Definitions

Advertised Price means the price of an item published or disclosed in any circular, newspaper, magazine, television or radio commercial, or in any other medium, or any published correction thereof. Automated Checkout System means a cash register, computer terminal, or other device capable of determining the price of an item from the item's code after searching the electronic price database and printing an itemized sales receipt for a customer. Card Price means the price a loyalty card holder will be charged if different from the non-card price. Checkout Price means the price of an item to be charged to the consumer whether purchased or not as listed on an automated checkout system display or an itemized sales receipt. Clear and Conspicuous means that the matter being disclosed is of such size and color contrast and so placed as to be legible and readily noticed by the purchaser or prospective purchaser. Code means an identifier of an item including, without limitation, symbols, letters, numbers, bars or combinations thereof. Consumer Price Scanner means an electronic scanner provided for consumer use that is capable of reading an item's code and displaying a description of the item and its correct price after searching the electronic price database. Correct Price means the advertised price in any circular, newspaper, magazine, television or radio commercial, or in any other medium, or any published correction thereof. If an item is not advertised, the correct price shall be the lowest display price indicated on any store sign for the item, but not if the checkout price is lower. If an item has no display price, the correct price shall be the price of the item on its unit price label, but not if such item is rung up at a lower price. If no unit price label is displayed the correct price shall be the price rung up by the food store's or a food department's automated checkout system. If the foregoing provisions for establishing the correct price are not determinative in a particular situation, the correct price shall be the price on the seller's current price list. Director or Deputy Director means the deputy director of the division of standards established pursuant to M.G.L. c. 24A, § 5, or the director's designee, including an inspector, a sealer, or a deputy as defined in M.G.L. c. 98, § 1. Discount means a percentage off or a special price reflected in the checkout price and indicated on the itemized sales receipt. Display Price means the price on a sign or label affixed to a display, table, shelf or other surface upon which the unit is placed. Division means the Division of Standards established pursuant to M.G.L. c. 24A, § 5. Dual Pricing System means a separate pricing system that allows for one correct price for non-loyalty cardholders and one correct price for loyalty card holders. Food means anything edible. Food Department means any seller, other than a warehouse club or a food store, with any grocery item section, area, or display and which sells 100 or more different food items for consumption off the seller's premises at least in part to individuals for their own personal, family, or household use; provided, however, that any food section which is within a larger business and is the functional equivalent of a food store with its own separate checkout, may be deemed a food store by the Division of Standards. Food Store means any store, shop, supermarket, grocer, convenience store, or other seller, whose primary business is selling either food for consumption off the seller's premises alone or in combination with grocery items or other nondurable items typically found in a supermarket, and such items are sold at least in part to individuals for their own personal, family, or household use. A food store shall not include a warehouse club. Grocery Item means any food, pet food or supply, soap, household cleaner of any type, laundry product, light bulbs, or disposable paper or plastic products. Immediate or Immediately as used in 202 CMR 7.00, means as soon as is practicable, but in no event more than two hours after notification. Individual Item means one of an item, to be used interchangeably with unit. Item means a specific and distinct product, good or commodity available for sale having a different universal product code or SKU for other items so coded, and for items not so coded, an item having any distinguishing characteristics compared to another item. Itemized Sales Receipt means a printed and dated sales receipt, or at the option of the consumer, if available, an electronically delivered sales receipt listing, at a minimum, the price charged to the consumer for each item and the quantity sold. Loyalty Card means a card or other device issued that confers certain benefits to cardholders, including discount prices upon presentation of the card. A loyalty card shall not include membership cards issued by warehouse retailers. For purposes of price signs for dual pricing, a loyalty card shall not include a store card which provides the consumer with an overall discount on an entire order of goods. Price List means an easily referenced list that indicates the code, the description and the current correct price of each item excluded under M.G.L. c. 94, § 184C(e). (Note change from reference in statute to M.G.L. c. 94, § 184C(c)). Scanner Price means the price of an item as displayed on a consumer price scanner. Seasonal Employment means services performed for wages for a seasonal employer during the seasonal period in the employer's seasonal operations, after the effective date of a seasonal determination with respect to a seasonal employer. SKU means the stock-keeping unit, number or code used to identify each unique product or item for sale in a food store or food department. Sticker Price means the price on a sticker, ticket, tag or other label affixed to an individual item. Warehouse Club means a retail store in which customers pay annual membership fees in order to purchase items at member-only prices.