Revised Code of Washington
Chapter 19.94 - Weights and Measures.
19.94.390 - Price not to be misleading, deceiving, misrepresented—Fractions—Examination procedure standard—Department may revise—Electronic scanner screen visibility.

RCW 19.94.390
Price not to be misleading, deceiving, misrepresented—Fractions—Examination procedure standard—Department may revise—Electronic scanner screen visibility.

(1) Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and one-half the width of the numerals representing the whole cents.
(2) The examination procedure recommended for price verification by the price verification working group of the laws and regulations committee of the national conference on weights and measures (as reflected in the fourth draft, dated November 1, 1994) for devices such as electronic scanners shall govern such examinations conducted under this chapter. The procedure shall be deemed to be adopted under this chapter. However, the department may revise the procedure as follows: The department shall provide notice of and conduct a public hearing pursuant to chapter 34.05 RCW to determine whether any revisions to this procedure made by the national institute of standards and technology or its successor organization for incorporating the examination procedure into an official handbook of the institute or its successor, or any subsequent revisions of the handbook regarding such procedures shall also be adopted under this chapter. If the department determines that the procedure should be so revised, it may adopt the revisions. Violations of this section regarding the use of devices such as electronic scanners may be found only as provided by the examination procedures adopted by or under this subsection.
(3) Electronic scanner screens installed after January 1, 1996, and used in retail establishments must be visible to the consumer at the checkout line.

[ 2000 c 171 § 64; 1995 c 355 § 20; 1969 c 67 § 39.]
NOTES:

Application—Effective dates—1995 c 355: See notes following RCW 19.94.015.

Structure Revised Code of Washington

Revised Code of Washington

Title 19 - Business Regulations—Miscellaneous

Chapter 19.94 - Weights and Measures.

19.94.005 - Findings.

19.94.010 - Definitions—Director may prescribe by rule.

19.94.015 - Commercial use of instrument or device—Registration—Fees.

19.94.150 - Standards recognized.

19.94.160 - State standards.

19.94.163 - Testing by department—Ensuring enforcement—Issuance of seal of approval—Exception.

19.94.175 - Registration—Inspection and testing—Fees—Report.

19.94.185 - Deposit of moneys—Weights and measures account—General fund.

19.94.190 - Enforcement—Rules—Penalties.

19.94.205 - Correct and incorrect—Instruments, devices, weights, measures—When deemed.

19.94.216 - Department inspection—City sealer—Fees.

19.94.220 - Investigations.

19.94.230 - Inspections and tests to determine conformity to law—Off sale order—Marks, tags, stamps.

19.94.240 - Stop-use, stop-removal, and removal orders.

19.94.250 - Inspection of instrument or device to determine if correct—Rejection or seizure—Confiscation or destruction—Use of incorrect instrument or device—Notice.

19.94.255 - Correction of rejected weights and measures.

19.94.258 - Service agent—Registration certificate.

19.94.2582 - Service agent—Registration certificate—Renewal—Competency examination—Fee—Decision—Denial—Notice—Refund.

19.94.2584 - Service agent—Registration certificate—Revocation, suspension, refusal to renew—Appeal.

19.94.260 - Rejection—Seizure for use as evidence—Entry of premises—Search warrant.

19.94.265 - Grievances—Procedure—Notice—Hearing—Rules.

19.94.280 - City sealers and deputies—Appointment, removal—Record, report—Testing of devices and instruments—Seal of approval.

19.94.310 - City sealers and deputies—Duties of governing body—Sealer to have standards comparison made every two years.

19.94.320 - City sealers—Director—General oversight powers, concurrent authority—Powers and duties of chapter are additional.

19.94.325 - Service agent—Inspection and testing of weights and measures—Seal of approval—Fees—Violation—Penalty.

19.94.340 - Sale of commodities—Measurement—Exceptions—Rules to assure good practice and accuracy.

19.94.350 - Packaged commodities in intrastate commerce—Declaration of contents on outside—Rules.

19.94.360 - Declaration of price on outside of package.

19.94.370 - Misleading wrappers, containers of packaged commodities—Standards of fill required.

19.94.390 - Price not to be misleading, deceiving, misrepresented—Fractions—Examination procedure standard—Department may revise—Electronic scanner screen visibility.

19.94.400 - Meat, fish, poultry to be sold by weight—Exceptions.

19.94.410 - Butter, margarine to be sold by weight.

19.94.420 - Fluid dairy products to be packaged for retail sale in certain units.

19.94.430 - Packaged flour to be sold by weight.

19.94.440 - Commodities sold in bulk—Delivery tickets.

19.94.450 - Solid fuels to be sold by weight, cubic measure—Delivery tickets.

19.94.460 - Heating oils—Delivery tickets—Statements.

19.94.470 - Berries and small fruit.

19.94.480 - Fractional units as fractional value.

19.94.485 - Contracts—Construction.

19.94.490 - Obstruction of director or sealer in performance of duties—Penalty.

19.94.500 - Impersonation of director or sealer—Penalty.

19.94.507 - Gasoline delivered to service stations—Invoice required.

19.94.510 - Unlawful practices—Penalty.

19.94.515 - Unlawful commercial use of instrument or device—Penalty.

19.94.517 - Incorrect commercial instrument or device to benefit of owner/operator—Penalties—Appeal.

19.94.520 - Injunction against violations.

19.94.530 - Proof of existence of weighing or measuring instrument or device presumed proof of regular use.

19.94.540 - Antifreeze products—Use of aversive agent.

19.94.542 - Antifreeze products—Aversive agents—Limitation of liability.

19.94.544 - Antifreeze products—Aversive agents—Application.

19.94.550 - Electric vehicle supply equipment—Publicly available.

19.94.555 - Electric vehicle supply equipment exemptions.

19.94.560 - Electric vehicle service provider disclosures.

19.94.565 - Department rules for electric vehicle service providers.

19.94.570 - Electric vehicle supply equipment interoperability standards.

19.94.575 - Electric vehicle service providers operating one or more publicly available level 2 electric vehicle supply equipment or direct current fast charger electric vehicle supply equipment.

19.94.580 - Electric vehicle service provider penalties.

19.94.585 - Charging session—Consumer data disclosure.

19.94.900 - Chapter cumulative and nonexclusive.

19.94.920 - Effective date—1992 c 237.