### CONNECTICUT

**UNIVERSAL PRODUCT CODING/MARKING OF RETAIL PRICE**

Current with material published in Conn.L.J. through 6/10/08

Any unit of food which is offered or displayed for sale prior to or
during the course of any period during which the price of such unit of
food is reduced in accordance with a publicly-advertised price reduction
having a publicly-advertised ending date may, if it remains to be
offered or displayed for sale after such ending date, be increased in
price to a level not to exceed the posted price of such unit of food
immediately preceding the starting date of the publicly-advertised price
reduction.

Sec. 21a -- 79. Universal product coding. Electronic shelf labeling.
Electronic pricing. Marking of retail price. Commodities on sale at
reduced prices. Regulations. Penalties.

(a) For the purposes of this section

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(1) "consumer commodity" and "unit of a consumer commodity" shall have
    the same meaning as in section 21a-73, except that consumer
    commodity shall not include alcoholic liquor as defined in
    subdivision (3) of section 30-1 or a carbonated soft drink
    container;

(2) "carbonated soft drink container" means an individual, separate,
    sealed glass, metal or plastic bottle, can jar or carton containing
    a carbonated liquid soft drink sold separately or in packages of not
    more than twenty-four individual containers;

(3) "universal product coding" shall mean any system of coding which
    entails electronic pricing;

(4) "an electronic shelf labeling system" is an electronic system which
    utilizes an electronic device attached to the shelf or at any other
    point of sale, immediately below or above the item, which
    conspicuously and clearly displays to the consumer the unit price
    and the price of the consumer commodity. Such electronic shelf
    labeling system reads the exact same data as the electronic cash
    register scanning system; and

(5) "an electronic pricing system" is a system which utilizes the
    universal product coding bar code by means of a scanner in
    combination with the cash register to record and total a customer's
    purchases.

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(b) (1)Any person, firm, partnership, association or corporation which
    utilizes universal product coding in totaling a retail customer's
    purchases shall mark or cause to be marked each consumer commodity
    which bears a Universal Product Code with its retail price.

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(2) The provisions of subdivision (1) of this subsection shall not apply
    if:

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A.  The commissioner of consumer protection by regulation, allows for
    the utilization of electronic shelf labeling systems;

B.  a retailer is granted approval to utilize an electronic shelf
    labeling system by the commissioner, and

C.  the retailer has demonstrated to the satisfaction of the
    commissioner that such electronic shelf labeling system is supported
    by an electronic pricing system which utilizes universal product
    coding in totaling a retail customer's purchases.

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(3) Consumer commodities which are advertised in a publicly-circulated
    printed form as being offered for sale at a reduced price for a
    minimum seven-day period need not be individually marked at such
    reduced retail price, provided such consumer commodities are
    individually marked with their regular retail price and a
    conspicuous sign is adjacent to such consumer commodities, which
    sign discloses:

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A.  The reduced retail price and its unit price; and

B.  a statement that the item will be electronically priced at the
    reduced price by the cashier.

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(4) If a consumer commodity is offered for sale at a reduced price, in
    accordance with subdivision (3) of this subsection and its
    electronic price is higher than the reduced price on the sign which
    is adjacent to the consumer commodity, then one item of such
    consumer commodity shall be given to the consumer upon demand at no
    cost. A conspicuous sign shall adequately disclose to the consumer
    that in the event the electronic price is higher than the reduced
    retail price, one item of such consumer commodity shall be given to
    the customer upon demand at no cost.

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(c) \(1\) The commissioner of consumer protection may adopt regulations
    in accordance with the provisions of chapter 54 concerning the
    marking of prices and use of universal product coding on each unit
    of a consumer commodity.

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(2) The commissioner of consumer protection may adopt regulations in
    accordance with the provisions of chapter 54 designating not more
    than ten consumer commodities which need not be marked in accordance
    with subdivision (1) of subsection (b) of this section and
    specifying the method of providing adequate disclosure to consumers
    to insure that the electronic pricing of the designated consumer
    commodities is accurate. The commissioner may establish by
    regulation methods to protect consumers against electronic pricing
    errors of such designated consumer commodities and to insure that
    the electronic prices of such designated consumer commodities are
    accurate. Among the methods which the commissioner may consider are
    conditions similar to those set forth in subdivision (4) of
    subsection (b) of this section.

