§ 21a-79 — (Formerly Sec. 19-210j). Universal product coding. Electronic shelf labeling. Electronic pricing. Marking of retail price. Electronic price higher than posted price for consumer commodity. Coupons. Exemptions. Regulations. Penalties.

Connecticut § 21a-79

• Jurisdiction: Connecticut
• Title 21a: Consumer Protection
• Ch. 417: General Provisions. Pure Food and Drugs

Text

(a) For the purposes of this section: (1) “Alcoholic liquor” has the same meaning as provided in section 30-1 ; (2) “Carbonated soft drink container” means an individual, separate sealed glass, metal or plastic bottle, can, carton or jar containing a carbonated liquid soft drink that is sold separately or in packages of not more than twenty-four individual containers; (3) “Consumer commodity” has the same meaning as provided in section 21a-73 , except that “consumer commodity” does not include alcoholic liquor or a carbonated soft drink container; (4) “Electronic pricing system” means a system that utilizes, by means of a scanner, universal product coding bar codes in combination with a cash register to record and total a consumer's purchases; (5) “Electronic shelf labeling system” means an electronic system that utilizes an electronic device which (A) is attached to a shelf, or at any other point of sale, immediately above or below an item, (B) clearly and conspicuously displays to consumers the price and unit price of a consumer commodity, and (C) reads the same data as an electronic cash register scanning system; (6) “End cap display” means a location in a retail sales area that is at the immediate end of an aisle; (7) “Unit of a consumer commodity” has the same meaning as provided in section 21a-73 ; and (8) “Universal product coding” means any system of coding that entails electronic pricing. (b) (1) (A) Any person that uses universal product coding to total a retail consumer's purchases shall mark, or cause to be marked, each consumer commodity that bears a universal product code with such consumer commodity's retail price. (B) Any person that uses an electronic pricing system to total a retail consumer's purchases shall provide to such consumer an item-by-item digital display, plainly visible to such consumer as each universal product code is scanned, of the price of each carbonated soft drink container or consumer commodity, or both, which such consumer has selected for purchase before such person accepts payment from such consumer for such carbonated soft drink container or consumer commodity, or both. The provisions of this subparagraph shall not be construed to apply to any person that is operating in a retail sales area of not more than ten thousand square feet. (2) The provisions of subparagraph (A) of subdivision (1) of this subsection shall not apply if (A) the Commissioner of Consumer Protection, by regulation, allows for the use of electronic shelf labeling systems, (B) the commissioner grants to a person approval to use an electronic shelf labeling system, (C) the person demonstrates, to the commissioner's satisfaction, that such electronic shelf labeling system is supported by an electronic pricing system that uses universal product coding to total a retail consumer's purchases, and (D) such person has received the commissioner's approval for such an electronic pricing system. (3) The provisions of subparagraph (A) of subdivision (1) of this subsection shall not apply to a person if (A) the conditions established in subdivision (2) of this subsection have been satisfied, and (B) the person has received the Commissioner of Consumer Protection's permission to suspend implementation of the electronic pricing system for a period, not to exceed thirty days, to enable such person, or an agent acting on behalf of such person, to remodel, repair, reset or otherwise modify such electronic pricing system at the retail establishment. (4) The provisions of subparagraph (A) of subdivision (1) of this subsection shall not apply to a person if (A) the person applies for, and the Commissioner of Consumer Protection approves, an exemption for such person, (B) such person demonstrates, to the commissioner's satisfaction, that such person has achieved price scanner accuracy of at least ninety-eight per cent, as determined by the latest version of the National Institute of Standards and Technology Handbook 130, “Examination Procedures for Price Verification”, as adopted by The National Conference on Weights and Measures, (C) such person pays an application fee, to be used to offset annual inspection costs, of three hundred fifteen dollars, if the premises consists of less than twenty thousand square feet of retail space, or six hundred twenty-five dollars, if the premises consists of at least twenty thousand square feet of retail space, (D) such person makes available a consumer price test scanner that is approved by the commissioner and located