S7277A-2011: Relates to requirements for unit pricing in certain retail stores


Same as: A9593A-2011 / Versions: S7277-2011 S7277A-2011
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Relates to requirements for unit pricing in certain non-chain convenience stores.
Sponsor: GRISANTI
Law Section: Agriculture and Markets Law
Law: Amd S214-h, Ag & Mkts L

S7277A-2011 Actions

S7277A-2011 Calendars

Active List: Jun 6, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012 , Floor Calendar: Jun 4, 2012 , Floor Calendar: Jun 5, 2012 , Floor Calendar: Jun 6, 2012

S7277A-2011 Votes

VOTE: COMMITTEE VOTE: - Agriculture - May 15, 2012

Ayes (9): Ritchie, Gallivan, O'Mara, Seward, Young, Kennedy, Avella, Huntley, Valesky
Ayes W/R (1): Ranzenhofer
VOTE: FLOOR VOTE: - Jun 6, 2012

Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousin, Storobin, Valesky, Zeldin
Excused (5): Espaillat, Farley, Huntley, Smith, Young

S7277A-2011 Memo

BILL NUMBER:S7277A

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to unit pricing

PURPOSE:
To amend the unit pricing law to include chain stores with
annual sales of consumer commodities in excess of $2.5 million.

SUMMARY OF PROVISIONS:
This bill would amend the exemption provisions
contained within the unit pricing law to require unit pricing
disclosure in chain stores selling more than $2.5 million of consumer
commodities per year.

JUSTIFICATION:
The unit pricing law requires stores selling over $2.5
million per location per year of consumer commodities to disclose
the price per measure as well as the retail selling price. This
allows customers to comparison shop so as to find the best value.

Unit pricing is particularly important today because manufacturers of
grocery items no longer sell products in standard sizes. Consumers
are faced with a confusing array of packages for all kinds of
products including coffee, ice cream, tuna fish, cosmetics, soaps and
detergents and paper products. The unit pricing law provides the only
real means a customer has to find the best value between brands and
container sizes.

Consumer commodities covered under the pricing law include both human
and pet food, paper products and food wrappings, soaps, detergents
and other cleaning products, as well as non-prescription drugs and
toiletries.

The Department of Agriculture and Markets reports receiving a number
of consumer complaints regarding discount stores who sell significant
amounts of consumer commodities, but claim to be exempt from the unit
pricing requirements.

This bill would allow the Department to better enforce the law and
respond more quickly to consumer complaints without having to conduct
a financial audit of chain stores on a per location basis.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

This bill shall take effect on the 180th day after becoming a law.

S7277A-2011 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   7277--A
      Cal. No. 753

                              I N  SENATE

                                 May 2, 2012
                                 ___________

  Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
    printed to be committed to the Committee on  Agriculture  --  reported
    favorably  from  said  committee,  ordered to first report, amended on
    first report, ordered to a second  report,  and  to  be  reprinted  as
    amended, retaining its place in the order of second report

  AN  ACT  to  amend  the agriculture and markets law, in relation to unit
    pricing

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph b of subdivision 3 of section 214-h of the agri- culture and markets law, as amended by chapter 323 of the laws of 1993, is amended to read as follows:
b. The provisions of this section shall not apply TO CONVENIENCE STORES WHICH INCLUDE SMALL STORES WHICH TYPICALLY SELL MOTOR FUEL, TOBACCO PRODUCTS, FAST FOOD AND BEVERAGES AND DO NOT OFFER SUFFICIENT QUANTITY OF CONSUMER COMMODITIES TO MAKE UNIT PRICING USEFUL TO CONSUM- ERS OR to any retail store having had annual gross sales of consumer commodities in the previous calendar year of less than two and one-half million dollars, UNLESS THE STORE IS A PART OF A NETWORK OF SUBSID- IARIES, AFFILIATES OR OTHER MEMBER STORES, UNDER DIRECT OR INDIRECT COMMON CONTROL, WITH FIVE OR MORE STORES LOCATED IN NEW YORK, WHICH, AS A GROUP, HAD ANNUAL GROSS SALES THE PREVIOUS CALENDAR YEAR OF TWO AND ONE-HALF MILLION DOLLARS OR MORE OF CONSUMER COMMODITIES. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14958-03-2

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