§ 214-h. Unit pricing. 1. Consumer information required. Each person\nwho sells, offers or exposes for sale in a retail store a consumer\ncommodity shall disclose to the consumer the unit price and the total\nprice of the commodity as provided in this section.\n 2. Definitions. a. "Consumer commodities" shall mean the following,\nhowever packaged or contained:\n (1) food, including all material, solid, liquid or mixed, whether\nsimple or compound, used or intended for consumption by human beings or\ndomestic animals normally kept as household pets and all substances or\ningredients to be added thereto for any purpose; and\n (2) napkins, facial tissues, toilet tissues, foil wrapping, plastic\nwrapping, paper toweling, disposable plates; and\n (3) detergents, soaps and other cleansing agents; and\n (4) non-prescription drugs, female hygiene products and toiletries.\n b. "Retail store" shall mean a store which sells consumer commodities\nat retail, which store is not primarily engaged in the sale of food for\nconsumption on the premises, or which is not primarily engaged in a\nspecialty trade which the commissioner determines, by regulation, would\nbe inappropriate for unit pricing. An establishment which sells consumer\ncommodities only to its members shall be deemed to be included within\nthis definition unless the members must pay a direct fee to qualify for\nmembership and the establishment is not required to collect sales tax on\ntransactions with members, pursuant to article twenty-eight of the tax\nlaw.\n c. "Unit price" of a consumer commodity shall mean the price per\nmeasure.\n d. "Price per measure" shall mean:\n (1) price per pound for commodities whose net quantity is expressed in\nunits of weight, except for such commodities whose net weight is less\nthan one ounce which shall be expressed as price per ounce and\ncommodities in powdered form which purport to be or are represented for\nspecial dietary use solely as a food for infants by reason of its\nsimulation of human milk or suitability as a complete or partial\nsubstitute for human milk which shall be expressed as price per\nreconstituted fluid ounce; provided that the same unit of measure is\nused for the same commodity in all sizes;\n (2) price per pint or quart for commodities whose net quantity is\nstated in fluid ounces, pints, quarts or gallons or a combination\nthereof, except for such commodities in concentrated liquid or ready to\nfeed form which purport to be or are represented for special dietary use\nsolely as a food for infants by reason of its simulation of human milk\nor suitability as a complete or partial substitute for human milk which\nshall be expressed as price per reconstituted fluid ounce for\ncommodities in concentrated liquid form and price per fluid ounce for\ncommodities in ready to feed form; provided that the same unit of\nmeasure is used for the same commodity in all sizes sold in the retail\nestablishment;\n (3) price per one hundred for commodities whose net quantity is\nexpressed by count, except as otherwise provided by regulation;\n (4) price per foot for commodities whose net quantity is stated in\nunits of length, except for such commodities whose net quantity exceeds\none hundred feet, which shall be expressed as price per one hundred\nfeet, and the "ply" count, if any, provided that the same unit of\nmeasure is used for the same commodity in all sizes;\n (5) price per square foot or square yard, as appropriate, for\ncommodities whose net quantity is expressed in units of area and the\n"ply" count, if any, provided that the same unit of measure is used for\nthe same commodity in all sizes; or\n (6) such other price per measure, including metric equivalents of the\ncustomary measures, as the commissioner shall by regulation permit. The\ncommissioner shall establish such metric equivalents whenever he\ndetermines that any commodity subject to the provisions of this section\nis being sold, offered or exposed for s
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