(1) Overcharges found in a sample selected using the procedures
adopted pursuant to subdivision three of this section, when overcharges
number more than two percent of the sample. Each such overcharge may be
considered a separate violation provided, however, that any overcharge
for a single stock-keeping unit that includes more than one item in such
unit shall count as a single violation and not as separate violations
for each item in the stock-keeping unit.
(2) A large overcharge found on an individual item.
(3) An overcharge verified in response to a consumer complaint.
(4) Overcharges found on follow-up inspections of items ordered
corrected.
(5) Failure to disclose the retail price of a stock-keeping unit
pursuant to paragraph a of subdivision two of this section.
(6) Failure to conspicuously post a refund policy pursuant to
paragraph d of subdivision two of this section.
5. Local pricing laws. Nothing in this section shall be construed to
prohibit a political subdivision of the state from continuing to
implement and enforce any local pricing law or regulation in effect
prior to the effective date of this section. Where a political
subdivision has a local pricing law in effect prior to the effective
date of this section, the provisions of this section shall have no force
and effect until such time as the political subdivision repeals its
local pricing law. Any political subdivision of the state not having any
local pricing law or regulation in effect prior to the effective date of
this section shall adopt and implement the pricing accuracy provisions
set forth in this section or by regulations adopted pursuant to this
section.
Structure New York Laws
Article 16 - Weights and Measures
176 - Declaration of Policy and Purpose.
177 - Authorized Systems of Weights and Measures; Basic Units.
178 - Physical Standards of Weights and Measures.
179 - Powers and Duties of the Commissioner.
180 - Municipal Directors of Weights and Measures.
181 - Powers and Duties of Municipal Directors; Prosecution for Violations; Local Fees.
182 - Notification and Use of Weighing and Measuring Devices.
183 - Sealing of Approved Devices.
184 - Condemnation, Seizure or Repair of False Devices.
185 - Stop-Use, Stop-Removal and Removal Orders.
186 - Possession and Use of False Devices; Responsibility.
187 - Oscillation of Weighing Devices.
188 - Service Charge Based on Quantity.
189 - Method of Sale of Commodities Generally.
190 - Method of Sale of Food and Food Products.
190-A - Home Food Service Plan Sales.
190-B - Sale of Meat in Bulk or on a Gross or Hanging Weight Basis.
192 - Sale and Delivery of Petroleum Products.
192-A - Fuel Octane Labelling Requirements.
192-B - Fuel Lead Content Labelling and Requirements.
192-C - Motor Fuel Standards and Labelling; Grade of Diesel Fuel; Alcohol Content.
192-E - Sale and Delivery of Liquefied Petroleum Gas.
192-F - Bulk Sales or Transportation; Coal and Coke.
192-G - Methyl Tertiary Butyl Ether; Prohibited.
192-H - Alternate Generated Power Source at Retail Gasoline Outlets.
193 - Fair Packaging and Labeling of Containers.
195 - Licensing of Weighmasters; Duties.
195-A - Weight Tickets Issued in Other States.
197 - Construction of Contracts.
197-A - Weights and Measures Fees.
197-B - Retail Pricing Accuracy.