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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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Item Pricing Exemptions

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Effective October 1, 2006, supermarkets have an alternative method of pricing available:

The retailer must apply and be approved for an exemption from item pricing by the CT Department of Consumer Protection;
The retailer must demonstrate to the satisfaction of the commissioner that it has achieved 98% price scanner accuracy, as determined by the latest version of the National Institute of Standards and Technology Handbook 130 (Examination Procedures for Price Verification);
The retailer must pay a $250 application fee for premises with under 20,000 square feet of retail space and $500 for premises with 20,000 square feet and over;
The retailer must make available one consumer price test scanner that has been approved by the commissioner per 12,000 square feet of retail space, located prominently in an easily accessible location; and
The retailer will be required to pay a $200 re-inspection fee if a price accuracy inspection results in less than 98% price scanner accuracy.

Other changes to be aware of:
There is a new requirement that requires retailers to provide one item of a consumer commodity, up to a value of $20, at no charge to the consumer if the electronic price is higher than the posted price. This is different from previous law that limited 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.

Item Pricing Exemption Details | Application for Registration of Item Pricing Exemption

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The following consumer commodities need not be individually marked with the retail price:

1. Canned cat food
2. Milk
3. Powdered gelatin and pudding desserts
4. Canned tuna fish
5. Fresh shell eggs
6. Ice cream in one half gallon, quart, and pint sizes
7. Frozen concentrate juices and fruit drinks
8. Toilet tissue packaged in single rolls
9. Baby food packaged in glass jars
10. Individually packed candy and chewing gum offered for sale at cash register/checkout locations
11. Salad dressings, in either bottles or packets
12. Refrigerated yogurt in 8 oz. sizes or less, sold individually or in packs

In addition, soda and beer (packaged to a maximum of 24 units) are exempted from item pricing.

A 3” x 5” sign must be conspicuously placed adjacent to the display of each exempted consumer commodity, at a frequency of every six linear feet of display, or fractional part thereof. The sign must contain a statement that the consumer commodity has been exempted from the individual pricing requirement, and that in the event that an exempted consumer commodity registers at the cash register at a price higher than the stated retail price, one item of such exempted consumer commodity shall given to the consumer at no cost. The sign should not contain any additional text including, but not limited to, store or promotional slogans, names, or advertising. See below for example:

POWDERED GELATIN AND PUDDING DESSERT MIXES
as a commodity, has been exempted from retail item pricing. In the event an item of this commodity registers at the checkout terminal at a retail price higher than the stated retail price, you will receive one of that item free.

In addition, there must be a second conspicuous sign posted at each register/checkout terminal informing consumers of the opportunity to receive one item at no cost. The sign must be at least 6” x 9” and must not contain any additional text including, but not limited to, store or promotional slogans, names, or advertising. Alternatively, the retailer may display a conspicuous sign at least 22” x 28” at each public entrance within the store. The sign shall read as follows:

In the event that a consumer commodity, in either
of the following categories, scans at an
incorrect higher price, you will be given one item
of that consumer commodity free of charge.

1) Connecticut law provides that certain commodities need not be individually marked with their retail prices. You will see signs in the aisles next to each of these items identifying them as belonging to this special group of consumer commodities.
2) Connecticut law provides that consumer commodities on sales in our printed circular need not be marked with their sale prices. You will see signs in the aisles where each of these items are displayed stating that they will scan at their advertised sales prices.

Exception:

• Items in a market do not have to be individually priced if electronic shelf tags are in place. The shelf labels must have the same computer database as the cash registers.

Unit Pricing
All stores must Unit Price.

Exceptions:

• Single store operator; or
• Stores 3,500 square feet and under.

NOTE: Even though the above stores are exempted from unit pricing, they must still Item Price!