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(d) The commissioner of consumer protection, after providing notice and
    conducting a hearing in accordance with the provisions of chapter
    54, may issue a warning citation or impose a civil penalty of not
    more than one hundred dollars for the first offense and not more
    than five hundred dollars for each subsequent offense on any person,
    firm, partnership, association or corporation which violates any
    provision of subsection (b) of this section or any regulation
    adopted pursuant to subsection (c) of this section. Any person, inn,
    partnership, association, or corporation which violates any
    provision of subsection (b) of this section or any regulation
    adopted pursuant to subsection (c) of this section shall be fined
    not more than two hundred dollars for the first offense nor more
    than one thousand dollars for each subsequent offense. Each
    violation with respect to all units of a particular consumer
    commodity on any single day shall be deemed a single offense.

**Section 21a-73(b)**"Consumer Commodity" means any food, drug, device,
cosmetic or other article, product or commodity of any kind or class,
except drugs sold only by prescription, which is customarily produced by
retail sales agencies or instrumentalities for consumption by
individuals, or use by individuals for purposes of personal care or in
the performance of services ordinarily rendered in or around the
household, and which usually is consumed or expended in the course of
such consumption or use.

**[Sec. 21a-79-1. Definitions]{.underline}**

For purposes of Sections 21a-79-1 to 21a-79-7, inclusive, of these
regulations, the following terms shall have the meanings indicated:

\(a\) \"Retail Price\" is the price marked on the consumer commodity at
which said consumer commodity is to be sold to the customer;

\(b\) \"Retailer\" means any person, firm, partnership, association or
corporation which utilizes universal product coding in totaling a retail
customer\'s purchase; and

\(c\) \"Exempted Consumer Commodity\" means a consumer commodity which
has been exempted from the requirement that each item of such consumer
commodity be marked with its retail price.

(Amended October 25, 1993.)

**[Sec. 21a-79-2. Unmarked consumer commodities]{.underline}**

Any consumer commodity not properly marked with the retail price or for
which the retailer has not been granted an item price exemption in
accordance with section 21a-79 (b) (4) of the Connecticut General
Statutes, shall be removed from sale until properly marked.

(Added effective May 23, 1988; Amended effective October 1, 2007.)

**[Sec. 21a-79-3. Improperly marked or scanned consumer
commodities]{.underline}**

\(a\) If the retail price posted or marked on the consumer commodity is
higher than that displayed by the scanner, the lower price will prevail.

\(b\) If the retail price posted or marked on the consumer commodity is
lower than that displayed by the scanner, then one item of such consumer
commodity, up to a value of twenty dollars, shall be given to the
consumer at no cost.

(Added effective May 23, 1988; Amended effective October 1, 2007.)

**[Sec. 21a-79-4. Test scanning]{.underline}**

\(a\) Any person, firm, association or corporation which utilizes
universal product coding in totaling a retail customer\'s purchases
shall make available to the customer a scanner, capable of

reading a universal product code bar, so as to allow the consumer an
opportunity to personally identify the price of any item offered for
sale. The specific scanner must be clearly identified as available for
consumer use and may be one of several such devices utilized by
consumers to actually purchase items from the retailer. The use of the
consumer designated scanner may be limited during times of maximum
register use, and the scanner designated for consumer use shall be the
last scanner placed into service to register sales of items when a
retailer determines that all scanning check-out registers must be in
use.

\(b\) If an item price exemption has been granted to a retailer in
accordance with section 21a-79 (b) (4) of the Connecticut General
Statutes, the retailer shall also make available a consumer price test
scanner, approved by the commissioner and located prominently in an
easily accessible location for each twelve thousand square feet of
retail floor space, or fraction thereof.

(Added effective May 23, 1988; Amended effective October 1, 2007.)

