SECTION 1. Section 184B of chapter 94 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the eighth paragraph and inserting in place thereof the following paragraph:

“Food department”, any seller other than a food store or warehouse club 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, other than a warehouse club, and is the functional equivalent of a supermarket with its own separate checkout, may be deemed a food store by the director of standards. 

SECTION 2.  Section 184B of said Chapter 94, as so appearing, is hereby further amended by striking out the ninth paragraph and inserting in place thereof the following paragraph:

“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 for their own personal, family, or household use. For purposes of this section and sections 184C to 184E, a warehouse club shall not be considered a food store.

SECTION 3.  Section 184B of said Chapter 94, as so appearing, is hereby further amended by adding the following  final paragraph:

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