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CROSS REFERENCES

Marketing standards, RC Ch 925

Unfair trade practices defined, CO 641.11

Prescription drug pricing regulations, CO Ch 645

Packaging and labeling meat, CO Ch 651

647.01     Definitions

As used in this chapter:

(a) "Consumer commodity" means any food, drug, device or cosmetic and any other article, product or commodity of any kind or class which is customarily necessary or used for personal, family or household use and offered for sale at retail.

(b) "Unit price" means the price per measure.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

647.02     Exemptions from Provisions

Sellers at retail need not comply with the provisions of this chapter as to the following consumer commodities:

(a) Medicine sold by prescription only;

(b) Beverages subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act;

(c) Such consumer commodities which are required to be marked individually with a unit price under the provisions of any Ohio statute;

(d) Food sold for consumption on the premises;

(e) Any consumer commodity whose net quantity as offered for sale is one pound, one ounce, one pint, one quart, one gallon, 100 count, one foot, 100 feet, one square foot or one square yard, provided it has the retail price marked plainly thereon;

(f) Consumer commodities sold by any retail establishment operated by a person as his sole place of business, provided such place of business had annual gross sales of less than seven hundred fifty thousand dollars ($750,000) in the previous calendar year, unless it is a part of a network of subsidiaries, affiliates or other member stores, under direct or indirect common control, which, as a group, had annual gross sales in the previous calendar year of seven hundred fifty thousand dollars ($750,000) or more.
(Ord. No. 2269-74. Passed 6-30-75, eff. 7-5-75)

647.03     Means of Price Information Disclosure

(a) All retail establishments subject to this chapter shall disclose the unit price to consumers in one of the following manners:

(1) By the attachment of a stamp, tag, label or sign within close proximity to the commodity;

(2) By affixing the unit price and the total price on the commodity itself;

(3) In the case of specially stored or displayed items, such as frozen commodities and goods which are marketed on end displays, by attaching the stamp, tag or label on the shelf or display space contiguous with the area where the commodities are displayed;

(4) In the case of commodities not conspicuously visible to the consumer, by a sign or list conspicuously placed near the point of procurement.

(b) The stamp, tag, label or sign must be conspicuously visible to the consumer and carry the following:

(1) The total selling price;

(2) The unit price, expressed in terms of dollars or cents, as applicable. If the price is over one dollar ($1.00), it may he expressed to the nearest full cent, provided that such price is rounded from .005 and over the next higher cent, and if .004 or less to the lower cent; but, that if it is expressed in cents, it is carried to at least one digit after the decimal point. Examples: "25.3¢ per pound" "$1.67 per quart;"

(3) The applicable unit of weight, measure or count;

(4) Identification of the consumer commodity to which the price information relates, if the stamp, tag, label or sign is not affixed to the commodity.

(c) In addition, at the option of the retail establishment, the stamp, tag, label or sign may include a description of the commodity being sold and other stocking information, provided that such information does not in any way obscure, deemphasize or confuse the unit price information as specified in division (b) of this section.

(d) The price per measure in all situations shall be printed in bold figures which shall be clear, conspicuous and legible.
(Ord. No. 1241-92. Passed 7-22-92, eff. 7-31-92)

647.04     Explanatory Signs Required

Every retail establishment required to post unit prices under the provisions of this chapter shall conspicuously post at least one sign which shall clearly and legibly explain the use of unit price information to the consumer. The unit price, as used in examples on such signs, shall appear in type no smaller than that used for the selling price in the examples.
(Ord. No. 2269-74. Passed 6-30-75, eff. 7-5-75)

647.05 and 647.06     Reserved

Note: Former Sections 647.05 and 647.06 were repealed by Ord. No. 1241-92, passed 7-22-92, eff. 7-31-92.

647.07     Extension of Time for Compliance

Any retail establishment which is unable to comply with this chapter within the time set forth herein may apply to the Director of Consumer Affairs for permission to extend such time for compliance for an initial period not to exceed thirty days. Such retail establishment shall set forth, in as much detail as possible, the reasons for its inability to comply. The Director may extend such period from time to time, upon such terms and conditions as he may deem reasonable, but not to exceed ninety days in total.
(Ord. No. 2269-74. Passed 6-30-75, eff. 7-5-75)

647.08     Responsibility for Compliance

In the event of a violation of this chapter, the manager or individual in charge of such retail establishment, and the individual or corporation employing such manager or individual in charge shall be deemed to be responsible for compliance by such retail establishment with the requirements of this chapter.
(Ord. No. 2269-74. Passed 6-30-75, eff. 7-5-75)

647.09     Reserved

647.99     Penalty

(a) Whoever violates any provisions of this Chapter shall be subject to the penalties provided in Section 643.99.

(b) In addition to the penalties above, any person aggrieved by any violation of this Chapter may pursue remedies authorized by Section 643.11 of this Code.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)