Relates to requirements for unit pricing in certain non-chain convenience stores.
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
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.
This bill shall take effect on the 180th day after becoming a law.
STATE OF NEW YORK ________________________________________________________________________ 7277--A Cal. No. 753 IN 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