[Adopted 5-21-1973 by L.L. No. 2-1973]
[Added 10-5-1995 by L.L. No. 13-1995[1]]
As used in this article, the following terms
shall have the definitions indicated in this section:
Each group of items offered for sale of the same brand name,
contents, quantity and retail price.
The Director of Weights and Measures of the County of Rockland,
or the Director’s designee(s).
[Amended 9-19-2007 by L.L. No. 13-2007]
The lowest price of a commodity as determined by item, shelf,
sale or advertised price of such commodity.
A store selling commodities at retail and which collects,
or is required by law to collect, sales and compensating use taxes.
[Amended 11-18-1974 by L.L. No. 16-1974; 3-18-1980 by L.L. No. 4-1980; 5-19-1981 by L.L. No. 3-1981; 9-19-2007 by L.L. No.
13-2007]
B.
Every person, firm, partnership, corporation or association
which sells, offers for sale or exposes for sale in a retail store
a stock-keeping unit that bears a universal product code shall disclose
to the consumer the price of each stock-keeping item by individually
marking each item with the item price.
C.
Certain items exempted. The following stock-keeping items need not be item-priced as provided in Subsection B of this section, provided that a shelf label and a price look-up function are maintained for such stock-keeping items:
(1)
Snack foods such as cakes, gum, candies, chips and
nuts offered for sale in single packages and weighing five ounces
or less;
(2)
Stock-keeping items which are under three cubic inches
of size, and weigh less than three ounces, and are priced under $1;
(3)
Items sold through a vending machine;
(4)
Fresh milk, cream, half-and-half and other similarly
packaged liquid dairy products and fruit juices;
(5)
Fresh eggs;
(6)
Fresh produce;
(7)
Food offered for sale in bulk;
(8)
Frozen foods;
(9)
Individual jars of strained and junior size baby food;
(10)
Individual boxes of dry gelatin and pudding;
(11)
Ice cream and frozen yogurt; and
(12)
Cigarettes, cigars, tobacco and tobacco products.
[Added 10-10-1974 by L.L. No. 12-1974; amended 5-19-1981 by L.L. No. 3-1981; 9-19-2007 by L.L. No. 13-2007]
All taxable items sold in retail food stores
shall, on a stamp, tag or label affixed to such commodity, identify
such commodity as being taxable.
[Added 5-19-1981 by L.L. No. 3-1981]
When commodities, whether edible or inedible,
are sold at retail and the seller utilizes a cash register equipped
to deliver a printed tape, the seller shall, upon completion of each
sale, deliver to the purchaser a register tape, clearly and legibly
printed, accurately showing the current or currently advertised selling
price of each commodity purchased, the appropriate sales tax, if any,
and the total sale.
[Added 3-18-1980 by L.L. No. 4-1980;
amended 5-19-1981 by L.L. No. 3-1981]
Any advertisement in any communicative medium,
including but not limited to newspapers, radio, pamphlets or handbills,
which offers any commodity, whether edible or inedible, for sale at
a reduced price shall clearly state the period for which said commodity
shall be offered at the reduced price, including but not limited to
the date of commencement and the date of the termination of the offer
for sale at the reduced price.
[Added 3-18-1980 by L.L. No. 4-1980;
amended 5-19-1981 by L.L. No. 3-1981; 9-19-2007 by L.L. No. 13-2007]
Any commodity, whether edible or inedible, offered for sale at a reduced price based upon a per-centum reduction shall have said per-centum reduction in price applied to the item price of said commodity as marked on said commodity pursuant to § 331-4.1 of this article. The commodity shall be offered for sale at the reduced price for the entire period of the sale.
[Added 10-5-1995 by L.L. No. 13-1995; amended 9-19-2007 by L.L. No. 13-2007]
B.
No retail store shall charge a retail price for any stock-keeping item, whether or not exempt from the item pricing requirements of this article pursuant to Article VII of Chapter 331 of the Rockland County Code, which exceeds the lower of any item, shelf, sale or advertised price of such stock-keeping item.
C.
In a store with a laser scanning or other computer-assisted
checkout system, the inspector shall be permitted to compare the item,
shelf, sale or advertised price of any stock-keeping item sold in
the store with the programmed computer price.
[Amended 3-18-1980 by L.L. No. 4-1980; 10-5-1995 by L.L. No.
13-1995]
A.
Any person who shall violate any provision of this
article shall be guilty of an offense against this article and shall
be subject to a fine of not less than $100 nor more than $1,000 for
the first offense, and not less than $200 nor more than $1,000 for
the second and every subsequent offense.
B.
Nothing herein shall prevent the Director from proceeding to enforce the requirements of this article by any one or any combination, successively or simultaneously, of the following: criminal proceedings to impose fines as provided in Subsection A of this section, imposition of a civil penalty as provided in Subsection C of this section, or civil action for injunctive, declaratory, monetary, or other relief.
[Amended 9-19-2007 by L.L. No. 13-2007]
C.
Notwithstanding any of the provisions of this article
to the contrary, the violation of any provision of any section of
this article shall render it a violation liable for the payment to
the County of a civil penalty, to be imposed by the Director recoverable
in a civil action, in the sum of not more than $500 for each such
violation.
This article shall be effective throughout the
County of Rockland, except that it shall not be effective within the
area of any Village or the area of any Town outside of any Village
during such time as such Village or Town is regulating the business
regulated by the provisions of this article.
