Code of Vermont Rules
Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS
Sub-Agency 031 - PLANT INDUSTRY DIVISION
Chapter 018 - UNIT PRICING REGULATIONS
Section 20 031 018 - UNIT PRICING REGULATIONS

Universal Citation: VT Code of Rules 20 031 018

Current through August, 2024

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.

Disclaimer: These regulations may not be the most recent version. Vermont may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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