**VERMONT**

**Vermont Unit Pricing**

**Law & Regulation**

Title 6, V.S.A., Chapter 37

**§ 681. Definitions**

As used in this chapter:

\(1\) \"Secretary\" means the secretary of agriculture, food and
markets.

\(2\) \"Consumer commodity\" means any food, drug, device, or cosmetic
and other article, product, or commodity of any other kind or class,
except for drugs sold only by prescription:

\(A\) which are customarily produced for sale to retail sales agencies
or instrumentalities for consumption by individuals, for use by
individuals for purposes of personal care or in the performance of
services ordinarily rendered in or around the household; and

\(B\) which usually are consumed or expended in the course of such
consumption or use.

\(3\) \"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 as the secretary
designates, computed to the nearest whole cent or fraction thereof as
the secretary designates. (1971, No. 240 (Adj. Sess.), § 1; amended
2003, No. 42, § 2, eff. May 27, 2003.)

**§ 682. Consumer information required**

\(a\) Every person who sells, offers for sale, or exposes for sale at
retail any aluminum foil, bread, carbonated soft drinks, cereals,
cooking oils, dog or cat food, facial tissues, fish, fowl, fruits,
grains, meats, napkins, plastic food wrapping, vegetables, waxed paper
or other consumer commodity designated by the secretary shall disclose
to the consumer the unit price of the consumer commodity as provided in
this chapter.

\(b\) Every person who sells, offers for sale, or exposes for sale at
retail any consumer commodity shall disclose to the consumer the total
price of the consumer commodity as provided in this chapter. (1971, No.
240 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)

**§ 683. Means of disclosure**

Persons subject to the requirements of section 682 of this title shall
disclose the unit price and total price to consumers in one or more of
the following appropriate ways:

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

\(2\) 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 the commodity itself;
or

\(3\) in accord with regulations adopted by the secretary. (1971, No.
240 (Adj. Sess.), § 3, amended 2003, No. 42, § 2, eff. May 27, 2003.)

**§ 684 REPEALED. 1973, No. 50**

**§ 685. Secretary\'s powers**

The secretary shall:

\(1\) Designate by regulation those consumer commodities in addition to
the consumer commodities specifically enumerated in subsection 682(a) of
this title 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 by regulation the unit of weight, measure, or count in
terms of which the unit price of each consumer commodity shall be
expressed, provided that no designated unit shall be such as to require
persons subject to the provisions of subsection 682(a) of this title to
measure any consumer commodity solely for the purpose of complying with
subsection 682(a) of this title;

\(3\) Designate by regulation whether the unit price of each consumer
commodity subject to the provisions of subsection 682(a) of this title
shall be expressed to the nearest whole cent or to an appropriate
fraction thereof;

\(4\) Exempt by regulation classes of retail establishments from any or
all requirements of this chapter upon a determination that, because
sales of consumer commodities regulated by this chapter are purely
incidental to the business of such classes of retail establishments,
compliance with this chapter is impracticable and unnecessary for
adequate protection of consumers;

\(5\) Prescribe by regulation means for the disclosure of price
information upon determination that they are more effective than those
prescribed in section 683 of this title;

\(6\) Adopt any other regulations necessary to effectuate the provisions
of this chapter, in accordance with the best interests of consumers; and

\(7\) Adopt regulations addressing the method of price disclosure in the
sale of home food service plans, including not only the price of the
commodities sold, but the service costs or membership fees associated
with such a purchase. These regulations shall take precedence over any
uniform regulation adopted by the National Conference on Weights and
Measures and published by the National Institute of Standards and
Technology. (1971, No. 240 (Adj. Sess.), § 5; amended 1991, No. 200
(Adj. Sess.); 2003, No. 42, § 2, eff. May 27, 2003.)

**§ 686. Exceptions**

The requirements of this chapter shall not apply to sales of consumer
commodities:

\(1\) at a retail store with less than 7,000 square feet of floor space
dedicated to the sale of consumer commodities. This exception shall not
apply to the sales agencies or instrumentalities of a company having two
or more sales agencies or instrumentalities as parts of that company.

\(2\) for use or consumption on the premises where sold. (1971, No. 240
(Adj. Sess.), § 6; amended 1989, No. 198 (Adj. Sess.), § 1, eff. Jan. 1,
1991.)

**§ 687. Penalty**

A person who violates this chapter shall be fined not more than
\$500.00. (1971, No. 240 (Adj. Sess.), § 7.)