**UNIVERSAL PRODUCT CODING/EXEMPTIONS FROM MARKING OF RETAIL PRICE**

**[Sec. 21a-79-5. Exempted consumer commodities]{.underline}**

The following consumer commodities need not be marked with their retail
prices:

\(1\) canned cat food;

\(2\) milk;

\(3\) powdered gelatin and pudding dessert mixes;

\(4\) canned tuna fish;

\(5\) fresh shell eggs;

\(6\) ice cream in one-half gallon, quart, and pint sizes;

\(7\) frozen concentrated juices and fruit drinks;

\(8\) toilet tissue packaged in single rolls;

\(9\) baby food packed in glass jars;

\(10\) individually packed candy and chewing gum offered for sale at
cash register/checkout locations;

\(11\) salad dressings, in either bottles or packets; and

\(12\) refrigerated yogurt in half pint sizes (8 ounces) or less, sold
individually or in packs.

(Added effective October 25, 1993; Amended effective November 3, 2003.)

**[Sec. 21a-79-6. Signs required to inform consumers of exemption and
retail price]{.underline}**

\(a\) Exempted consumer commodities shall have a three-inch by five-inch
sign conspicuously placed adjacent to the display of such consumer
commodity, with a frequency of one sign for every six linear feet of
display, or fractional part thereof. Such sign shall: (1) contain a
statement that the consumer commodity has been exempted from the
requirement that each such consumer commodity be individually marked
with its retail price, and that, in the event that an exempted consumer
commodity registers at the cash register or checkout terminal at a
retail price which is higher than the retail price as stated, one item
of such exempted consumer commodity up to a value of twenty dollars,
shall be given to the consumer at no cost; and (2) not contain any
additional text, including but not limited to store or promotional
slogans, names, or advertising.

\(b\) Each exempted consumer commodity shall have its current retail
price disclosed on a tag or label directly adjacent to the consumer
commodity, on the shelf on which the commodity is displayed. For
purposes of this subsection, the tag or label provided pursuant to
Section 21a-74 (b) (1) of the Connecticut General Statutes shall be
deemed to satisfy the requirements of this subsection.

(Added effective October 25, 1993; Amended effective October 1, 2007.)

**[Sec. 21a-79-7. Electronic pricing error. One item at no cost.
Signage]{.underline}**

\(a\) In the event that any consumer commodity electronically scans at
the cash register or checkout terminal at a retail price which is higher
than the posted retail price, one item of such consumer commodity, up to
a value of twenty dollars, shall be given to the consumer at no cost.

\(b\) The consumer shall be informed of the retailer\'s obligation to
provide one item free up to a value of twenty dollars, by means of the
conspicuous sign referred to in section 21a-79-6 (a) of the Regulations
of Connecticut State Agencies or section 21a-79 of the Connecticut
General Statutes, and a second conspicuous sign attached to each cash
register or checkout terminal in a retailer\'s establishment. The sign
attached to the cash register or checkout terminal shall be at least six
inches by eight inches in size, easily readable by a consumer making a
purchase at such cash register or checkout terminal, and shall not
contain any additional text including but not limited to store or
promotional slogans, names, or advertising, other than that required by
section 21a-79 (b) 6 of the Connecticut General Statutes. As an
alternative to such cash register or checkout terminal signs, the
retailer may display a conspicuous sign, with minimum dimensions of 22
inches by 28 inches, at each public entrance within the store, which
sign shall not contain

any store or promotional slogans, names, or advertising and which shall
read, in clear and conspicuous type, as follows:

\"In the event that a consumer commodity scans at a higher price, you
will be given one item of that consumer commodity free of charge up to a
value of \$20.00. Credit will be given for items of higher value.\"

(Added effective October 25, 1993; Amended effective October 1, 2007.)

#### 

#### 

> **TEN EXEMPT ITEMS**
>
> Regulation 21a -- 79-6 and 21a -- 79-7 requires signs to be posted.

A.  This type sign is required at a frequency of one sign for every six
    linear feet of display. The sign is required to be three by five
    inches. The sign may not contain additional text such as store
    names, advertising, or slogans.

B.  A six inch by nine inch sign is required at each cash
    register/checkout terminal. As an alternative to the checkout signs
    a conspicuous sign may be posted at each public entrance. The
    minimum dimensions are 22 inches by 28 inches. This sign may not
    contain additional text such as store names, slogans, or
    advertising.

