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NY A00057
Bill
Status
1/5/2011
Primary Sponsor
Kevin Cahill
Click for details
AI Summary
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Requires retail stores to mark individual prices on stock keeping units (food, paper products, cleaning supplies, health/beauty aids) unless granted a waiver, with exemptions for milk, eggs, produce, bulk foods, vending machine items, and certain small/snack items.
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Allows stores using computer-assisted checkout systems to apply for a one-year waiver from item pricing if scanner accuracy inspections show violation rates of 2% or less, with a processing fee not exceeding $1,000.
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Establishes price accuracy requirement that stores cannot charge more than the lowest of item, shelf, sale, or advertised prices for any product.
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Provides consumers with "super-refund" rights when overcharged, entitling them to the overcharged item free plus 10 times the overcharge amount (minimum $1, maximum $10) within one hour of notifying the store.
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Sets penalty structure for violations: $50-$150 per violation for item pricing failures (up to $5,000 per inspection) and $50-$300 per violation for price accuracy violations, with penalties doubled for repeat violations within 12 months.
Legislative Description
Establishes a permanent state item pricing law; provides that such item pricing shall apply to food, certain paper products, certain cleaning products, and certain health and beauty aids; provides for the enforcement of item pricing by the department of agriculture and markets and by municipal directors of consumer affairs or weights and measures; provides for monetary penalties for violations; further permits a super-refund on certain items; and permits localities to enforce local laws which are more stringent than state standards.
Last Action
referred to consumer affairs and protection
1/5/2011