prominently in an easily accessible location for each twelve thousand square feet of retail floor space, or fraction thereof, and (E) price accuracy inspections resulting in less than ninety-eight per cent price scanner accuracy are reinspected, which reinspection shall be performed following receipt of payment of a two-hundred-fifty-dollar reinspection fee paid by such person. (5) Notwithstanding any provision of this subsection, consumer commodities that are offered for sale and located on an end cap display within the retail sales area shall not be subject to the requirements established in this subsection, provided any information that would otherwise have been made available to a consumer pursuant to this section is clearly and conspicuously posted on or adjacent to such end cap. (6) Consumer commodities that are advertised in a publicly circulated printed form as being offered for sale at a reduced retail price for a minimum seven-day period need not be individually marked at such reduced retail price, provided such consumer commodities are individually marked with their regular retail price and a conspicuous sign adjacent to such consumer commodities discloses (A) such reduced retail price and the unit price of such consumer commodities, and (B) a statement disclosing that the cashier will electronically price such consumer commodities at such reduced price. (7) (A) Except as provided in subparagraph (B) of this subdivision, if a consumer commodity is offered for sale and the consumer commodity's electronic price is higher than the posted price, then one item of such consumer commodity, up to a value of twenty dollars, shall be given to the consumer at no cost to the consumer. A conspicuous sign shall adequately disclose to the consumer that in the event the electronic price is higher than the posted retail price, one item of such consumer commodity shall be given to the consumer at no cost to the consumer. (B) The provisions of subparagraph (A) of this subdivision shall not apply to a person in cases where the person (i) improperly fails to redeem a digital or paper coupon which, if properly redeemed, would reduce the price of a consumer commodity, or (ii) fails to remove a sign adjoining a consumer commodity and disclosing a time-limited reduced price for the consumer commodity after the time period specified for such reduced price has expired. (8) If a consumer presents a digital or paper coupon which, if properly redeemed, would reduce the price of a consumer commodity and the person fails to properly redeem such coupon, such person shall provide to the consumer a refund in an amount that is equal to the value of such coupon. If a person offers a consumer commodity for sale at a reduced price for a specified time period, and a sign disclosing such reduced price remains adjacent to the consumer commodity following expiration of such time period, the person shall only require a consumer to pay the reduced price disclosed in such sign for such consumer commodity. (c) (1) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, concerning the marking of prices, and use of universal product coding, on each unit of a consumer commodity. (2) The Commissioner of Consumer Protection may adopt regulations, in accordance with the provisions of chapter 54, designating not more than twelve consumer commodities that need not be marked in accordance with the provisions of subdivision (1) of subsection (b) of this section and specifying the method of providing adequate disclosure to consumers to ensure that the electronic pricing of the designated consumer commodities is accurate. The commissioner may also establish, by regulation, methods to protect consumers against electronic pricing errors of such designated consumer commodities and to ensure that the electronic prices of such designated consumer commodities are accurate. Among the methods that the commissioner may consider are conditions similar to those set forth in subdivision (5) of subsection (b) of this section. (d) The Commissioner of Consumer Protection, after providing notice and conducting a hearing in accordance with the provisions of chapter 54, may issue a warning citation to, or impose a civil penalty of not more than one hundred dollars for the first offense and not more than five hundred dollars for each subsequent offense on, any person that violates any provision of subsection (b) of this section, or any regulation adopted pursuant to subsection (c) of this section. Any person that violates any provision of subsection (b) of this section, or any regulation adopted pursuant to subsection (c) of this section, shall be fined not more than two hundred dollars for the first offense and not more than one thousand dollars for each subsequent offense. Each violation with respect to all units of a particular consumer commodity on any single day shall be deemed a single offense.