**State of Vermont**

**Department of Agriculture, Food & Markets**

**UNIT PRICING REGULATION**

1.  DEFINITIONS

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(a) "Point of sale" as used in these regulations, means the pont 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.

(b) "Food" means

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

(2) chewing gum, and

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

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(c) "Drugs" 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

(5) but shall not include devices or their components, parts or
    accessories.

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(d) "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 animals, or

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

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(e) "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.

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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 regulations.

3.  EXEMPT PRODUCTS

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(a) Drugs sold 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 & Measures 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-priced 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.

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4.  MEANS OF DISCLOSURE

> All retail establishments subject to these regulations shall expose
> the 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
    package or applied with a label such as a gun type label. Where
    shelf labeling is not feasible, the unit price shall be printed on
    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. Preprinted packages showing unit price
    shall conform to section 4(b), but are permitted in a color other
    than orange providing the color contrasts conspicuously with the
    background.

(b) The tag or label shall contain the following four elements:

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(1) The words "Unit Price" shall appear as a heading with the unit price
    always appearing to the left of the 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 and cents, as
    applicable, carried to three digits if the unit price is under
    \$1.00(Example: .253 per pound or 25.3 cents per pound) and if the
    unit price is over \$1.00, it is to be expressed to the nearest full
    cent. (Example: \$1.665 shall be displayed as \$1.67)(Example:
    \$1,664 shall be displayed as \$1.66).

(3) The applicable unit of weight or measure or count.

(4) The description of the commodity being sold by item and size.

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(c) The following additional information may appear on the tag or label
    at the option of the individual retailer;

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(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, numbers of rows, or shelf capacity.

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(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 size less than ¼ inch. No asterisks shall be
    used to form numbers.

> When products to be regulated appear other than on the shelf such as
> end displays, basket, etc. they shall be unit priced on the package
> with a label or a gun type label or the unit price shall conspicuously
> appear on a sign in a size not smaller than ¼ inch or one-fourth the
> size numerals used for the retail price, whichever is greater. The
> sign must be in compliance with Section (b).
>
> Where the unit price is on the package itself or on a label such as a
> gun type label the unit price must be at least in a size of pica type
> or larger.
>
> Where a shelf label refers to identical products, or the different
> flavors, etc. of the same product having same selling price or more
> than four feet of shelving, a shelf label must be shown for every four
> feet or fraction thereof.
>
> If the retail price on the display materials is the same as the unit
> price label on the shelf or the package, the unit price does not have
> to be shown again on the display material. If the display material
> gives a retail price other than on the unit price label on the shelf
> or on the package, then, the display materials must show the unit
> price in compliance with Section (b).

(e) If the items other than those required are unit priced, they must be
    in compliance with these regulations.

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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 for 50 square feet when its net quantity is customarily
    expressed in square inches, square feet, or square yards.

(d) Price per 100 units of commodities, whose net quantity is expressed
    by a numeral count.

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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 of such commodities by all retail establishments subject to the
> unit price regulations:
>
> **[PRODUCT]{.underline} [UNIT MEASURE]{.underline}**
>
> Aluminum, plastic, freezer paper The unit of measure shall be
>
> wax paper the same as displayed on the
>
> package.
>
> Baby foods: - solids, juices If sold by weight, the unit price
>
> Bags -- sandwich, trash, lunch be by the pound.
>
> freezer
>
> Bird and animal foods over 40 ozs.
>
> Bottled beverages (non-carbonated) If by fluid measure, the unit
>
> shall be by the quart.
>
> Bread and bread products If by square feet, the unit price
>
> shall be by square feet.
>
> Candy, individual bars over 2 oz. If sold by count, the price shall
>
> and decorative toppings be 100 count.
>
> Carbonated soft drinks Where a dual declaration is
>
> (on contents only) shown involving count, the
>
> Cereals unit price shall be by the count.
>
> Cheese, cheese spreads
>
> Chinese dinners and related
>
> items
>
> Cocoa, chocolate syrups
>
> Coffee, instant, ground and whole
>
> beans
>
> Cooking oils
>
> Crackers and cookies
>
> Fish, shell fish
>
> (fresh, if not random-wt. pkg.,
>
> processed, including spreads;
>
> dried, canned, frozen, bagged)
>
> 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
>
> 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
>
> -aerosols
>
> 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)

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.