Section 1
DEFINITIONS
(a) "Point of Sale"
means the point at which consumer commodities are offered and
displayed for retail sale in such a manner that the consumer
mayexamine and select commodities for purchase without the assistance
of sales personnel.
(b)
"Food" means
(1) articles used for
food or drink for man or animals,
(2) chewing gum, and
(3) articles used for components of
any such article.
(c) "Drugs" means
(1) articles recognized in the
official United States pharmacopoeia, official homeopathic
pharmacopoeia of the United States or official national formulatory,
or any supplement to any of them;
(2) articles intended for use in
the diagnosis, cure, mitigation, treatment or prevention of disease
in man or animals;
(3)
articles, other than food, intended to affect the structure or any
function of the body of man or any animal; and
(4) articles intended for use as a
component of any articles specified in this subessection (c) but
shall not include devices or their components, parts or
accesories.
(d) "Device" means instruments,
apparatus and contrivances, including their components, parts and
accessories, intended (1) for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in man or animals, or (2) to
affect the structure or any function of the body of man or
animals.
(e) "Cosmetic"
means
(1) articles intended to be
rubbed, poured, sprinkled or sprayed on, introduced into, or
otherwise applied to the human body or any part thereof for
cleansing, beautifying, promoting attractiveness or altering the
appearance, and
(2)
articles intended for use as a component of any such articles; except
that such term shall not include soap.
Section 2 PERSONS TO
WHOM REGULATIONS APPLY
If required by law, any person who sells, offers or
exposes for sale at retail any of the consumer commodities or
products designated in Section
6
of these regulations shall disclose to the consumer the price per
unit of weight, measure or count and the total price thereof, as
required by Section
4 of these
regualtions.
Section
3 EXEMPT PRODUCTS
(a)
Drugs sold only by prescription.
(b) Beverages subject to or
complying with packaging or labeling requirements imposed under the
Federal Alcoholic Administration Act.
(c) Such packaged commodities which
are required to be marked individually with the cost per unit of
weight under the provisions of Vermont Weights and Weasures Laws,
Title 9, Vermont Statutes Annotated, Section
2673.
(Random weight packages.)
(d) Products where all brands of a
commodity are sold in one size only, and which have a retail price
plainly marked thereon.
(e) Different brands or products
co-mingled in one receptacle for the purpose of a one-price
sale.
(f) Package
contains one ounce or less in weight or fluid ounces.
(g) Bread, bakery products and meat
products which are in one pound packages showing the retail
price.
(h) Cups, plates,
wrapping paper, candy, etc., which is intended for holiday use and is
not carried or sold during non holiday periods.
Section 4 MEANS OF DISCLOSURE
All retail establishments subject to these
regulations shall expose price per measure to consumers in the
following manner:
(a) An
orange label (with information other than that required in section
(b) to be in other color or colors, immediately below the item or
above the item on the shelf so as to be conspicuously visible to the
consumer, except on health and beauty aids, meat products and bakery
products the unit price may be printed on the package or applied with
a label such as a gun type label. Where shelf labeling is not
feasible, the unit price shall be printed or attached on the
individual packages except on off shelf displays, (such as end
displays) a sign may be used. If the unit price is on the product
itself, it may be in any color or colors as long as it is clear and
conspicuous. Pre-printed packages showing unit price shall conform to
section
4(b),
but are permitted in a color other than orange providing the color
contrasts cons-picuously with the background.
(b) The tag or label shall contain
the following four elements:
(1) The
words "Unit Price" shall appear as a heading with the unit price
always appearing to the left of the then selling price, except that
on gun-type labels it shall appear to the left or top, and except
that on prepackaged cold cuts it may be omitted and the unit price
may be on the bottom.
(2)
The price per measure expressed in terms of dollars or cents, as
applicable, carried to three digits. If the price is over $ 1.00, it
is to be expressed to the nearest full cent, provided that said price
is rounded off from .005 and over to the next higher cent; and if
under $ 1.00, it shall be carried to three digits. Examples: ".253
per pound or 25.3 cents per pound"; "$ 1.67 per quart."
(3) The applicable unit of weight
or measure or count.
(4)
The description of the commodity being sold by item and
size.
(c) The
following additional information may appear on the tag or label at
the option of the individual retailer:
(1) In items such as paper
products, the applicable "ply" count or thickness shall be
included.
(2) Such
logistical information which the retail establishment requires, such
as order codes, number of rows, or shelf capacity.
(d) The price per
measure on a shelf label, when a shelf label is required, shall be
displayed in type no smaller than that used for the retail price of
the item but in no event shall the price per measure appear in a less
less than 1/4 inch. No asterisks shall be used to form the
numbers.
Section
5 PRICE PER MEASURE
The price per measure required to be disclosed under
these regulations shall be:
(a) Price per pound for commodities
whose net quantity is customarily expressed in units of pounds or
ounces or both.
(b) Price
per quart for commodities whose net quantity is customarily expressed
in units of pints, quarts, gallons, or fluid ounces, or a combination
thereof.
