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General Laws

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.

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