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02.01.01.00.htm 02.01.01.00. Title 02 OFFICE OF THE ATTORNEY GENERAL Subtitle 01 CONSUMER PROTECTION DIVISION Chapter 01 Unit Pricing Authority: Commercial Law Article, §14-105, Annotated Code of Maryland
02.01.01.01.htm 02.01.01.01. 01 General.. These regulations are promulgated pursuant to Commercial Law Article, § 14-105, Annotated Code of Maryland. They are intended to effectuate the provisions of the Unit Pricing Law, § 14-101 et seq. Annotated Code of Maryland, and are not intended to extend, modify, or conflict with the Unit Pricing Law or its reasonable implications.
02.01.01.02.htm 02.01.01.02. 02 Findings.. A. The Consumer Protection Division of the Office of the Attorney General and the Consumer Council find that some of those sales agencies required to unit price have not done so properly or in conformance with the Unit Pricing Law. The increasing costs of consumer commodities mandates the continued attention of the Division to enforce the Unit Pricing Law, as the disclosure of unit pricing information gives consumers a method of price comparisons
02.01.01.03.htm 02.01.01.03. 03 Definitions.. A. "Control" means the possession, direct or indirect, of the power to direct, or cause the direction of, the management and policies of a person, whether through ownership of voting securities, by contract, or otherwise.B. "Inventory facility" means a physical location, separate and apart from the physical location of the sales agency, where consumer commodities are stored and subject to inventory accounting, and which thereafter are distrib
02.01.01.04.htm 02.01.01.04. 04 Exemptions.. A. To determine whether it is exempt from compliance with the Unit Pricing Law, a sales agency shall refer to the exemptions found in Commercial Law Article, § 14-102(6)i)iv) Annotated Code of Maryland.B. A sales agency shall be given a reasonable time after the close of its fiscal year to calculate gross annual sales to determine whether it is exempt from the provisions of the Unit Pricing Law pursuant to § 14-102(6)i) For purposes of these regula
02.01.01.05.htm 02.01.01.05. 05 Direct Delivery.. For purposes of §EN>14-102(a)5) of the Unit Pricing Law, items shall be considered to have been directly delivered when the items have not passed through any warehouse or inventory facility which is owned or controlled directly or indirectly by the sales agency.
02.01.01.06.htm 02.01.01.06. 06 Consumer Commodities to be Unit Priced.. A. Section 14-103(a)2)ii) of the Unit Pricing Law defines the categories of consumer commodities required to be unit priced. Any of these commodities which are priced for multi-unit or variety package purchase shall be unit priced on the basis of the total contents.B. The unit price of any consumer commodity sold with a deposit for the container's return, shall be based on the price of the item's contents without regard to the amount of
02.01.01.07.htm 02.01.01.07. 07 Consumer Commodities not Required to be Unit Priced.. The seller is not required to unit price the following:. A. Those items specifically exempted by §14-102(a)1)5) of the Unit Pricing Law;. B. Items displayed in a non-packaged manner such as loose produce, fresh seafood, meats, and cheeses cut to order;C. Durable items, including any item which wears or deteriorates from usage, for example, kitchen utensils, pots and pans, and any other type of cooking or kitchen aids and ho
02.01.01.08.htm 02.01.01.08. 08 Repricing Policy and Discounts from Regular Price.. A. When the sales agency has established and clearly disclosed a no- repricing policy, whereby items on display are not repriced to reflect a higher price, the applicable unit price stamps, tags, labels, signs, or lists shall display the unit price of the higher price.B. When the manufacturer of a consumer commodity has offered a discount or cents off the price of items offered for sale by a sales agency, the unit p
02.01.01.09.htm 02.01.01.09. 09 Uniformity.. A. If different brands of the same consumer commodity are expressed in more than one measuring unit, the sales agency, if it is possible to do so, shall unit price the items consistently within the same product category. The more familiar measuring unit found in the product group is to be used if conversion and uniformity are possible.B. When metric units appear on the consumer commodity, in addition to the other units of measure, the sales agency may use bo
02.01.01.10.htm 02.01.01.10. 10 Unit Pricing Information to be Disclosed on Items Conspicuous to the Consumer.. A. Section 14-104(1) of the Unit Pricing Law provides for the method of disclosing the required unit pricing information.B. The unit pricing tags, stamps, or labels shall contain in easily readable and understandable print the price of the item, the unit price, the unit of measure, the name and size of the item, and the brand name if there is one.C. The tags, stamps, or labels need not be any spe
02.01.01.11.htm 02.01.01.11. 11 Unit Pricing Information to be Disclosed on Items Inconspicuous to the Consumer.. A. Section 14-104(2) of the Unit Pricing Law provides for the method of disclosing the required unit pricing information on items inconspicuous to the consumer.B. The signs or lists shall contain in easily readable and understandable print the price of the item, the unit price, the unit of measure, the name and size of the item, and the brand name if there is one.
02.01.01.12.htm 02.01.01.12. 12 Additional Methods of Disclosure.. If the consumer commodities are refrigerated, and attachment of stamps, tags, or labels is not practical, the sales agency shall disclose the required unit pricing information by signs or lists. These signs or lists shall be clear, conspicuous, and near the consumer commodities, and the information readily available to the consumer without need for the consumer to inquire of, or otherwise contact store personnel.
02.01.01.13.htm 02.01.01.13. 13 Additional Pricing Requirements.. A. The unit price may be shown in type which is at least the size of "elite" type. However, this price shall be identified as the "unit price" or "price per (unit of measure)B. The designation of the unit price per measure of 1 dollar or more shall be expressed in terms of dollars and cents.C. If the unit price is under 1 dollar, it shall be listed:. 1) To the tenth of a cent (i.e. an item priced at 25.54 cents may read 25.5 cents or 25.5) or.
02.01.01.14.htm 02.01.01.14. 14 Non-intentional Technical Errors.. A. If any errors are alleged by the Division which would subject the sales agency to the enforcement provisions of the Unit Pricing Law, the sales agency shall submit data which shows by the preponderance of the evidence that the errors are non-intentional technical errors.B. The data submitted to the Division may contain the following information:. 1) Any specific malfunction of the printing press, electronic data processi
02.01.01.15.htm 02.01.01.15. 15 Exemptions from the Operation of the Unit Pricing Law.. A. Under Commercial Law Article, §14-105(a)2) Annotated Code of Maryland, the Attorney General may exempt any sales agency which is using a program of unit pricing which is approximately as or more comprehensive than the program required by the Unit Pricing Law. The following procedures are to be followed by any sales agency requesting an exemption under Maryland law and t1) A request shall be made in writing;.
02.01.01.16.htm 02.01.01.16. 16 Compliance.. A. The Unit Pricing Law requires 90 percent compliance, which may be based on either of the following, at the option of the sales agency:1) Dollar volume of items required to be unit priced;. 2) Number of items which the store carried which are required to be unit priced.. B. Every sales agency shall advise the Office of the Attorney General, Division of Consumer Protection, of the option as provided in §A, of this regulation, which it has elect
02.01.01.9999.htm 02.01.01.9999. Administrative History Effective date: September 1, 1972. Chapter revised effective June 2, 1978 (5:11 Md. R. 880).
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