Budget Amendment ID: FY2014-S3-236-R1

Redraft ECO 236

Consumer Price Scanners

Messrs. Michael O. Moore, Rodrigues, Welch and Knapik moved that the proposed new text be amended by inserting after section 71 the following 2 sections:-

"SECTION 71A.  Subsection (b) of section 184D of chapter 94 of the General Laws, as  appearing in section 1 of chapter 138 of the acts of 2012, is hereby amended by striking out the third and fourth sentences and inserting in place thereof the following 3 sentences:-  “Notwithstanding the method for determining the amount of civil fines under section 29A of chapter 98, a civil citation may be issued for $200 for each violation, up to a maximum of $5,000 per inspection, for a food store or a food department utilizing a consumer price scanner system.  Notwithstanding the method for determining the amount of civil fines pursuant to said section 29A of said chapter 98, a civil citation may be issued for $100 per violation, up to a maximum of $2,500 per inspection, for a food store or food department utilizing an individual item pricing system.  For a food store or a food department utilizing a consumer price scanner system, if an item is advertised either in a food store, food department or in a circular as on sale or discounted because of a loyalty card price and the item registers at a higher price at the checkout counter than indicated by a sale or loyalty card price, a civil citation shall be issued for $300 for each violation, up to a maximum of $5,000 per inspection.

SECTION 71B.  Subsection (d) of section 184E of said chapter 94, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following 2 sentences:-  A food store or food department with more than 5,000 square feet but less than 20,000 square feet shall have at least 1 fully operational consumer price scanner capable of producing an individual item pricing tag, located at the front of the food store or food department.  A food store or food department with more than 20,000 square feet shall have at least 2 fully operational consumer price scanners capable of producing an individual item pricing tag, with at least 1 located at the front of the food store or food department.”