§ 190-a. Home food service plan sales. 1. Definitions. As used in this\nsection, unless the context otherwise requires, the following words and\nphrases shall have the following meanings:\n a. "Home food service plan" means any offering for sale to a household\nconsumer of meat or poultry or seafood or the offering of such products\nin combination with each other or with any other food or non-food\nproduct or service sold as a unit for a total price in the aggregate in\nexcess of two hundred dollars.\n b. "Seller" means any person, partnership, corporation or association,\nhowever organized, engaged in the sale of food through home food service\nplans.\n c. "Food spoilage protection" means any agreement, guarantee, warranty\nor contract offered by the seller whereby the buyer is insured or\nprotected against loss of frozen food due to spoilage.\n d. "Primal source" means the following cuts: (i) for beef, the primal\nsources are the round, flank, loin, rib, plate, brisket, chuck and\nshank; (ii) for veal and lamb or mutton, the primal sources are the leg,\nflank, loin, rack (rib) and shoulder; and (iii) for pork, the primal\nsources are the belly, loin, ham, spareribs, shoulder and jowl.\n e. "Item" means each constituent part or kind of meat cut from a\nprimal souce, each kind of whole poultry, each kind of poultry part,\nevery package of like seafood, and every package of like grocery and\nnon-food products.\n f. "Service charge" means the total price of the home food service\nplan (including, without limitation, the price of food and non-food\nitems, membership fees and charges for delivery, cutting, wrapping, and\nfreezing) less the total price of all food and non-food items included\nin the price of the plan.\n 2. Written contract required for home food service plans. All of the\nterms and conditions of a home food service plan sale shall be contained\nin a single written contract furnished to the buyer at the time of the\nexecution of the contract.\n 3. Right of cancellation. The buyer shall have the right to cancel the\nhome food service plan contract until midnight of the third business day\nafter the day on which the buyer executed the contract or after the day\non which the seller provided the buyer with a fully executed copy of the\ncontract, whichever is later.\n 4. Disclosures required in a written contract. A seller of a home food\nservice plan must disclose to buyers in a contract in writing, in a form\napproved by the commissioner of agriculture and markets, the following:\n a. the name and address of the seller;\n b. whether substitutions of food items may be or are made, under which\ncircumstances such substitutions will be made, the substitution values\nin terms of price, and whether the prospective buyer has the right to\nrefuse such substitutions;\n c. the terms and conditions of food spoilage protection, if any;\n d. that the buyer is not obligated to (1) enter into an additional\nhome food service plan contract; (2) purchase any appliance, including,\nbut not limited to, a freezer, refrigerator-freezer, or microwave oven;\n(3) purchase food spoilage protection; or (4) purchase any other product\nfrom the seller in order to enter into a home food service plan;\n e. the U.S.D.A. quality grade of the meat supplied, if so graded, and\nthe primal source, if applicable;\n f. an itemized list of the components of the home food service plan;\n g. the estimated weight of each meat, poultry and seafood item offered\nfor sale under the home food service plan, provided, however, that such\nestimates shall not differ from the actual weight at time of delivery by\nmore than five percent;\n h. the price per pound of each meat, poultry and seafood item to be\nsupplied;\n i. the total price of the home food service plan, the service charge\nand the estimated price of each meat, poultry and seafood item to be\nsupplied;\n j. the weight, measure or count and unit price of all other food and\nnon-food item
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