Westchester County's item-pricing law was enacted in 1975 to ensure that consumers at the register were able to make sure they were being accurately charged. The March 2010 amendment, the Item Pricing-Waiver Law, rewards businesses that consistently maintain accurate computer scanning of prices by freeing them of the obligation to put prices on every item.
Amendments allowing for waivers of the county’s item pricing law took effect on June 27, 2010. Business owners can complete an item pricing waiver application and forward it to the Department of Consumer Protection.
863.71. Price marking - advertised prices
1. The selling price shall be clearly stamped, tagged, labeled or otherwise marked in arabic numerals on each item of consumer goods offered for sale within Westchester County.
2. The provisions of Subdivision 1 of this section shall not apply to the following consumer goods provided the selling price and the unit of measure is plainly and clearly displayed in arabic numerals on a sign, clearly designating the particular consumer goods to which it refers, located as close as practicable, and closer than any other sign, to the location at which the goods are displayed:
a. Fresh milk.
b. Fresh eggs.
c. Items such as gum, candy and cigarettes offered for sale in single packages.
d. Food sold for consumption on premises.
e. Food or other goods sold from vending machines operated by the consumer.
f. Fresh produce which is not packaged prior to sale;displayed for sale in bulk; and is either packaged for or by the consumer at the time of sale.
g. Nonfood consumer goods which are not packaged prior to sale; displayed for sale in bulk; and are either packaged for or by the consumer at the time of sale.
h. Nonfood consumer goods offered for a period of seven (7) days or less on sale in good faith at a price below the price such commodities are usually sold for in the store, provided that the sale price is clearly indicated to the consumer at both the point of display of such goods and at the point of sale.
i. Nonfood consumer goods which are subject to uniform, across-the-board price changes in the ordinary course of business, and which are customarily marked in good faith with either an alphabetic or color code referring directly to the corresponding numerical prices displayed on signs; provided, however, that such corresponding price signs are clearly visible to the consumer at both the point of display and at the point of sale of said goods.
3. It shall be a violation of this code:
a. To stamp, tag, label or otherwise mark any item of consumer goods at a selling price greater than the selling price advertised or displayed for that item.
b. To stamp, tag, label or otherwise mark more than one (1) selling price upon an item of consumer goods offered for sale in Westchester County unless the prior selling price is unmistakably deleted or obliterated or is otherwise marked so as to indicate clearly the prior selling price is not the current selling price.
c. To sell or offer for sale any consumer goods or services at a greater price than the price displayed or advertised therefor.
d. To sell or offer for sale any consumer goods which do not have a selling price marked thereon or which do not have a selling price displayed in conformity with Subdivisions 1 or 2 of this section.