Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 7.00 - Price Disclosure › Section 7.06 - Consumer Price Scanner System Pricing Disclosures

Current through Register 1525, July 5, 2024
(1) A food store or food department that implements a consumer price scanner system shall have the code of an item affixed to each individual unit by means of a sticker, ticket, tag or other label that can be read by the consumer price scanner and automated checkout system, to display the correct price;
(2) All prices represented to the consumer for the same item shall be consistent with each other and the correct price;
(3) The item's code, its description and its correct price must be clearly and conspicuously posted in close proximity to the item(s) offered for sale, with the correct display price shelf tag not less than one inch high. The item's description shall be unabbreviated unless, in locations where shelf space is limited for that particular item, a shortened, comprehensible version to be substituted by the seller is readily understandable by the average shopper; and
(4) The numbers indicating the price of the item on the shelf tag shall be at least ½" high.
(5) A food store or food department that implements a consumer price scanner system and utilizes loyalty cards or otherwise maintains a dual pricing system shall post a sign at the point of display that includes both the loyalty card price and the non-loyalty card price, each such display price shelf tag not less than one inch high, so labeled if they differ, as well as the savings per unit, listed either as an amount or as the percentage of savings per unit; and
(6) The numbers indicating the price(s) of the item on the shelf tag shall be at least ½" high.
(7)
Exemptions From Price Display
. Upon a determination by the Division that:
(a) A clear and conspicuous sign disclosing the item's SKU or code, unabbreviated description or the shortened, comprehensive version described in 202 CMR 7.06(3), and the correct price, which display price shelf tag is not less than one inch high, is posted in close proximity to the item(s) offered for sale;
(b) The numbers indicating the price of the item on the shelf tag are at least ½" high;
(c) The cashier can readily discern the item's correct price;
(d) The food store or food department maintains an itemized list for all exempted items; and
(e) The list is available at each checkout, or, in the alternative, is available either in written format or electronically at one or more customer-accessible locations at the food store or food department's service desk and a sign is conspicuously posted at eye level and above eye level identifying the location of the price list, the food store or food department may exempt the following items from displaying the correct price at its consumer price scanners:
1. Unpackaged and uncoded items to which a price sticker cannot reasonably be affixed; and
2. Loose produce with SKU numbers.
(f) Prior to their display, the Director of Standards must approve any deviation from the requirement of clear and conspicuous signs disclosing an item's unabbreviated description and its correct price not less than ½ inch high. The Director will render a decision within four weeks of receipt of the label or alternative method of display. This exemption shall apply solely to the use of an understandable abbreviation of item description or price size in locations where shelf space devoted to the item is limited, such as in spice display locations. In reaching a decision, the Director of Standards shall take into consideration the prominence of the price segment of the label, the boldness and size of the characters, and the overall design of the label.