TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

CHAPTER 438
STANDARDS FOR WEIGHTS AND MEASURES

Section 438:26-a

    438:26-a Grocery Stores; Prices. –
    I. In this section, the term ""grocery store'' means any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments which handle only prepackaged, non-potentially hazardous foods; roadside markets that offer only fresh fruits and fresh vegetables for sale; food service establishments; or food beverage vending machines.
    II. Any person who offers items for sale in a grocery store shall mark clearly upon the package of each item sold in packaged form the price of such item, or shall place under the shelf containing the item a uniform shelf tag, or a larger sign indicating item price.
    III. A uniform shelf tag shall include:
       (a) The regular price of each individual item. The price numbers shall be at least 7/16 of an inch in height;
       (b) The unit price; and
       (c) The name of the item or a description of the item.
    IV. The following items shall not require individual prices:
       (a) Cold beverages.
       (b) Snack items packaged in individual sizes and designed for immediate consumption.
    V. The commissioner shall adopt rules, pursuant to RSA 541-A, regarding:
       (a) The pricing of items by grocery stores under this section.
       (b) The definition of snack items excepted from the requirements of this section under subparagraph IV(b).

Source. 1990, 120:1, eff. Jan. 1, 1991.