Section R20-2-302. Handbook 130 and Handbook 133

A.      A person shall comply with all packaging, labeling, and method of sale requirements in Handbook 130, except as oth- erwise stated in this Chapter. A person shall ensure that pack- aged commodities kept, offered, exposed for sale, sold, or in the process of delivery are weighed, measured, and inspected using sampling and testing procedures designated in Hand- book 133, except as otherwise stated in this Chapter.

B.       A retail seller shall ensure that a package that is offered for sale in a variable weight, measurement, or count, and that is weighed, measured, or counted at the time of sale, includes a label on the package identifying the net weight, measurement, or count, item description, and packer’s name if the packer is not the retailer. Pre-packaged produce does not require a label on each package if the retailer:

1.        Clearly labels the price-per-pound where the packaged produce is displayed, and

2.        Deducts a tare for the packaging from the gross weight at the time of sale.

C.      A retail seller shall price a commodity at the date and time that it is ordered by a customer.

D.      A retail seller who offers, exposes, or advertises a commodity for sale or rent shall post a definite, plain, and conspicuous price on the commodity or adjacent to where the commodity is displayed. If the price of the commodity is by weight, mea- sure, or count, the retailer shall place the price per weight, measure, or count on the commodity or adjacent to where the

commodity is displayed. If a retailer offers a commodity for sale or rent at a price reduced by a percentage or a fixed amount from a previously offered price, the retailer shall place the reduction or reduced price on the commodity or adjacent to where the commodity is displayed.

E.       A person who owns or operates a plant nursery shall label each commodity with its identity, container size, and price, or post a sign with this information adjacent to the point of display.

F.       A retail seller shall ensure that the price of each item pur- chased is displayed visibly to the public at each check-out location.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-302 recodified from R4-31-302 (Supp. 95-1). Section repealed; new Section adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 10 A.A.R.

1690, effective June 5, 2004 (Supp. 04-2).