Exemptions

The following packaged commodities need not comply with the requirements of 202 CMR 5.00: (1) Medicine sold by prescription only: (2) Beverages subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act. (3) Such packaged commodities which are required to be marked individually with the cost per unit of weight under the provisions of M.G.L. c. 94, § 181. (4) Commodities packaged in quantities of less than 28 g (1 oz) or 29 mL (1 fl. oz) or when the total retail price is $.50 or less; (5) When only one brand and in only one size of the packaged commodity is offered for sale in a particular retail store; (6) Infant formula. Unit price information may be based on the reconstituted volume. "Infant formula" means a food that is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or suitability as a complete or partial substitute for human milk. (7) Packaged commodities intended for retail sale containing two or more individual packages or units of dissimilar commodities; 5.03: continued (8) Packaged commodities intended for retail sale containing two or more individual packages or units of similar, but not identical, commodities specificallyitems that are genericallythe same, but that differ in weight, measure, volume, appearance, or quality, are considered similar, but not identical. (9) The retail store shall not be required to comply with the provisions of 202 CMR 5.00 where the packaged commodity carries the current item price and unit price displayed on its package.