202 C.M.R. 5.01 – Definitions

(1) Packaged Commodity. Means any food, drug, device or cosmetic and any other article, product, or commodity of any kind or class which is customarily necessary for personal, family or household use and offered for sale at retail and is offered for sale by weight, measure, count, quantity, or combination thereof.
(2) Price Label. A physical or electronic sign, sticker, stamp, label, or other medium containing the unit price and item price of the packaged commodity and any other information required by 202 CMR 5.00 or M.G.L. c. 98, §§ 184B through 184E.
(3) Shelf Tag. A price label that meets the requirements of 202 CMR 5.00 that is affixed to the front shelf on which a packaged commodity is displayed for sale.
(4) Unit Price. The price of each packaged commodity per measure.
1. (a) The declaration for the unit price of a particular commodity in all package sizes offered for sale in a retail store shall be uniformly and consistently expressed in terms of either:
  1. 1. Price per kilogram of 100 g, or price per pound or ounce, if the net quantity of the contents of the commodity is in terms of weight.
  2. 2. Price per liter or 100 mL, or price per dry quart or dry pint, if the net quantity of the contents of the commodity is in terms of dry measure or volume.
  3. 3. Price per liter or 100 mL, or price per gallon, quart, pint, or fluid ounce, if the net quantity of contents of the commodity is in terms of liquid volume.
  4. 4. Price per individual unit or multiple units if the net quantity of the contents of the commodity is in terms of count.
  5. 5. Price per square meter, square decimeter, or square centimeter, or price per square yard, square foot, or square inch, if the net quantity of contents of the commodity is in terms of area.
2. (b) The declaration of the unit price shall reflect the unit of measure as it most commonly appears displayed on the particular commodity and it shall be applied uniformly and consistently for all package sizes and brands offered for said commodity.
(5) Item Price. The total current price of the single packaged commodity, inclusive of any temporary discounts, available rebates, loyalty club discounts, temporary price reductions, or bulk/combination purchasing options.
(6) Retail Store. Any retail outlet, either as a sole location or chain of stores, including a wholesale club and membership warehouse, that sells or offers for sale any packaged commodity and has a sales volume of not less than $5,000,000.00 per year of in-store sales excluding the sale of motor fuels; only retail outlets whose owners or authorized operators have submitted to the Division, no later than January 31st of any given year, a sworn affidavit executed by an outside auditor, corporate officer, or retail store owner attesting to the annual sales for the preceding calendar or most recent fiscal year for each retail store seeking an exemption under M.G.L.
c. 6A, § 115A and 202 CMR 5.00 shall be excluded from the definition of retail store for that calendar year. The Division shall maintain and publish a listing of all retail stores qualifying for an exemption under this definition.