> See attachment for required language on the signs.
>
> **POWDERED GELATIN**
>
> **AND PUDDING DESSERT MIXES**
>
> ***as a commodity, has been exempted***
>
> ***from retail item pricing.***
>
> ***In the event an item of this commodity***
>
> ***registers at the checkout terminal***
>
> ***at a retail price higher than***
>
> ***the stated retail price,***
>
> ***you will receive one of that item free.***
>
> **POST THIS TYPE SIGN FOR EXEMPT ITEMS. ONE SIGN PER EVERY SIX LINEAR
> FEET OF DISPLAY. SIGN MUST BE THREE-INCH BY FIVE-INCH.**
>
> **You may choose either**
>
> **Sign must be 22" X 28" if posted at a public entrance.**
>
> **Sign must be 6" X 9" if posted at each checkout/register**
>
> **In the event that a consumer commodity, in either**
>
> **of the following categories, scans at an**
>
> **Incorrect higher price, you will be given one item**
>
> **of that consumer commodity free of charge.**

(1) **Connecticut law provides that certain consumer commodities need
    not be individually marked with their retail prices. You will see
    signs in the aisles next to each of these items identifying them as
    belonging to this special group of consumer commodities.**

(2) **Connecticut law provides that consumer commodities on sale in our
    printed circular need not be marked with their sale prices. You will
    see signs in the aisles where each of these items are displayed
    stating that they will scan at their advertised sale prices.**

**Sec. 21a -- 73. Unit pricing: Definitions.** As used in sections 21a
-- 73 to 21a --77, inclusive:

(a) "Commissioner" means commissioner of consumer protection.

(b) "Consumer commodity" means any food, drug, device, cosmetic or other
    article, product, or commodity of any other kind or class, except
    drugs sold only by prescription, which is customarily produced for
    sale to retail sales agencies or instrumentalities for consumption
    by individuals, or use by individuals for purposes of personal care
    or in the performance of services ordinarily rendered in or around
    the household, and which usually is consumed or expended in the
    course of such consumption or use.

(c) "Unit price" of a consumer commodity means the retail price of a
    consumer commodity expressed in terms of the retail price of such
    commodity per such unit of weight, measure, or count, computed to
    the nearest whole cent or fraction thereof:

(d) "Unit of consumer commodity" means any consumer commodity in
    packaged form upon which is affixed a statement indicating the
    quantity of such commodity contained in such package.

**Sec. 21a -- 74. Seller to disclose unit and total price of consumer
commodity.**

(a) Any person who sells or offers or exposes for sale at retail any
    consumer commodity designated by the commissioner. In accordance
    with the provisions of section 21a -- 75, shall disclose to the
    consumer the unit and total price of such commodity as provided in
    subsection (b) of this section unless exempted pursuant to section
    21a -- 76.

(b) Persons subject to the requirements of subsection (a) of this
    section shall disclose the unit price and total price to consumers
    by one or more of the following means:

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(1) By attachment of a stamp, tag, or label directly adjacent to the
    consumer commodity, on the shelf on which the commodity is
    displayed, or by stamping or affixing the price information on each
    unit of a consumer commodity; or

(2) if the consumer commodity is so located that it is not conspicuously
    visible to the consumer, or is so located that the price information
    if displayed in accordance with subdivision (1) would not be
    conspicuously visible to the consumer, by a sign or list bearing
    such price information, conspicuously placed near the point of
    procurement; or

(3) by such other means as the commissioner may by regulation provide.

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(c) No advertisement to aid, promote, or assist directly or indirectly
    in the sale of any consumer commodity subject to the provisions of
    subsection (a) of this section shall state the total price of such
    commodity unless it also states the unit price of such commodity.

**Sec. 21a -- 75. Regulations. Hearings. Civil penalties for
noncompliance.**

(a) The commissioner shall adopt regulations necessary to carry out the
    purposes of sections 21a -- 73 to 21a -- 77, inclusive, for the best
    interests of consumers and, in addition, shall by regulation:

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(1) Designate those consumer commodities as to which display of the unit
    price shall be required, upon a determination that such display will
    be in the best interests of consumers;

(2) designate the unit of weight, measure, or count in terms of which
    the unit price of each consumer commodity designated under
    subdivision (1) shall be expressed, provided that no designated unit
    shall be such as to require persons subject to the provisions of
    subsection (a) of section 21a -- 74 to measure any consumer
    commodity solely for the purpose of complying with said section:

(3) designate whether the unit price of each consumer commodity
    designated under subdivision (1) shall be expressed to the nearest
    whole cent or fraction thereof.

