2025 -- H 5551

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LC001916

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO COMMERCIAL LAW--GENERAL REGULATORY PROVISIONS -- UNIT

PRICING

     Introduced By: Representatives Cotter, and Bennett

     Date Introduced: February 26, 2025

     Referred To: House Corporations

     (Lieutenant Governor)

It is enacted by the General Assembly as follows:

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

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

     6-31-1. Definitions.

     As used in this chapter:

     (1) “Consumer commodity” means any food, drug, device, or cosmetic and other article,

product, or commodity of any other kind or class, except for drugs sold only by prescription, that:

     (i) Are customarily produced for sale to retail sales agencies or instrumentalities for

consumption by individuals; for use by individuals for purposes of personal care; or in the

performance of services ordinarily rendered in or around the household; and

     (ii) Usually are consumed or expended in the course of the consumption or use.

     (2) “Director” means the director of business regulation.

     (3) “Retail price” means the price at which the consumer commodity is sold to the ultimate

customer.

     (4) “Sale at Retail” means sale of a consumer commodity to the ultimate customer.

     (5) “Total price” of a consumer commodity means the full purchase price of a consumer

commodity without regard to units of weight, measure, or count.

     (6) “Ultimate customer” is a person who purchases a product other than for resale.

     (7) “Unit price” of a consumer commodity means the retail price of a consumer commodity

expressed in terms of the retail price of the commodity per the unit of weight, measure, or count,

as the director designates, computed to the nearest whole cent or fraction thereof as the director

designates.

     (8) “Electronic shelving label” means any remote-controlled digital display used to indicate

the retail, unit, and/or total price to the ultimate consumer.

     6-31-3. Means of disclosure.

     (a) Persons subject to the requirements of § 6-31-2 shall disclose the unit price and total

price to consumers in one or more of the following appropriate ways:

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

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

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

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

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

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

on the commodity itself; provided, however, that upon each commodity shall be stamped or affixed

the total price of the commodity in arabic numerals if and when a computerized system is used; and

provided, further, that an electronic shelving label alone shall not satisfy the provisions of this

subsection; or

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

     (b) If any portion of this section is found by a court of competent jurisdiction to be

unlawful, such finding shall not affect any other portion of this section not specifically so found.

     SECTION 2. This act shall take effect upon passage.

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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 provide that an electronic shelving label by itself would not satisfy the

disclosure and display requirements for unit pricing by way of the attachment of a stamp, tag or

label to the commodity.

     This act would take effect upon passage.

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LC001916

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