§ 5-113 Calculation and Display of Price Per Measure.
RCNY § 5-113
(a)Price or measure shall be expressed in terms of dollars or cents, as applicable, carried to three digits. If the price is $1.00 or over, it is to be stated to the nearest full cent, provided that said price is rounded off from one-half cent or over to the next higher cent; and, if less than one-half cent, reduced to the next lower cent. Example: "$1.35 per pound." If the price is less than $1.00, it should be stated to the nearest tenth of a cent. Example: "24.8¢ per pound." (b) Price per measure shall be expressed as follows: (1) price per pound for commodities whose net quantity is stated in units of pounds or ounces or both; (2) price per 100 units for commodities whose net quantity is stated by numerical count; (3) price per pint or quart for commodities whose net quantity is stated in fluid ounces, pints, quarts or gallons or a combination thereof; provided that the same unit of measure is used for the same commodity in all sizes sold in the retail establishment; (4) price per 50 feet or per 50 square feet, as appropriate, for commodities whose net quantity is stated in units of inches, feet, yards, square inches, square feet or square yards, or whose net quantities are stated in units of length or area and the "ply" count, if any.
(c)All price information required by §§ 20-708 and 20-709 of the Administrative Code shall be clear and conspicuous and shall be on a stamp, tag, label or sign directly above, below, adjacent to, or on the consumer commodity to which it relates. Such stamp, tag, label or sign shall: (1) state the total selling price; (2) state the price per measure; (3) identify sufficiently the consumer commodity to which the price information relates, if not affixed to the consumer commodity; (4) indicate the total selling price on the right side of a horizontal label or on the upper part of a vertical label; (5) indicate the price per measure on the left side of a horizontal label or on the lower part of a vertical label; (6) contain the words "Unit Price" above or below the price per measure; (7) indicate the price per measure and unit of measure on an orange background, except that packages which are pre-priced by the manufacturer shall not be required to use an orange background on a label affixed to the consumer commodity; (8) indicate price per measure in type no smaller than that used for the total selling price, but in no event smaller than pica type; (9) be submitted to the commissioner for approval prior to its use in any retail establishment.
(d)Every retail establishment required to post price per measure by the regulations governing Truth-in-Pricing, in those cases where shelf labels are used, shall conspicuously post a sign for every two thousand square feet of sales area, but in no event less than two signs nor more than five signs in any retail establishment, which explains the use of price per measure information to the consumer. The price per measure, as used in examples on these signs, shall appear on an orange background in type no smaller than that used for the selling price.
(e)Upon written application to the commissioner, and upon a showing of exceptional circumstances, a retail establishment or retail entity may be granted an extension in writing, not to extend beyond December 31, 1972, in which to comply, in whole or in part, with the requirements of section c above.