(4) prescribe the means for the disclosure of price information upon
    determination that such means would be more effective than those
    prescribed in subdivision (1) or (2) of subsection (b) of said
    section 21a -- 74.

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(b) The commissioner shall adopt regulations pursuant to the provisions
    of chapter 54.

(c) The commissioner shall hold a hearing in accordance with the
    provisions of chapter 54 whenever he has probable cause to believe,
    or whenever twenty-five or more citizens state in writing to him
    their belief, that a person has violated any of the provisions of
    sections 21a -- 73 to 21a -- 76, inclusive.

(d) Upon a finding that a person has violated any of the provisions of
    sections 21a -- 73 to 21a -- 76, inclusive, the commissioner may
    issue a warning citation or may impose a civil penalty of not more
    than one hundred dollars for the first offense and not more than
    five hundred dollars for each subsequent offense. Each violation
    with respect to all units of a particular consumer commodity on any
    single day shall be deemed a single offense.

> **Sec. 21a -- 76 Exceptions.**
>
> The provisions of sections 21a -- 73 to 21a -- 77, inclusive shall not
> apply to any owner-operated single retail store or to any store
> occupying a total retail sales area of not more than three thousand
> five hundred square feet.
>
> **Sec. 21a -- 77 Criminal penalty**
>
> Any person who violates any provision of sections 21a -- 73 to 21a --
> 77, inclusive, shall be fined not more than two hundred dollars for
> the first offense nor more than one thousand dollars for each
> subsequent offense. Each violation with respect to all units of a
> particular consumer commodity on any single day shall be deemed a
> single offense.
>
> **Unit Pricing of Consumer Commodities**
>
> Current with material published in Conn.L.J. through 6/10/08

**Sec. 21a -- 75-1 Definitions**

(a) "Commissioner" as used in these regulations, means the Commissioner
    of Consumer Protection.

(b) "Consumer Commodity" means any food, drug, device, cosmetic, or
    other article, product, or commodity of any other kind or class,
    except drugs sold by prescription only, which is customarily
    produced for sale to retail sales, agencies, or instrumentalities
    for consumption by individuals, or use by individuals for purposes
    of personal care or in the performance of services ordinarily
    rendered in or around the household, and which usually is consumed
    or expended in the course of such consumption or use.

(c) "Unit Price" of a consumer commodity means the retail price of a
    consumer commodity expressed in terms of the retail price of such
    commodity per unit of weight, measure, or count, computed to the
    nearest whole cent or fraction thereof.

(d) "Point of Sale" as used in these regulations, means the point at
    which consumer commodities are offered and displayed for retail sale
    in such a manner that the consumer may examine and select
    commodities for purchase without the assistance of sales personnel.

(e) As used in these regulations, the terms food, drug, device, and
    cosmetic are defined as in Section 21a -- 92 of the Connecticut
    General Statutes:

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i.  "Food" means

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(1) articles used for food or drink for man or animals, and

(2) chewing gum, and

(3) articles used for components of any such article;

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ii. "Drug" means

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(1) articles recognized in the official United States pharmacopoeia,
    official, homeopathic pharmacopoeia of the United States or official
    national formulary, 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 other animals;

(3) articles, other than food, intended to affect the structure or any
    function of the body of man or any other animal; and

(4) articles intended for use as a component of any articles specified
    in this subsection; but shall not include devices or their
    components, parts or accessories;

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iii. "Device" means instruments, apparatus and contrivances, including
     their components, parts, and accessories, intended

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(1) for use in the diagnosis, cure, mitigation, treatment, or prevention
    of disease in man or other animals, or

(2) to affect the structure or any function of the body of man or other
    animals;

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iv. "Cosmetic" means

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(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.

