[ Text of section effective until January 1, 2013. For text effective January 1, 2013, see below.]

  Section 184B. For purposes of this section and sections 184C to 184E, inclusive, the following words shall have the following meanings:--

  "Automatic checkout system'', a cash register, computer, terminal, or other device capable of interpreting the universal product code, or any other code which is on an item offered for sale used to determine the price of the item being purchased, regardless of whether the code entry is accomplished manually, or automatically by a machine.

  "Coded'', any symbol, letter, number or combination thereof other than the price itself which is stored in and interpretable by the seller's automatic checkout system.

  "Correct price'', the advertised price in any circular, newspaper, magazine, television or radio commercial, or in any other medium, or any published correction thereof. If an item is not advertised, the correct price shall be the lowest price indicated on any store sign for the item, but not if such item is rung up at a lower price. If no sign is displayed, the correct price shall be the price of the item on its displayed unit price label, but not if such item is rung up at a lower price. If no unit price label is displayed, the correct price shall be the price rung up by the food store's or food department's automatic checkout system. If the foregoing provisions for establishing the correct price are not determinative in a particular situation, the correct price shall be the price on the seller's current price list.

  "Display'', two or more units of an item located together. A display shall be deemed to be checked after the correct price is ascertained and one or more units are removed from the display and examined for accurate price markings.

  "End-aisle display'', a display of a specific item consisting of at least fifty units, not including units in closed cartons or otherwise inaccessible to the consumer which is located in a freestanding display or at the end of, or adjacent to, a shelved tier of groceries or other items.

  "Food'', anything edible.

  "Food department'', any seller other than a food store with any grocery item section, area, or display and which sells ten or more different food items for consumption off the seller's premises at least in part to individuals for their own personal, family, or household use; provided, however, that any food section which is within a larger business and is the functional equivalent of a supermarket with its own separate checkout, may be deemed a food store by the director of standards.

  "Food store'', any store, shop, supermarket, grocer, convenience store, warehouse-type seller, club, outlet, or other seller, whose primary business is selling either food for consumption off the seller's premises alone or in combination with grocery items or other nondurable items typically found in a supermarket, and such items are sold at least in part to individuals for their own personal, family, or household use.

  "Grocery items'', any food, pet food or supply, soap, household cleaner of any type, laundry product, light bulbs, or disposable paper or plastic products.

  "Gross error'', a price which is less than half the price stated by the seller as the actual selling price, and which was never intended as the selling price at any time during the previous thirty day period.

  "Item'', a specific and distinct product, good or commodity. One item is differentiated from another by having a different universal product code for items so coded; and for items not so coded, the item has any distinguishing characteristics compared to another item.

  "Represented price'', any price represented to a consumer as the actual selling price including the price on any sign, price tag, unit price label, advertisement, item, or cash register display.

  "Rung up'', the price on a cash register or terminal sales slip or display which indicates the price the consumer will be charged for each item; provided, however, that such price is not the result of a keypunching error by the cashier or inspector.

  "Unit'', a single piece of an item, such as one can, package, bag, or multipack.

Chapter 94: Section 184B. Definitions applicable to Secs. 184B to 184E

[ Text of section as amended by 2012, 138, Sec. 1 effective January 1, 2013. See 2012, 138, Sec. 4. For text effective until January 1, 2013, see above.]

  Section 184B. As used in sections 184B to 184E, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:--

  "Advertised price'', the price of an item published or disclosed in any circular, newspaper, magazine, television or radio commercial or in any other medium or any published correction thereof.

  "Automated checkout system'', a cash register, computer terminal or other device capable of determining the price of an item from the item's code after searching the electronic price database and printing an itemized sales receipt for a consumer.

  "Card price'', the price a loyalty card holder will be charged if different from the non-card price.

  "Checkout price'', the price of an item to be charged to the consumer whether purchased or not as listed on an automated checkout system display or on an itemized sales receipt.

  "Code'', an identifier of an item including, without limitation, symbols, letters, numbers, bars or combinations thereof.

  "Consumer price scanner'', an electronic scanner provided for consumer use that is capable of reading an item's code and displaying a description of the item and its correct price after searching the electronic price database.

  "Correct price'', the advertised price in any circular, newspaper, magazine, television or radio commercial, or in any other medium, or any published correction thereof. If an item is not advertised, the correct price shall be the lowest display price indicated on any store sign for the item, but not if the checkout price is lower. If an item has no display price, the correct price shall be the price of the item on its unit price label, but not if such item is rung up at a lower price. If no unit price label is displayed, the correct price shall be the price rung up by the food store's or a food department's automated checkout system. If the foregoing provisions for establishing the correct price are not determinative in a particular situation, the correct price shall be the price on the seller's current price list.

  "Director or deputy director'', the deputy director of the division of standards established pursuant to section 5 of chapter 24A or the director's designee including an inspector, a sealer or a deputy as defined in section 1 of chapter 98.

  "Discount'', a percentage reduction or special price reflected in the checkout price and indicated on the itemized sales receipt.

  "Display price'', the price on a sign or label affixed to a display, table, shelf or other means of presentation upon which the unit is placed.

  "Division'', the division of standards established pursuant to section 5 of chapter 24A.

  "Dual pricing system'', a separate pricing system that allows for 1 correct price for non-loyalty cardholders and 1 correct price for loyalty card holders.

  "Food'', anything edible.

  "Food department'', any seller, other than a warehouse club or a food store, with any grocery item section, area or display which sells 100 or more different food items for consumption off the seller's premises, at least in part to, individuals for personal, family or household use; provided, however, that any food section that is within a larger business and is the functional equivalent of a food store with its own separate checkout, may be deemed a food store by the director of standards.

  "Food store'', any store, shop, supermarket, grocer, convenience store or other seller, whose primary business is selling either food for consumption off the seller's premises alone or in combination with grocery items or other nondurable items typically found in a supermarket, and such items are sold at least in part to individuals own personal, family or household use; provided, however that "food store'' shall not include a warehouse club.

  "Grocery item'', any food, pet food or supply, soap, household cleaner of any type, laundry product, light bulbs or disposable paper or plastic products.

  "Individual item'' or "unit'', one of an item.

  "Item'', a specific and distinct product, good or commodity available for sale having a different universal product code or SKU for other items so coded; provided, that for items not so coded, an item having any distinguishing characteristics compared to another item.

  "Itemized sales receipt'', a printed and dated sales receipt listing, at a minimum, the price charged to the consumer for each item and the quantity sold.

  "Loyalty card'', a card or other device issued that confers certain benefits to cardholders, including discount prices upon presentation of the card; provided, however, that "loyalty card'' shall not include membership cards issued by warehouse retailers.

  "Price list'', an easily referenced list that indicates the code, the description and the current correct price of each item excluded under subsection (c) of section 184C.

  "Scanner price'', the price of an item as displayed on a consumer price scanner.

  "Seasonal employment'', services performed for wages for a seasonal employer during the seasonal period in the employer's seasonal operations, after the effective date of a seasonal determination with respect to the seasonal employer.

  "SKU'', the stock-keeping unit, number or code used to identify each unique product or item for sale in a food store or food department.

  "Sticker price'', the price on a sticker, ticket, tag or other label affixed to an individual item.

  "Warehouse club'', a retail store in which customers pay annual membership fees in order to purchase items at member-only prices.