C. Uniform Unit Pricing Regulation

as adopted by

The National Conference on Weights and Measures\*

**1. Background**

The Uniform Unit Pricing Regulation (UPR) (renamed in 1983) provides a
national approach to the subject for those jurisdictions choosing to
adopt such a regulation. The traditional approach of the Conference in
drafting Uniform Regu­lations has been to design specific implementing
Regulations for the enfor­cement of the broader re­quirements of the
Uniform Weights and Meas­ures Law. Given the authority of § 12.c and d,
and the man­date of § 16. of this Law, as well as the trend in unit
pricing, both voluntary and mandatory, the Unit Pricing Regulation is
considered appropriate.  Unit pricing has been a concern of the weights
and measures official and has been required for random weight pack­ages
for a long time.

In 1993 the NCWM was contacted by several weights and measures
jurisdictions and retail trade associations who requested that the UPR
be updated to add new commodity groups and pricing requirements. The
comments indicated that many commodity groups for non-food products were
not included in the table and that some of the required units may not be
appropriate for many of the new products being sold in stores. Another
concern was that the UPR specified pricing only on the basis of price
per pound on most products sold by weight. This has resulted in some
jurisdictions not enforcing the requirements on stores that voluntarily
unit price on the basis of price per ounce instead of price per pound.
The NCWM agreed that the UPR should be revised to encourage wider
adoption and use of the uniform regulation and that provisions for unit
pricing in metric units should be included.

At the 1997 Annual Meeting the NCWM adopted revisions to the regulation
to permit retail stores that voluntarily provide unit pricing to present
prices using various units of measure.

The NCWM eliminated the table of product groupings because it is
difficult to keep it current and inclusive, so some newer products were
not included under the uniform requirements. The table was replaced with
requirements that specify that the unit price is to be based on price
per ounce or pound, or price per 100 grams or kilogram, if the packaged
commodity is labeled by weight. For example, the proposed revisions
would require the unit price for soft drinks sold in various package
sizes (e.g., 12 fl. oz. cans through 2 liter bottles) to be uniformly
and consistently displayed in terms of either price per fluid ounce,
price per quart, or price per liter. The NCWM also increased the price
of commodities exempted from unit pricing from 10 cents to 50 cents. The
NCWM believed these revisions would ensure that unit pricing information
facilitates value comparison between different package sizes and/or
brands offered for sale in a store.

The NCWM also considered several comments on this item from members of
the U.S. Metric Association (USMA). Most of these comments suggested
that the UPR be amended to require unit pricing in metric units and
permit inch-pound unit pricing to be provided voluntarily. When it
developed the proposed revisions, the NCWM included guidelines for both
inch-pound and metric unit pricing and believes this is the correct
approach to implementing metric revisions in the regulation. The NCWM
would like to make it clear that the UPR applies only when stores
voluntarily provide unit pricing information. Its purpose is to provide
a standard that retailers must follow to ensure that consumers will have
pricing information that helps them make value comparisons. The decision
to provide unit price information in metric or inch-pound units rests
with retailers who will respond to consumer preference. The NCWM
believes that consumer preference will be the deciding factor as to when
and how quickly metric unit pricing is used in the marketplace.
Therefore, the NCWM does not support amendments to include mandatory
provisions in the UPR as these provisions would take the decision to go
to metric unit pricing out of the hands of consumers and retailers.
Finally, the NCWM does not want to include any requirement that may
discourage retailers from voluntarily providing unit price information.

(Amended 1997)

**2. Status of Promulgation**

The table beginning on page 10 shows the status of adoption of the
Uni­form Unit Pric­ing Regulation.

**Uniform Unit Pricing Regulation**

**Table of Contents**

Section Page

[1. Application 125](#__RefHeading___Toc26798086)

[2. Terms for Unit Pricing 125](#__RefHeading___Toc26798088)

[3. Exemptions 125](#__RefHeading___Toc26798089)

[4. Pricing 125](#__RefHeading___Toc26798090)

[5. Presentation of Price 126](#__RefHeading___Toc26798091)

[6. Uniformity 126](#__RefHeading___Toc26798092)

[7. Effective Date 126](#__RefHeading___Toc26798093)

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**Uniform Unit Pricing Regulation**

**Section 1. Application**[]{#__RefHeading___Toc26798086 .anchor}

Except for random and uniform weight packages that clearly state the
unit price in accordance with existing regulations, any retail
establishment providing unit price information for packaged commodities
shall provide the unit price information in the manner prescribed
herein.

