Stores wishing to be exempt from the Unit Pricing Law based on a store’s in-store gross annual sales must complete and sign the following Affidavit, affirming that a specific store has gross annual in-store sales of less than $5 million and, therefore, is exempt from the requirements contained in the Massachusetts Unit Pricing Law, M.G.L. c. 6, Section 115A and 202 CMR 5.00 (“Unit Pricing Law”).
Please note, this exemption is granted for the calendar year during which it is issued. This store must submit a new Affidavit for the next calendar year between January 1 and January 31, inclusive. It is the retailer’s responsibility to file a new Affidavit if the retailer wishes to maintain this exemption for another calendar year. If the Division has not received a new Affidavit for the new calendar year by January 31, the Division may inspect the store for compliance with the Massachusetts Unit Pricing Law at any time on or after February 1 and will issue fines if the Division finds violations of that Law.
Also note, the exemption hereby acknowledged does not exempt the store from any other provisions of Massachusetts law. Stores selling “grocery” products, as defined in M.G.L. c. 94, Section 184B, must still comply with the Massachusetts Item Pricing Law, M.G.L. c. 94, Sections 184B through 184E and the accompanying regulations at 202 CMR 7.00.