(Effective July 27, 1984)

**Sec. 21a -- 75-2. Persons to whom regulations apply**

(a) Any person who sells or offers or exposes for sale at retail any of
    the consumer commodities designated in Section 6 of these
    regulations shall disclose to the consumer the price per unit of
    weight or measure or count and total price, as required by Section 4
    of the regulations.

(b) Owner-operated single retail stores are exempt from these
    regulations. An "owner-operated single retail store" shall meet the
    following requirements:

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i.  The principle owner of the owner-operated single retail store must
    hold more than 50% of the ownership interest of the store and may
    not have any ownership interest whatsoever in any other retail store
    in the State of Connecticut which sells consumer commodities covered
    under the unit pricing statute; and

ii. At least one person who has an ownership interest in the store, or a
    member of his immediate family, must be employed at the premises of
    the store during all hours that the store is open to the public, or
    at least forty hours per week, whichever is less. For purposes of
    this section, "immediate family" means the owner's parent, son,
    daughter, husband, wife, brother or sister.

(Effective July 28, 1992)

**Sec. 21a -- 75-3. Exempt products**.

(a) Beverages subjected to or complying with packaging or labeling
    requirements imposed under the Federal Alcohol Administration Act.

(b) Products which are required to be marked individually with the cost
    per unit weight under the provisions of Section 42-115l of the
    Connecticut General Statutes.

(c) Such consumer commodities which are sold in units of even pounds,
    pints, quarts, or gallons, and which have a retail price plainly
    marked thereon; but only the particular consumer commodities sold in
    such units shall be exempt.

(d) Different products co-mingled in one receptacle or package for the
    purpose of a one-price sale.

(e) Products sold in one size limit only.

(f) Snack food such as cakes, candies, or chips, sold in packages under
    five ounces in weight.

(Effective July 27, 1984; amended September 26, 1996.)

**Sec. 21a -- 75-4. Method of disclosure**

(a) All retail establishments subject to these regulations shall
    disclose the price per measure to the consumer by the attachment of
    a tag or label of any of the following colors on the item itself, or
    on the shelf or at any other point of sale immediately below the
    item, or above the item, so as to be conspicuously visible to the
    consumer. The permissible colors for such tag or label are red,
    blue, green, orange, yellow, or brown. The color white may be used
    in conjunction with any of these other colors, but white lettering
    on clear plastic or cellophane wrappers may not be used, In the
    alternative, a retailer may disclose the price per measure to the
    consumer by means of an electronic device, referred to in
    subsection (f) of this section, which must be placed on the shelf or
    at any other point of sale immediately below the item or above the
    item., so as to be conspicuously visible to the consumer. Such
    electronic device shall utilize blue color for the retail price and
    orange color for the unit price.

(b) The tag, label or electronic device shall contain the following
    three elements:

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i.  The words "Unit Price" shall appear as a heading, with the unit
    price always appearing above, or to the left of, the then-selling
    price.

ii. 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 cents, provided that the said
    price is rounded off from .005 and over to the next higher cents;
    and if.004 or less cent, it be carried to three digits. Examples:
    "25.3 per pound; \$1.67 per quart".

iii. The applicable unit of weight or measure or count.

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(c) The following additional information may appear on the tag, label,
    or electronic device at the option of the individual retailer:.

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i.  The description of the commodity being sold by item and size;

ii. In items such as paper products, the applicable "ply" count or
    thickness may be included; and

iii. Such logistical information which the retail establishment
     requires, such as order codes, number of rows, or shelf capacity.

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(d) If the consumer commodity is not conspicuously visible to the
    consumer or where the display space used for a particular consumer
    commodity is inadequate to set forth separate price legends, as
    required by these regulations, a list of the prices per measure
    shall be conspicuously posted at or near the point of sale or the
    point of display; or the price per measure may be stamped or affixed
    to the item itself.

(e) The price per measure shall be displayed in type no smaller that
    that used for the retail price of the item, but in no event shall
    the price per measure appear in less size than pica type. When a
    retail food establishment employs display material at the point of
    sale and the retail price appears thereon in sizes larger than pica
    type, the unit price information required by these regulations shall
    conspicuously appear thereon and shall appear in size no less than
    pica type or ¼ the size numerals used for the retail price,
    whichever is greater.

