Waiver

(1) Each food store or food department seeking to convert from an individual item pricing system to a consumer price scanner system shall seek a waiver from the Division, on a form to be provided by the Division. (2) The waiver shall be granted, provided that the food store or food department has no outstanding fines under M.G.L. c. 94, §§ 184B through 184D or M.G.L. c. 98, § 56D, and pays the required fee to the Division, which shall be: (a) $250 annually if the retail grocery item sales space is less than 15,000 square feet; (b) $500 annually if the retail grocery item sales space is greater than or equal to 15,000 square feet but less than 30,000 square feet; or (c) $1,000 annually if the retail grocery item sales space is 30,000 square feet or more. (3) The food store or food department completes and files with its application a "no job loss" affidavit, which shall include: (a) The number of people employed in the food store or food department at the time of the application process; (b) The terms of a complaint process available through the food store or food department to ensure that full and part-time employees do not suffer any wage or benefit loss due to the transfer from an individual item pricing system to a consumer price scanner system. (4) The food store or food department includes with its application additional information required by the Division, including a schematic map of proposed locations for consumer price scanners throughout the food store or food department. (5) Any food store or food department with more than 5,000 square feet of retail grocery item sales space that converts from an individual item pricing system to a consumer price scanner system shall within three months of such conversion hire or maintain not less than two employees whose responsibilities shall include the maintenance of all consumer price scanners within the food store or food department. Such maintenance shall include: (a) At a minimum, daily checks of each consumer price scanner in the food store or food department to ensure that each such scanner is plugged in and operating correctly, including conducting a test scan of at least one item for each scanner to ensure that the scanner is operational; (b) Maintaining data log entries to record any and all repair requests for out-of-order scanners; (c) Placing signs on out-of-order scanners until they have been repaired, that include information re-directing consumers to the nearest operational scanner; (d) Replenishing as needed materials used to provide individual pricing tags and the materials providing the means of affixing or attaching scanner-produced pricing information for printing scanners; (e) Ensuring that inoperable or malfunctioning scanners are repaired or replaced within 72 hours of notification of malfunction or inoperability; (f) Ensuring that shelf tags for merchandise are current and correct; (g) Maintaining data log entries for price discrepancies as outlined in 202 CMR 7.07(6).