**Section 2. Terms for Unit Pricing**[]{#__RefHeading___Toc26798088
.anchor}

The declaration of the unit price of a particular commodity in all
package sizes offered for sale in a retail establishment shall be
uniformly and consistently expressed in terms of:

(a) Price per kilogram or 100 grams, or price per pound or ounce, if the
    net quantity of contents of the commodity is in terms of weight.

(b) Price per liter or 100 milliliters, or price per dry quart or dry
    pint, if the net quantity of contents of the commodity is in terms
    of dry measure or volume.

(c) Price per liter or 100 milliliters, or price per gallon, quart,
    pint, or fluid ounce, if the net quantity of contents of the
    commodity is in terms of liquid volume.

(d) Price per individual unit or multiple units if the net quantity of
    contents of the commodity is in terms of count.

(e) Price per square meter, square decimeter, or square centimeter, or
    price per square yard, square foot, or square inch, if the net
    quantity of contents of the commodity is in terms of area.

**Section 3. Exemptions**[]{#__RefHeading___Toc26798089 .anchor}

(a) **Small Packages.** - Commodities shall be exempt from these
    provisions when packaged in quantities of less than 28 g (1 ounce)
    or 29 mL (1 fluid ounce) or when the total retail price is 50 cents
    or less.

(b) **Single Items.** - Commodities shall be exempt from these
    provisions when only one brand in only one size is offered for sale
    in a particular retail establishment.

(c) **Infant Formula.** - For \"infant formula,\" unit price information
    may be based on the reconstituted volume. "Infant formula" means a
    food that is represented for special dietary use solely as a food
    for infants by reason of its simulation of human milk or suitability
    as a complete or partial substitute for human milk.

(d) **Variety and Combination Packages. -** Variety and Combination
    Packages as defined in §2.9 and §2.10 in the Uniform Packaging and
    Labeling Regulation
    **^\[Note\ 1,\ *page\ [125](#H130UnitpricNote1)*\]^** shall be
    exempt from these provisions.

[]{#H130UnitpricNote1 .anchor}***Note 1:** See \"Uniform Packaging and
Labeling Regulation.\"*

**Section 4. Pricing**[]{#__RefHeading___Toc26798090 .anchor}

1\. The unit price shall be to the nearest cent when a dollar or more.

2**.** If the unit price is under a dollar, it shall be listed:

> \(a\) to the tenth of a cent, or
>
> (b**)** to the whole cent.

The retail establishment shall have the option of using 2(a) or (b), but
shall not implement both methods.

The retail establishment shall accurately and consistently use the same
method of rounding up or down to compute the price to the whole cent.

**Section 5. Presentation of Price**[]{#__RefHeading___Toc26798091
.anchor}

**1.** In any retail establishment in which the unit price information
is provided in accordance with the provisions of this regulation, that
information may be displayed by means of a sign that offers the unit
price for one or more brands and/or sizes of a given commodity, by means
of a sticker, stamp, sign, label, or tag affixed to the shelf upon which
the commodity is displayed, or by means of a sticker, stamp, sign, able,
or tag affixed to the consumer commodity.

**2.** Where a sign providing unit price information for one or more
sizes or brands of a given commodity is used, that sign shall be
displayed clearly and in a non-deceptive manner in a central location as
close as practical to all items to which the sign refers.

**3.** If a single sign or tag includes the unit price information for
more than one brand or size of a given commodity, the following
information shall be provided:

> \(a\) the identity and the brand name of the commodity;
>
> \(b\) the quantity of the packaged commodity if more than one package
> size per brand is displayed;
>
> \(c\) the total retail sales price; and
>
> \(d\) the price per appropriate unit, in accordance with Section 2.
> Terms for Unit Pricing.

**Section 6. Uniformity**[]{#__RefHeading___Toc26798092 .anchor}

1\. If different brands or package sizes of the same consumer commodity
are expressed in more than one unit of measure (e.g., soft drinks are
offered for sale in 2 liter bottles and 12 fl oz cans), the retail
establishment shall unit price the items consistently.

2\. When metric units appear on the consumer commodity in addition to
other units of measure, the retail establishment may include both units
of measure on any stamps, tags, labels, signs, or lists.

**Section 7. Effective Date**[]{#__RefHeading___Toc26798093 .anchor}

This regulation shall become effective on \_\_\_\_\_\_\_\_\_\_, 20\_\_.

Given under my hand and the seal of my office in the City of
\_\_\_\_\_\_\_\_\_\_ on this \_\_\_\_\_\_\_\_\_\_ day of
\_\_\_\_\_\_\_\_\_\_, 20\_\_.

Signed
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Amended 1997)