(f) An electronic shelf labeling system which uses electronic devices to
    only display the unit price information required by subsections
    (b)(c), and (d) of this section may be utilized with the approval of
    the commissioner. In seeking the commissioner's approval, a retailer
    must send in a written request for such approval, along with a
    description of the proposed electronic shelf labeling system. In
    deciding whether to approve the electronic shelf labeling system,
    the commissioner's review shall include but not be limited to the
    overall appearance of the device and its capacity to transmit the
    unit pricing information to consumers. If a retailer utilizes an
    electronic shelf labeling system, such system must by constructed
    and affixed in such a manner so as to prevent alteration or movement
    of the electronic device or display information by consumers.

> (Effective July 28, 1992; amended September 26, 1996)

**Sec. 21a -- 75-5. Price per measure**

(a) The price shall be designated as per pound or as per ounce,
    whichever offers the most meaningful basis of comparison for the
    consumer, on all commodities whose net quantity is customarily
    expressed in units of pounds or ounces or both, provided that the
    same unit of measure is used for the same commodity in all sizes
    sold in such retail establishment.

(b) (Price) The price shall be designated as per pint, quart, or gallon
    for commodities whose net quantity is expressed in units of pints,
    quarts, gallons, or fluid ounces, or a combination thereof,
    provided, that the same unit of measure is used for the same
    commodity in all sizes sold in such retail establishment.

(c) (Price) The price shall be designated as per 50 feet or per 100
    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 provided that the same unit of measure is
    used for the same commodity in all sizes sold in such retail
    establishment.

(d) (Price) The price shall be designated as per 50 units or 100 units
    of commodities, whose net quantity is expressed by a numerical count
    provided, that the same unit of measures is used for the same
    commodity in all sizes sold in such retail establishment.

> **Required Units of Measure for Unit Price Designation**
>
> The following list of products indicates the corresponding unit of
> measure which is required to be used in the designation of the unit
> price of such products by all retail food establishments subject to
> the unit price regulations. As a general rule, all dry bulk products
> are unit priced by the pound; all products sold in aerosol cans are
> unit priced by the pound; and the majority of the liquid products are
> unit priced by pints, quarts, or gallons. There are several products
> on this list which may be unit priced by different units of measure,
> provided that the same unit of measure is used for the same commodity
> in all sizes sold in a single retail food establishment.
>
> (Effective July 17, 1984; amended September 26, 1996)
>
> **Sec. 21a 75 -- 6. Products regulated**

(a) **Group 1:**

> [Product]{.underline} [Unit of Measure]{.underline}
>
> Detergents:
>
> liquid pint or quart or gallon
>
> dry pound
>
> Household cleansers; waxes,
>
> polishes and deodorizers;
>
> liquid pint or quart or gallon
>
> dry pound
>
> aerosols pound
>
> Cereals pound
>
> Instant breakfast foods pound
>
> Butter pound
>
> Oleomargarine pound
>
> Coffee, instant and ground pound
>
> Cocoa, chocolate syrup pint or quart or gallon
>
> if sold by volume
>
> pound if sold by weight
>
> Tea:
>
> bags per 50 or 100 units
>
> bulk pound
>
> instant pound
>
> Jellies and Jams pound
>
> Peanut butter pound
>
> Mayonnaise pint or quart or gallon
>
> Paper products including napkins, per 50 or 100 units
>
> paper towels and tissues or per 50 or 100 square feet
>
> Aluminum wraps, plastic wraps per 50 or 100 square
>
> and waxed paper feet
>
> Paper and plastic bags plates and cups per 50 or 100 units
>
> [Product]{.underline} [Unit of Measure]{.underline}
>
> Baby foods:
>
> Solids pound
>
> juices pint or quart or gallons

(b) **Group 2:**

> Fruits and vegetables:
>
> canned pound
>
> jarred pound
>
> boxed pound
>
> Juices pint or quart or gallon
>
> Shortenings pound
>
> Flours pound
>
> Cooking oils pint or quart or gallon
>
> Canned fish and canned meats pound
>
> Spaghetti, macaroni, noodles, and pasts
>
> products pound
>
> Soups, canned and dried pound

