Applicability

(1) 202 CMR 5.02 shall apply to retail stores that offer packaged commodities for sale. (2) The unit price and item price of a package commodity must be disclosed on all price labels, except window signs, and must meet the requirements of 202 CMR 5.04. Nothing in 202 CMR 5.02 shall prevent a retail store from including other information on a price label provided that all required information is displayed prominently. Retail stores are strongly encouraged to include design elements on price labels to increase accessibilityfor visuallyimpaired consumers, such as Quick Response ("QR") codes or other similar additions. (3) If the packaged commodity is displayed on a shelf or hanging display, the price label shall appear on a shelf tag directly below or immediately adjacent to one or more of the packaged commodities displayed for sale or shall be attached directly to the packaged commodity. If it is physically impossible to meet the foregoing requirement, the unit price may appear on a price sign or list that is displayed as close as practicable to the packaged commodity. (4) In the event a store elects to utilize electronic shelf labels to meet the requirements of 202 CMR 5.00such automatic shelf labels mayonlybe automatically updated during such period in which the retail store is closed to consumers for not less than five consecutive hours; in the event a retail store is open to consumers for between 19 and 24 hours per day, inclusive, such electronic shelf labels may only be automatically updated between the hours of 1:00 A.M. and 3:00 A.M. (5) If the packaged commodity is displayed in an electronic format, such as on a website or mobile application, the item price and unit price shall be prominently displayed on the same screen as the packaged commodity. (6) If a packaged commodity is displayed in an enclosed heated or refrigerated case, the price label shall be affixed to the case, to a shelf edge, or to the packaged commodity. If it is physically impossible to meet the foregoing requirement, the unit price may appear on a price sign or list that is displayed as close as practical to the packaged commodity.