Windsor Municipal Code Art. 3 Item Price Marking

As used in this article.

Automatic checkout system shall mean an electronic system employing a scanning device combined with a computer and register to read universal product code or similar code to determine the costs of items being purchased.

Consumer commodity shall mean and include:

a. Food, including all material whether solid, liquid or mixed, and whether simple or compound, which is used or intended for consumption by human beings or domestic animals normally kept as household pets, and all substances or ingredients added to any such material for any purpose. This definition shall apply to individual packages of cigarettes or individual cigars.

b. Paper products such as napkins, facial tissues, toilet tissues, foil wrapping, paper toweling, and disposable plates and cups.

c. Detergents, soaps and other cleaning agents.

d. Pharmaceuticals including nonprescription drugs, bandages, hygiene products and toiletries.

Grocery department shall mean an area within a general retail merchandise store which is engaged primarily in the retail sale of packaged food, rather than food prepared for immediate consumption on or off the premises.

Grocery store shall mean a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.

Sale item shall mean any consumer commodity offered in good faith for a period of seven (7) days or less on sale, at a price below the normal price that item is usually sold for in the store.

Every retail agency store or grocery department, within a general retail merchandise store, which uses an automatic checkout system shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale; provided, however, that the requirements shall not apply to:

a. Any unpackaged fresh food or product.

b. Any consumer commodity which is under three (3) cubic inches in size, weighs less than three (3) ounces, and is priced for less than thirty ($0.30) cents.

c. Any grocery business which has as its only regular employees the owner thereof, or the parent, spouse or child of such owner, or in addition thereto, not more than two (2) other persons employed on a regular schedule for a continuing period of time.

d. Identical items within a multi-item package.

e. Items sold through a vending machine.

f. Sale items.

a. Failure to have a clearly readable price indicated on twelve (12) units of the same item of the same commodity shall constitute a presumption of intent to violate Section 3-18-305.

b. Every additional twelve (12) units of the same item that fail to have a price indicated on them shall constitute a presumption of intent to violate Section 3-18-305.

Each day that a violation continues after notification thereof by any person to the manager or assistant manager of the grocery store, or the grocery department of the general merchandise store, shall constitute a separate violation.

Any person may bring an action in any court of competent jurisdiction to enjoin a violation of 3-18-305.