(c) **Group 3:**

> Frozen fruits and vegetables pound
>
> Frozen juice pint or quart or gallon
>
> if sold by volume
>
> pound if sold by weight
>
> Pet foods pound
>
> Prepared baking mixes including cakes,
>
> pancakes and biscuits pound
>
> Ketchup and mustard pint or quart or gallon
>
> if sold by volume
>
> pound if sold by weight
>
> Tomato, spaghetti, and meat sauces pint or quart or gallon
>
> if sold by volume
>
> pound if sold by weight
>
> Pickles and relishes pint or quart or gallon
>
> if sold by volume
>
> pound if sold by weight
>
> Snack foods, including potato chips and
>
> pretzels pound
>
> Bread and pastry products pound
>
> Bottled beverages Pint or quart
>
> carbonated and non-carbonated or gallon
>
> Flavored syrups and powdered drink Pint or quart or gallon
>
> mixes if sold by volume
>
> Pound if sold by weight
>
> Cookies and crackers pound
>
> Salad dressings:
>
> liquid pint or quart or gallon
>
> dry mixes pound
>
> Toothpaste pound
>
> Shaving creams pound
>
> [Product]{.underline} [Unit of Measure]{.underline}
>
> Deodorants pound
>
> Shampoos pint or quart or gallon
>
> Cold cuts pound
>
> Fish products and meat pound

(Effective July 28, 1992; amended September 26, 1996)

**Sec. 21a 75-7. Extension of time for compliance**

Any retail establishment which is unable to comply with these
regulations may make written application to the Commissioner for
permission to extend such time for compliance for a period not to exceed
thirty days. Such retail establishment shall set forth, in as much
detail as possible, the reasons for its inability to comply. The
Commissioner may extend such period from time to time, upon such terms
and conditions as may be deemed reasonable.

(Effective July 27, 1984)

**Sec. 21a -- 75-8. 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.

(Effective July 27, 1984)

PUBLIC ACT NO. 98-211

AN ACT CONCERNING AN ALTERNATIVE

ELECTRONIC RETAIL PRICING SYSTEM PILOT PROGRAM.

Sec. 3. (NEW) (a) Notwithstanding the provisions of section 21a-79 of
the general statutes and any regulations adopted under said section, the
Commissioner of Consumer Protection may, within available
appropriations, establish a pilot program for the test audit of
alternative electronic retail pricing systems that maintain and display
the item and unit price of consumer commodities, as defined in
subsection (a) of section 21a-79 of the general statutes.

The commissioner shall select one or more retailers to participate in
any such pilot program in accordance with the following requirements:
(1)The retailer shall conduct business from one or more stores in this
state on the effective date of this act; (2) the retailer shall submit
to the commissioner a written request to participate in the pilot
program and indicate in such written request the retailer\'s willingness
to pay all costs associated with a test audit under such pilot program;
and (3) the retailer shall implement a system to be test audited that,
at a minimum, (A) maintains the retailer\'s current item prices and unit
prices for each product in an electronic database, (B) prints shelf tags
that meet all applicable requirements for item pricing and unit pricing
in effect on the effective date of this act, and (C) operates in such a
way that (i) price decreases are immediately transmitted directly to the
point of sale, and (ii) price increases are transmitted to the point of
sale only after such shelf tags are posted and such posting has been
verified in the electronic database. (b) The commissioner may designate
a private auditing organization to conduct any such test audit and shall
charge the cost of such test audit to the selected retailer. No such
test audit shall be conducted for a period exceeding six months. The
retailer shall designate one store in which the test audit will be
conducted. During the test audit, such store shall be exempt from the
provisions of subdivision (1) of subsection (b) of section 21a-79 of the
general statutes and any applicable regulations adopted under said
section. (c) The commissioner shall report the results of each test
audit conducted under any such pilot program and any recommendations to
the joint standing committee of the General Assembly having cognizance
of matters relating to consumer protection not later than three months
after the completion of such test audit. Such report shall include a
copy of any audit report prepared by the commissioner or any such
private auditing organization. Approved June 8, 1998