2003 -- S 0026

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LC00169

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

UNIT PRICING

     Introduced By: Senators Tassoni, Lanzi, Ciccone, and Ruggerio

     Date Introduced: January 14, 2003

     Referred To: Senate Commerce, Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 6-31-3, 6-31-5 and 6-31-6 of the General Laws in Chapter 6-31

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entitled "Unit Pricing" are hereby amended to read as follows:

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     6-31-3. Means of disclosure. – (a) Persons subject to the requirements of section 6-31-2

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shall disclose the unit price and total price to consumers in one or more of the following

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appropriate ways three (3) ways, and shall disclose the total price in the manner specified in

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subsection (b):

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      (1) If the consumer commodity is so located that it is not conspicuously visible to the

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consumer, or if the consumer commodity is so located that the price information, if displayed in

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accordance with subdivision (2), would not be conspicuously visible to the consumer, by a sign or

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list bearing the price information conspicuously placed near the point of procurement; or

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      (2) By attachment of a stamp, tag, or label directly adjacent to the consumer commodity,

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on the shelf on which the commodity is displayed, or by stamping or affixing the price

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information on the commodity itself; provided however, that upon each commodity shall be

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stamped or affixed the total price of the commodity in arabic numerals, if and when a

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computerized system is used; or any such tag or label on the shelf shall include the total price; or

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      (3) In accord with regulations promulgated by the director.

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     (b) All consumer commodities offered for sale shall have the correct price, including any

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advertised sale price, affixed to each individual unit of such commodity by means of a price

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sticker, price mark, or price tag.

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     6-31-5. Director's powers. -- (a) The director shall do all of the following:

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      (1) Designate by regulation those consumer commodities in addition to the consumer

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commodities specifically enumerated in section 6-31-2(a) as to which display of the unit price

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shall be required, upon a determination that the display will be in the best interest of consumers;

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      (2) Designate by regulation the unit of weight, measure, or count in terms of which the

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unit price of each consumer commodity shall be expressed, provided that no designated unit shall

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be such as to require persons subject to the provisions of section 6-31-2(a) to measure any

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consumer commodity solely for the purpose of complying with section 6-31-2(a);

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      (3) Designate by regulation whether the unit price of each consumer commodity subject

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to the provisions of section 6-31-2(a) shall be expressed to the nearest whole cent or to an

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appropriate fraction thereof;

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      (4) Exempt by regulation classes of retail establishments from any or all requirements of

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this chapter upon a determination that because sales of consumer commodities regulated by this

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chapter are purely incidental to the business of the classes of retail establishments, compliance

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with this chapter is impracticable and unnecessary for adequate protection of consumers;

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provided, however, that any person, firm, corporation, or other business entity with less than eight

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(8) full time employees shall be exempt from the provisions of this chapter;

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      (5) Prescribe by regulation means for the disclosure of price information upon

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determination that they are more effective than those prescribed in section 6-31-3; and

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      (6) Promulgate any other regulation necessary to effectuate the provisions of this chapter

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in accordance with the best interests of consumers.

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      (b) The director shall give public notice of his or her intention to promulgate regulations

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pursuant to subsection (a) and shall receive the opinions of interested parties on the regulations.

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Regulations shall take effect thirty (30) days from the date on which the notice is given.

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      (c) The director shall hold hearings whenever he or she has probable cause to believe, or

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whenever twenty-five (25) or more citizens state one (1) citizen states in writing to the director

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their belief that the actions of any person subject to the provisions of this chapter have evidenced

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a pattern of noncompliance with any or all of those provisions. Pursuant to the hearings, to which

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the suspected violator shall be invited with written notice at least ten (10) days before the hearing

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is held, the director shall, upon a finding that a pattern of noncompliance has been shown:

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      (1) Issue a warning citation; or

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      (2) Report any pattern of noncompliance to the attorney general who shall cause

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appropriate proceedings to be instituted in the proper courts.

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     6-31-6. Penalties. Inspections and fines. -- Any person whose actions evince a pattern

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of noncompliance with any or all provisions of this chapter shall be punishable by imprisonment

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for a term not exceeding six (6) months or by a fine of not more than five hundred dollars ($500),

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or by a fine only of not more than five hundred dollars ($500). Any representative authorized by

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the director may conduct inspections at any time and shall issue notices of violations to any

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person whose actions are in any violation of this chapter. The director may issue an

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administrative fine of one hundred dollars ($100) per violation up to a maximum of two thousand

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five hundred dollars ($2,500) per location – per week. For purposes of this section each item

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which scans erroneously shall constitute a separate civil violation. The seller shall immediately

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correct all violations. Violations of the provisions of this section for which fines shall be levied

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shall include: having no price marked on any unit that is required to be priced and is not

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exempted; having an incorrect price on any unit; having an incorrect or missing sign; or

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overcharging on any unit. A unit shall be deemed to be overcharged once it is rung up at a price

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higher than any represented price. In the case of any verified consumer complaint, fines for

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overcharging shall be limited to one violation per item. A fine shall be issued without allowance

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for tolerance upon verification of any consumer complaint alleging overcharging or improper

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price marking except for those units where the seller gave the consumer the units tendered for

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purchase free under a qualified price. Uncontested fines levied under this chapter shall be paid

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within thirty (30) days of issuance of the notice of violation. Any aggrieved seller may appeal

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any unjustified fines to the attorney general if such appeal is filed within thirty (30) days of

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issuance of the notice of violation. If the grounds for appeal are determined to be without

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reasonable basis, the fine shall be doubled.

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     SECTION 2. This act shall take effect upon passage.

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LC00169

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

UNIT PRICING

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     This act would require all consumer commodities offered for sale to have the correct

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price including any advertised sale price offered to the individual unit and would authorize the

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attorney general to conduct inspections and assess fines for violations of pricing laws.

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     This act would take effect upon passage.

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LC00169

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