§ 28-5205 — Exemptions.

This chapter does not apply to:

(1) Prepackaged food that contains separately identifiable items that are separated by physical division within the package;

(2) Any item sold only by prescription;

(3) Any item subject to the packaging or labeling requirements of the federal Bureau of Alcohol, Tobacco and Firearms or to any pricing requirements under federal law;

(4) Any item actually being sold through a vending machine;

(5) Any item delivered directly to a retail sales agency without passing through warehousing or other inventory facility used by the agency;

(6) Commodities packaged in quantities of less than 28 grams (one ounce) or 29 milliliters (one fluid ounce) or when the total retail price is 50 cents or less;

(7) When only one brand of a particular commodity in only one size is offered for sale in a particular retail establishment;

(8) Variety packages;

(9) Combination packages; or

(10) A person with less than $30 million in gross volume of sales of consumer commodities and to whom at least one of the following applies:

(A) During the preceding calendar year, sold a gross volume of consumer commodities of less than $750,000;

(B) Is not part of a company which consists of 10 or more sales agencies in or out of the District of Columbia;

(C) Derives less than 15% of its total revenues from consumer commodities subject to this chapter; or

(D) Is owned and operated by not more than one individual and the members of the person’s immediate family.

Legislative History

Apr. 23, 2013, D.C. Law 19-282, § 2(c), 60 DCR 2132