HAWAII

HRS Chapter 486-116. 

§486-116 Misrepresentation of price. Whenever any commodity or service is bought or sold, or is 

offered, exposed, or advertised for sale or purchase, by weight, measure, or count, the price shall not be 

misrepresented, nor presented in any manner calculated or tending to mislead or deceive an actual or 

prospective purchaser or seller. The price of consumer commodities, when offered for sale at retail, shall 

be clearly displayed and shall reflect the retail price at which the public may, without special credentials or 

other requirements, purchase the commodities. The price displayed and the price actually charged the 

purchaser shall be identical unless a prior agreement has been reached between the buyer and the seller or 

the price charged is lower than the price displayed. Whenever an advertised, posted, or labeled price per 

unit of measure includes a fraction of a cent, all numerals expressing the fraction shall be prominently 

displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to and of the 

same general design and style as the whole numeral or numerals of the price per unit as established by rule 

of the board. [L 1991, c 153, pt of §6; am L 1993, c 54, §10; am L 1998, c 192, §4] 

§4-91-3

TITLE 4 DEPARTMENT OF AGRICULTURE

SUBTITLE 7 DIVISION OF MEASUREMENT STANDARDS

CHAPTER 91

UNIT PRICING OF CONSUMER COMMODITIES

§4-91-1 Severability

§4-91-2 Violation

§4-91-3 Applicability

§4-91-4 Method of unit pricing

§4-91-5 Exemptions

§4-91-6 Pricing

§4-91-7 Presentation of price

Historical note: This chapter is based substantially upon Section 9.700 of

Rule 9.000/486-71, entitled "Unit Pricing of Consumer Commodities," of the Division

of Measurement Standards. [Eff. 2/11/74; R 12/26/81]

§4-91-1 Severability. If any provision of this chapter is held invalid, the

invalidity shall not affect the remainder of this chapter and, to this end, the provisions

of this chapter are severable. [Eff. 12/26/81] (Auth: HRS §486-9) (Imp: HRS

§486-9)

§4-91-2 Violation. Any person omitting the required acts or committing the

proscribed acts, or who supplies or offers for sale a commodity which is not in full

compliance with the requirements of this chapter, shall be in violation of this chapter

and subject to the privisons of chapter 486, Hawaii Revised Statutes. [Eff. 12/26/81]

(Auth: HRS §486-9) (Imp: HRS §§486-9, 486-16, 486-30)

§4-91-3 Applicability. This chapter applies to the unit pricing of consumer

commodities offered for retail sale:

(1) As mandated by section 486-21, Hawaii Revised Statutes;

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(2) To packages of which the net measure is standardized by industry

practice or rule of the director;

(3) To packages of which the unit price is voluntarily displayed by the

retailer; and

(4) To the unit of measure to be employed in each program.

[Eff. 12/26/81] (Auth: HRS §486-9) (Imp: HRS §§486-9, 486-20, 486-21)

§4-91-4 Method of unit pricing. The commodities listed herein shall bear the

price per single unit of measure as prescribed:
Commodity Program Unit of Price

(1) Candy voluntary per pound or ounce

(2) Cereals voluntary per pound or ounce

(3) Cheese, natural and processed mandatory per pound

(4) Coffee, tea and cocoa voluntary per pound or ounce

(5) Cookies and crackers voluntary per pound or ounce

(6) Cooking oils and shortening voluntary per quart, fluid ounce,

pound, or ounce

(7) Deodorants, personal voluntary per ounce

(8) Dry detergents, soap powder voluntary per pound or ounce

and household

(9) Foil, film and other rolls of voluntary per fifty square feet

wrapping (except gift wrap)

(10) Fruits and vegetables mandatory per pound or

(Provided that any display individual unit

involving "per/each" as a unit

price, must contain only

produce of a given size and

grade, so as to facilitate

value comparison)

(11) Fruit and vegetable juices voluntary per quart or fluid

and drinks ounce

(12) Hair preparations voluntary per ounce

(13) Jams, jellies, preserves and voluntary per pound or ounce

peanut butter

(14) Liquid detergents, household voluntary per quart of fluid

cleaners and disinfectants ounce

(15) Liquid soups and condensed voluntary per pound or quart

liquid soups

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(16) Meat, poultry, and seafood mandatory per pound

(17) Pet food voluntary per pound

(18) Relishes and condiments voluntary per pound or ounce

(19) Rice voluntary per pound

(20) Salad dressing voluntary per quart of fluid

ounce

(21) Sanitary paper products voluntary per fifty square feet or,

if by count, per unit;

including ply

(22) Shaving preparations voluntary per ounce

(23) Soft drinks voluntary per quart or fluid

ounce

(24) Syrups, table and topping voluntary per pound or quart or

fluid ounce

(25) Toilet water and colognes voluntary per ounce

(26) Toothpaste voluntary per ounce

[Eff. 12/26/81] (Auth: HRS §486-9) (Imp: HRS §§486-9, 486-19, 486-21)

§4-91-5 Exemptions. Any commodity listed under §4-91-4 shall be exempt

when:

(1) Packaged in quantities of less than one ounce (avoirdupois or fluid);

or

(2) The total retail price is less than ten cents; or

(3) There is only one brand in only one size appearing in a particular

establishment.

[Eff. 12/26/81] (Auth: HRS §486-9) (Imp: HRS §§486-9, 486-19, 486-21)
§4-91-6 Pricing. The unit price information shall be displayed to at least the

nearest tenth of one cent when less than one dollar, and to the nearest cent when a

dollar or more. [Eff. 12/26/81] (Auth: HRS §486-9) (Imp: HRS §§486-9, 486-1l,

486-25)

§4-91-7 Presentation of price. (a) In any retail establishment in which unit

price information is provided in accordance with the provisions of this section, the

information may be displayed by means of:

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(1) A sign which offers the unit price for one or more brands or sizes of

a given commodity; or

(2) A sticker, stamp, sign, label, or tag, affixed to the shelf upon which

the commodity is displayed; and

(3) A sticker, stamp, sign, label, or tag, affixed to the consumer

commodity itself.

(b) If a single sign or tag does not provide the unit price information for more

than one brand or size of a given commodity, then the following information shall be

provided:

(1) The identity;

(2) The brand name;

(3) The quantity of the packaged commodity if more than one package

size per brand is displayed;

(4) The total sale price; and

(5) The price per appropriate unit, in accordance with §4-91-4.

(c) Where a sign providing unit price information for one or more sizes or

brands of a given commodity is used, the sign shall be located centrally as close as

practical to all items to which the sign refers, and the unit price information displayed

thereon shall be presented in a clear, distinct, and non-deceptive manner. [Eff.

12/26/81] (Auth: HRS §486-9) (Imp: HRS §§486-9, 486-21, 486-25)