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Connecticut Food Association 195 Farmington Avenue, Suite 200 Farmington, CT 06032 Phone: 860-677-8097 Fax: 860-677-8418 Unsolicited faxes not accepted e-mail us

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Additional Option for Exemption from
Individually Pricing Consumer Commodities
Date: September 15, 2006

To: All Interested Parties

From: Frank Greene, Director
Division of Food & Standards

RE: Additional Option for Exemption from Individually Pricing Consumer Commodities

As a result of legislative action there is a new option open to retail stores that must comply with statutes relating to individually price marking of consumer commodities. This option may be of interest to those retailers who either currently price mark or use an Electronic Shelf Label (ESL) pricing system in lieu of price marking. Applicants for this new option must meet the following criteria:

• Fill out an application form (see attached) and submit with the appropriate fee made payable to "Treasurer, State of Connecticut." The fee amount is dependent on facility size:
  * $250.00, if the premises consists of less than twenty thousand (20,000) square feet of retail
     space; or
  * $500.00, if the premises consists of or is greater than twenty thousand (20,000) square feet
      of retail space for each location.
• For each location for which an exemption from individually pricing of each consumer commodity is sought, the retailer must demonstrate to the satisfaction of the commissioner that the retailer has achieved price scanner accuracy of at least ninety-eight (98) per cent, as determined by the latest version of the National Institute of Standards and Technology (NIST) Handbook 130, "Examination Procedures for Price Verification, as adopted by The National Conference on Weights and Measures," copies of which are available online at www.nist.gov (click on the “Weights and measures” hyperlink under NIST products and services).
• The retailer must make available a consumer price test scanner approved by the commissioner and located prominently in an easily accessible location for each twelve thousand (12,000) square feet of retail floor space, or fraction thereof.
• Initial price accuracy inspections resulting in less than ninety-eight (98) per cent price scanner accuracy are reinspected once without penalty and the retailer pays a $200.00 reinspection fee. Normal enforcement action is taken if the retailer fails the second inspection.

In addition, a conspicuous sign shall adequately disclose to the consumer that in the event the electronic price is higher than the posted retail price, one item of such consumer commodity up to a value of $20.00 shall be given to the customer at no cost. Credit up to $20.00 shall be provided for items of higher value. This is different from the current law that limits the free item to those that were advertised in a circular.

The law also includes an exemption from item pricing or electronic shelf labeling on end caps, provided any information that would have been available to a consumer is clearly and conspicuously posted on or adjacent to such end cap.

Questions about the program and application can be directed to the Division of Food & Standards at (860)713-6160. The application will also be online at www.ct.gov/dcp.