Means of Disclosure
All retail establishments subject to 202 CMR 5.00 shall disclose the unit price and item price to consumers in the following manner:
1. The unit price label, stamp or tag must consist of no more than two dominant segments.
(a) The left-hand segment of the label, stamp or tag must be orange: the other part of the label must be primarily white:
1. Orange shall be defined for purposes of 202 CMR 5.00 as being measured inclusively between the wavelengths of 595 and 620 mill microns (or between 5950 and 6200 angstroms) on a normal color spectrum. For purposes of everyday recognition and operation, only the following identifying numbers for orange, as found in the U.S. Government General Services Administration Federal Standards Publication (Color-card) #595a and change notice 3, revised January 2, 1968, will be considered in compliance with the above specification: #22510, #12473, and #32246.
2. When a label at any time fails to fall within the color range specified in 202 CMR 5.03(1)(b)1., even though it may be due to the fading of the color, said label shall not be considered in compliance with 202 CMR 5.00.
(b) The unit price label, stamp or tag must appear on the item itself or directly under the item on the shelf on which the item is displayed for items which are not specially displayed or stored. The Unit Price label must not in any way be obscured and must be visible at all times.
(c) For specially stored or displayed items such as frozen and cold storage commodities, and goods which are marketed on end displays, the unit price label, stamp, or tag shall appear on the shelf or display space contiguous with the area where the item is displayed.
(2) The orange segment of the label, stamp, or tag must be conspicuously visible to the customer carrying the following data and no other:
(a) The words "Unit Price" as a heading directly above the numerical unit price;
(b) The unit price expressed in the following manner:
1. $X.XX per unit for all commodities whose unit price is $1.00 or greater.
2. XX.X¢ per unit for all commodities whose unit price is less than $1.00 but greater than 10¢.
3. X.XX¢ per unit for all commodities whose unit price is 10¢ or less.
4. ¢ Cents, cnts, if expressed in cents.
5. $, dollars, dols., dlrs., if expressed in dollars.
(c) The applicable "ply" count or thicknesses, for items such as paper products which are
(3) The primarily white segment of the label, stamp, or tag must carry the following data:
(a) Item Price.
(b) The description of the packaged commodity
(c) The size of the commodity being sold.
Other stocking information may also be included thereon at the option of the retail establishment PROVIDED that said information does not in any way obscure, de-emphasize or confuse the unit price information.
(4) The Unit Price of commodities regulated hereunder shall be displayed in type no smaller than that used for the item price, but in no event shall the unit price appear in size less than 3/8 inch unless approved by the Director of Standards.
(a) PROVIDED, that when the retail establishment employs display material at or near the point of sale and the item price appears thereon in sizes larger than 3/8 inch, the unit price required hereunder must appear in a size no less than 3/8 inch or 1/4 the size used for the item price, whichever is greater.
(b) PROVIDED FURTHER, that the unit price shall be printed in bold solid figures which must be clear, conspicuous and legible.
(c) EXCEPTIONS: the retail establishment shall not be required to comply with the provisions of 202 CMR 5.03(1) and (2) as to color and (4) as to size of type, where the product or commodity carries an item price and unit price on its package, and where the unit price appears thereon in a size no smaller than that used for the item price, or.
(d) Electronic shelf displays which display unit price, item price and other required information simultaneously, when incorporated in an electronic price scanning system and have been approved for retail use by the Director.
(e) When the display space used for the packaged commodity is inadequate to set forth separate unit and item price legends as required hereunder, or where the retailer believes unit price information may be usefully conveyed to consumers by alternative method, the required disclosures may be set forth on such legends as are required hereunder on display cards or other material used for the display of prices for such commodities. However any such alternative method must be approved by the Director, as specified in202 CMR 5.06, prior to being displayed. The display of the unit price in any event shall be conspicuously visible at all times and appear on an orange background. The size of type used for the unit price legend shall be no less than 1/4 the size used for the retail price, or 3/8 inch, whichever is greater.