(c) Price per 50
feet or per 50 square feet, as appropriate, for commodities and items
whose net quantity is customarily expressed in units of feet, inches,
square feet or square yards, or whose net quantities are expressed in
units of area or length.
(d) Price per 100 units of
commodities, whose net quantity is expressed by a numerical
count.
Section
6 PRODUCTS REGULATED
The following list of commodities indicates the
corresponding unit of measure which is required to be used in the
designation of such unit price ofsuch commodities by all retail
establishments subject to the unit price regualtions:
|
PRODUCT
|
UNIT MEASURE
|
|
Aluminum, plastic, freezer
|
The unit of measure
|
|
paper, wax paper
|
shall be the same as
|
|
Baby foods:
|
displayed on the package.
|
|
-solids
|
|
-juices
|
If sold by weight, the
|
|
Bags - sandwich, trash, lunch
|
unit price shall be by the
|
|
freezer
|
pound.
|
|
Bird and animal foods
over
|
|
4 oz.
|
|
Bottled beverages (non-
|
If by fluid measure,
|
|
carbonated)
|
the unit shall be by
|
|
Bread and bread products
|
the quart.
|
|
Candy, individual bars
over
|
|
2 oz. and decorative
toppings
|
|
Carbonated soft drinks (on contents
only)
|
|
Cereals
|
If by square feet, the
|
|
Cheese, cheese spreads
|
unit price shall be by
|
|
Chinese dinners & related
|
50 square feet.
|
|
items
|
|
Cocoa, chocolate syrups
|
|
Coffee, instant, ground and
|
If sold by count, the unit
|
|
whole beans
|
price shall be 100 count.
|
|
Cooking oils
|
|
Crackers and cookies
|
|
Fish, shell fish
|
Where a dual declaration
|
|
(fresh, if not random-wt.
pkg.,
|
is shown involving count,
|
|
processed, including
spreads;
|
the unit price shall be by
|
|
dried, canned, frozen,
bagged)
|
count.
|
|
Flavored syrups, maple
syrup
|
|
Flours and dry mixes
|
|
Fowl - all kinds of
poultry
|
|
(fresh, if not random-wt.
pkg.;
|
|
processed, including
spreads;
|
|
dried, canned, frozen,
bagged)
|
|
Fruits (canned, jarred,
boxed,
|
|
frozen, bagged)
|
|
(other than fresh)
|
|
Grains
|
|
Health and beauty aids:
|
|
- liquids
|
|
- creams
|
|
- pastes
|
|
- ointments
|
|
- aerosols
|
|
- lozenges
|
|
- tablets
|
|
- capsules
|
|
- powders
|
|
Household cleaners, waxes,
polishes,
|
|
deodorizers
|
|
- liquid
|
|
- dry
|
|
- aerosols
|
|
- solids
|
|
Instant breakfast foods
|
|
Instant potato flakes and
granules
|
|
Jellies, jams, sugar-based spreads
and
|
|
honey
|
|
Juices (canned, frozen, bottled,
cartons)
|
|
Ketchup, mustard and
sauces
|
|
Mayonnaise and salad
dressings
|
|
Meats
|
|
(fresh, if not random-wt. pkg.;
processed,
|
|
including spreads; dried, canned,
frozen,
|
|
bagged)
|
|
Mixes to be used with meat, fish and
poultry
|
|
over 4 oz.
|
|
Non-dairy creamers (dry)
|
|
Nuts, dried peas or
beans
|
|
Paper products, including napkins,
towels,
|
|
tissues, plates and
cups
|
|
Pastry products (fresh, frozen) over 5
oz.
|
|
Pickles and relishes
|
|
Prepared baking mixes including
cake,
|
|
pancake, bread, frosting and
icing
|
|
Prepared Mixed Foods
|
|
Peanut butter
|
|
Saccharin or other sweeteners
|
|
Sandwich spreads
|
|
Sanitary napkins,
tampons
|
|
Snack foods, including potato
chips,
|
|
pretzels, crackers, dips,
etc.
|
|
Soaps, detergents, bleaches and
other
|
|
laundry products
|
|
- solid
|
|
- liquid
|
|
- dry
|
|
- aerosol
|
|
Solid shortenings
|
|
Soups, canned
|
|
Spaghetti, macaroni, noodles and
pasta
|
|
products
|
|
Sugar - plain, colored or
seasoned
|
|
Tea
|
|
- bags
|
|
- bulk
|
|
- instant, including
pre-sweetened
|
|
Tomato, spaghetti and meat
sauces
|
|
Vegetables (canned, jarred,
boxed,
|
|
frozen, bagged)
|
The following have been deleted:
Gourmet, Jewish and Mexican foods shall be exempt
from unit pricing when in a section by themselves.
Section 7 RESPONSIBILITY FOR
COMPLIANCE
In the event of a violation of these regulations, the
owner, the manager, or the person in charge of such retail
establishment, and the person employing such manager or person in
charge, where applicable, shall be deemed to be responsible for
compliance by such retail establishment with the requirements of
these regulations.
Soft drinks will be unit priced on contents
only.
