County Of Putnam
Local Law # 13 of 2012
(Passed at the Regular Full Mtg. November 13, 2012)
APPROVAL/LOCAL LAW/AMEND CHAPTER 173/CODE OF PUTNAM COUNTY ENTITLED
A Local Law to Amend Chapter 173 of the Code of Putnam County entitled “Item Pricing.”
BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF PUTNAM, as follows:
Chapter 173 of the Code of Putnam County entitled “Item Pricing” is hereby amended to
include a new section 173-8 entitled “Waiver of Item Pricing Requirements Based Upon
Pricing Accuracy; Consumer Protections,” to read as follows:
Section 173-8. Waiver of Item Pricing Requirements Based Upon Pricing Accuracy;
A. Every retail store subject to this chapter may make application in writing for a
waiver of the item pricing requirements as contained herein. The application
shall be submitted to the Director of Consumer Affairs for the County of
Putnam. A separate application shall be required for each retail store.
B. All written requests for an item pricing waiver shall include an annual, nonrefundable waiver application fee based upon the square footage of each retail
store as set forth in the following schedule:
SQUARE FOOTAGE OF RETAIL STORE WAIVER FEE
Under 3,000 sq. ft. $750.00
Between 3,001 and 10,000 sq. ft. $1,500.00
Between 10,001 and 30,000 sq. ft. $4,500.00
Between 30,001 and 60,000 sq. ft. $6,500.00
Over 60,001 sq. ft. $15,000.00
C. Waivers shall be valid for a period of one year from the date of issuance, at
which time the waiver shall expire. Retail stores must reapply annually for
renewal. The waiver fee and inspection shall be required for each annual
renewal application, as required for an original application. Late application(s)
shall be subject to a late fee as determined by the Department of Consumer
Affairs, in accordance with guidelines approved by the Putnam County
Legislature by resolution.
D. Upon receipt of an application and fee as provided in subsections A and B of
this section, the Director of Consumer Affairs shall cause to be conducted two
scanner accuracy inspections of the store for which the application has been
submitted. These inspections shall be conducted on two separate days and
shall consist of comparing the shelf, sale or advertised price of any stock
keeping unit with the computer-assisted checkout system price. (In the event
that any violations are detected, penalties shall be assessed as provided in
Section 173-6, subsection F.) If, considering both inspections together, the
number of stock keeping units found to be in violation does not exceed two
percent of all stock keeping units inspected, the Director of Consumer Affairs
shall grant the applicant a revocable waiver from item pricing requirements
provided that the applicant has paid all outstanding penalties imposed in
connection with this Local Law. Any store with a current waiver shall not be
subject to the item pricing provisions set forth in Section 173-4.
E. In the event that the inspections provided for in subsection D herein discover
total violations in excess of two percent of all stock keeping units inspected,
the Director of Consumer Affairs shall not grant a waiver to the applicant.
Such a store may reapply for a waiver by submitting another application with
the required fee within five (5) business days after being notified of the failure.
Stores which do not reapply must be in compliance with all the requirements
of §173-4 within sixty (60) days from the date of failure, and may be subject to
F. Any retail store that obtains an annual waiver from item pricing shall be
(1) Display easy-to-read and properly located shelf tags or signs on every
stock keeping unit or group of stock keeping units of the same brand,
size, and price. Shelf tags shall contain all pricing information required
by section 214-h of the New York State Agriculture and Markets law, as
such law is amended from time to time.
(2) Post a notice for the consumer, in a conspicuous location, that the item
pricing waiver has been granted. The notice shall indicate consumer
rights with respect to the accurate pricing of items and price
(3) Designate and make available the number of price check scanners set
forth in the following table to enable consumers to confirm the price of
a stock keeping item:
RETAIL SQUARE FOOTAGE NUMBER OF SCANNERS
Under 1,500 sq. ft. No price check scanners
required. However, an
item(s) shall be scanned
for the price, upon
Between 1,501 and 3,000 sq. ft. 1
Between 3,001 and 10,000 sq. ft. 2
Between 10,001 and 30,000 sq. ft. 3
Between 30,001 and 60,000 sq. ft. 4
Over 60,001 sq. ft. 5
One such price check scanner shall be capable of printing an
adhesive label containing the price of the stock keeping item. Price
check scanners shall be placed in a location convenient to
consumers with a sign with sufficient sized lettering identifying this
unit to consumers. Price check scanners may be used by retail
stores to meet unanticipated customer check-out needs.
(4) Assist county inspectors with store inspections. The retail store may
make store personnel or hand-held price scanners available to a county
inspector to assist with price accuracy inspections. Inspections of
retail stores may be unannounced, provided however, that the inspector
shall notify the store upon arrival.
(5) Item price certain stock keeping units that are too large or too heavy to
be price scanned by the consumer in a reasonably simple manner.
These stock keeping units shall include all items over six pounds of net
(6) A retail store failing to comply with any of the requirements of this
subsection F, after the County Sealer of Weights and Measures and/or
the Consumer Affairs Director and their departmental designees who
shall act as administration and enforcement officers for this chapter
and any regulations promulgated hereunder has made such
determination, shall be subject to a penalty in the amount of fivehundred ($500) dollars per violation.
G. An annual waiver shall be immediately revoked if a store falls below 98%
accuracy on two consecutive pricing accuracy inspections. Failure to meet
the scanning accuracy requirement or failure to pay the annual application fee
shall subject the retail store to the item pricing requirements of this Local Law
within ten days of the last inspection, and may be subject to additional
H. In the event that the Director of Consumer Affairs is unable to conduct
inspections pursuant to subsection D of this section within thirty (30) days of
receipt of a completed written waiver application, the Director of Consumer
Affairs shall grant a temporary waiver pending completion of the inspections.
If, upon completion, the item pricing inspections detect a violation rate in
excess of two percent, the temporary waiver shall be immediately revoked and
the item pricing provisions of this Local Law shall apply.
This local law shall take effect immediately.