Legislative History

(P.A. 75-391, S. 1–4; P.A. 88-66, S. 5; P.A. 92-86; P.A. 95-342; P.A. 01-73, S. 1, 2; P.A. 02-43, S. 1; 02-82, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 05-86, S. 1; P.A. 06-66, S. 1; 06-196, S. 152; June Sp. Sess. P.A. 09-3, S. 283; P.A. 22-104, S. 34; P.A. 24-142, S. 15.) History: Sec. 19-210j transferred to Sec. 21a-79 in 1983; P.A. 88-66 authorized issuance of warning citation and imposition of civil penalty; P.A. 92-86 amended Subsec. (a) by specifying that the definition of “consumer commodity” does not include alcoholic liquor as defined in Subdiv. (3) of Sec. 30-1 and by adding definitions of an “electronic shelf labeling system” and “electronic pricing system”, amended Subsec. (b) to insert Subdiv. indicators, adding new Subdiv. (2) which detailed when the provisions of Subdiv. (1) would not apply, new Subdiv. (3) re commodities on sale at reduced prices and new Subdiv. (4), which provided that a commodity would be given to a customer upon demand at no cost if, at checkout, the electronic price was higher than the reduced retail price and amended Subsec. (c) to insert Subdiv. indicators, making technical change in Subdiv. (1) and adding provisions designated as Subdiv. (2) re adoption of regulations; P.A. 95-342 amended Subsec. (a) to exempt soft drink containers from the definition of “consumer commodity” and to add definition of “carbonated soft drink container” as Subdiv. (2), renumbering existing Subdivs. as necessary; P.A. 01-73 amended Subsec. (b) by designating existing Subdiv. (1) as Subdiv. (1)(A) and adding new Subdiv. (1)(B) re digital display and made conforming and technical changes throughout, effective October 1, 2002; P.A. 02-43 amended Subsec. (c)(2) by increasing from 10 to 12 the number of consumer commodities that need not be marked in accordance with Subsec. (b)(1); P.A. 02-82 amended Subsec. (b) by adding Subdiv. (2)(D) requiring retailer to receive approval for electronic pricing system by commissioner, by adding new Subdiv. (3) providing that price marking requirements of Subdiv. (1)(A) do not apply if retailer has met certain conditions, by renumbering existing Subdivs. (3) and (4) as Subdivs. (4) and (5) and by making technical changes in Subdivs. (1), (2) and (5); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 05-86 amended Subsec. (b) to add new Subdiv. (4) re commodities offered for sale on end cap displays and redesignate existing Subdivs. (4) and (5) as Subdivs. (5) and (6), respectively, and made technical changes in Subsec. (c), effective June 2, 2005; P.A. 06-66 amended Subsec. (b) by adding new Subdiv. (4) re exemptions, redesignating existing Subdivs. (4) to (6) as Subdivs. (5) to (7), respectively, removing provisions re electronic shelf labeling system in newly designated Subdiv. (5) and, in newly designated Subdiv. (7), removing reduced price provisions, adding posted price provisions, adding twenty-dollar value limit, modifying consumer notice to use term “posted” retail price and deleting “upon demand”; P.A. 06-196 made a technical change in Subsec. (d), effective June 7, 2006; June Sp. Sess. P.A. 09-3 amended Subsec. (b)(4) to increase fees; P.A. 22-104 amended Subsec. (a) by adding new Subdiv. (1) defining “alcoholic liquor”, redesignating existing Subdiv. (1) defining “consumer commodity” as new Subdiv. (3), redesignating existing Subdiv. (5) defining “electronic pricing system” as new Subdiv. (4), redesignating existing Subdiv. (4) defining “electronic shelf labeling system” as new Subdiv. (5) and redesignating existing provision in Subsec. (b)(5) defining “end cap display” as Subsec. (a)(6), amended Subsec. (b) by designating existing provisions in Subdiv. (7) as Subdiv. (7)(A) and adding Subdivs. (7)(B) and (8) re failure to properly redeem coupon or remove sign, and made technical and conforming changes, effective May 24, 2022; P.A. 24-142 amended Subsecs. (b) to (d) by deleting references to associations, corporations, firms and partnerships, and amended Subsec. (b)(4)(E) by specifying that reinspection fee shall be paid in advance of reinspection, effective June 6, 2024.