Method of disclosure

(a) All retail establishments subject to these regulations shall disclose the price per measure to the consumer by the attachment of a tag or label of any of the following colors on the item itself, or on the shelf or at any other point of sale immediately below the item, or above the item, so as to be conspicuously visible to the consumer. The permissible colors for such tag or label are red, blue, green, orange, yellow, or brown. The color white may be used in conjunction with any of these other colors, but white lettering on clear plastic or cellophane wrappers may not be used. In the alternative, a retailer may disclose the price per measure to the consumer by means of an electronic device, referred to in subsection (f) of this section, which must be placed on the shelf or at any other point of sale immediately below the item, or above the item, so as to be conspicuously visible to the consumer. Such electronic device shall utilize blue color for the retail price and orange color for the unit price. (b) The tag, label or electronic device shall contain the following three elements: (i) The words "Unit Price" shall appear as a heading, with the unit price always appearing above, or to the left of, the then-selling price; (ii) The price per measure expressed in terms of dollars or cents as applicable, carried to three digits. If the price is over $1.00, it is to be expressed to the nearest full cents, provided that the said price is rounded off from .005 and over to the next higher cents; and if .004 or less cent, it be carried to three digits. Examples: "25.3 per pound; $1.67 per quart"; and (iii) The applicable unit of weight or measure or count. (c) The following additional information may appear on the tag, label or electronic device at the option of the individual retailer: (i) The description of the commodity being sold by item and size; (ii) In items such as paper products, the applicable "ply" count or thickness may be included; and (iii) Such logistical information which the retail establishment requires, such as order codes, number of rows, or shelf capacity. (d) If the consumer commodity is not conspicuously visible to the consumer or where the display space used for a particular consumer commodity is inadequate to set forth separate price legends, as required by these regulations, a list of the prices per measure shall be conspicuously posted at or near the point of sale or the point of display; or the price per measure may be stamped or affixed to the item itself. (e) The price per measure shall be displayed in type no smaller than that used for the retail price of the item, but in no event shall the price per measure appear in size less than pica type. When a retail food establishment employs display material at the point of sale and the retail price appears thereon in sizes larger than pica type, the unit price information required by these regulations shall conspicuously appear thereon and shall appear in size no less than pica type or 1/4 the size numerals used for the retail price, whichever is greater. (f) An electronic shelf labeling system which uses electronic devices to only display the unit price information required by subsections (b), (c), and (d) of this section may be utilized with the approval of the commissioner. In seeking the commissioner's approval, a retailer must send in a written request for such approval, along with a description of the proposed electronic shelf labeling system. In deciding whether to approve the electronic shelf labeling system, the commissioner's review shall include but not be limited to the overall appearance of the device and its capacity to transmit the unit pricing information to consumers. If a retailer utilizes an electronic shelf labeling system, such system must be constructed and affixed in such a manner so as to prevent alteration or movement of the electronic device or display information by consumers.