncarbonated beverages.
Coffee and tea.
Baking mixes and supplies which do not require refrigerated storage.
Bread and bakery products which do not require refrigerated storage.
Macaroni, spaghetti, noodles and other dry pasta products.
Paper towels, napkins, facial tissues, plates, cups, toilet paper and other paper products.
Instant breakfast foods.
Condiments and spices, ketchup, mustard, steak sauce and other sauces.
Pickles, olives and relishes.
Soups which do not require refrigerated storage.
Rice, flour and other grains.
Cocoa, syrups and powdered drink mixes.
Snack foods, including but not limited to potato chips, pretzels, corn chips, nuts and candy.
Butter and oleomargarine.
Household cleansers, including but not limited to scouring powder, detergent, dishwashing and laundry soap, wax polishes and room deodorizers.
Wrapping products, including but not limited to paper, wax paper, plastic and aluminum wraps, plastic and paper bags.
Hand and bath soaps.
Any consumer commodity packaged without a declaration of volume, weight, quantity or other appropriate size declaration.
Any consumer commodity sold in one, two, five and 10 units of the applicable standard measure designated in § 31-64B above.
Any consumer commodity whose method of sale is governed by the New York Agriculture and Markets Law or regulations adopted pursuant thereto.
Any retail establishment in which the total volume sales of consumer commodities constitutes 20% or less of the total dollar value of sales from such retail establishment.
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 $2,000,000.
However, exempted retail establishments in Subsection B(4) and (5) of this section shall instead be required to post conspicuously within the immediate vicinity of the designated consumer commodities (wherever possible along each display aisle) shopper's price comparison guide conversion charts to be supplied by the Office of Licensing.
[Amended 7-18-1996 by L.L. No. 5-1996]