Section R20-2-402. Price-posting Inspection Procedure and Violation Exceptions

A.      The Department shall choose one item that was used and four adjacent items that were not used for a price-verification inspection as the samples for a price-posting inspection.

B.       If the Department finds an alleged price-posting violation involving an item used during its price-verification inspection, the Department shall record the price-posting violation on the inspection report.

C.      The following are price-posting violations:

1.        No price is posted or displayed for an inspected item, or

2.        Less than 98 percent of the prices of inspected items are posted accurately.

D.      The following are not price-posting violations:

1.        A price is posted on a shelf where an item is displayed rather than marked on the item individually;

2.        A price is posted on the shelf at the farthest left side of all items with the same price for up to 3 feet of shelf space. The price for commodities with the same uniform price code may be more than three feet from the price posted if they are all displayed in the same location;

3.        A price posted above the highest item in a vertical loca- tion is the price of all items in that location;

4.        A storage area that is posted as a storage area for which a customer should ask for assistance;

5.        A restocking area that is posted as a restocking area for which a customer should ask for assistance;

6.        A price is posted on a hook in front of or behind a row of items but the price is clearly visible or a notice is clearly visible stating that the price is posted behind the row of items;

7.        An item is located in an advertising display without a posted price but a notice is posted informing a customer to ask for price information assistance about an item in the display. A service counter is not an advertising dis- play;

8.        A menu-type sign at a point of display that lists the name and price of every item at the point of display in text at least 3/8” high;

name of each item in the point of display is posted;

10.     A price is posted only at each entrance to a store but that price is the price of each item in the store, or at each entrance to a department within a store but that price is the price of each item in the department; and

11.     A notice states that there is an additional charge based on an item’s size and each size and the additional charge for each size is posted.

Historical Note

Adopted effective July 27, 1983 (Supp. 83-4). R20-2-402 recodified from R4-31-402 (Supp. 95-1). R20-2-402 repealed effective October 8, 1998 (Supp. 98-4). New Section made by final rulemaking at 10 A.A.R. 1690, effective June 5, 2004 (Supp. 04-2).