ORDINANCE _________________

AN ORDINANCE related to unit price regulation; allowing additional units of measure for unit pricing; revising the manner in which unit prices are computed and displayed; and amending Sections 7.12.010, 7.12.020, 7.12.030, 7.12.040, and 7.12.050 of the Seattle Municipal Code.

WHEREAS, unit prices displayed in grocery retailers provide information necessary for consumers to make value comparisons; and

WHEREAS, revisions to the City's Unit Price Code (SMC Chapter 7.12) are desirable to maintain consistency with the Uniform Unit Pricing Regulations adopted by the National Conference on Weights and Measures; and

WHEREAS, the proposed revisions will provide more flexibility for the grocery industry in unit pricing practices, and simplify compliance by retailers with the Unit Price Code; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 7.12.010 of the Seattle Municipal Code is hereby amended as follows:

7.12.010 Definitions.

As used in this chapter, unless the context indicates otherwise:

A. "Central warehouse" means the primary and principal source of supply for a particular grocery store or grocery department of the consumer commodities designated in Section 7.12.030.

BA. "City Sealer" means The City of Seattle Sealer of Weights and Measures or his authorized agent.

CB. "Consumer" means any person who purchases consumer commodities at retail.

DC. "Consumer commodity" means any article, product, or commodity of any kind or class produced or distributed for retail sale, for consumption by individuals or for use by individuals for purposes of personal care, or in the performance of personal care, or in the performance of services rendered within the household, and which is used or expended in the course of such consumption.

ED. "Convenience store" means any grocery store or grocery department which as a regular business practice displays or offers for sale at the same time only one (1) brand and one (1) package size for at least ninety percent (90%) of the consumer commodities which are offered for sale at such store or department and which are designated in Section 7.12.030.

FE. "Gourmet or exotic food" means a consumer commodity which is not commonly or widely used, is the sole item of the type sold, or has such special, distinct, unusual, or unique features, that price is of minor consideration to the purchaser.

GF. "Grocery store" or "grocery department" means any retail establishment or department thereof, selling food and foodrelated consumer commodities, the gross receipts from which constitute more than fifty percent (50%) of its business.

HG. "Seller" means any person, by himself, or by his servant or agent, or as the servant or agent of another, who sells consumer commodities at retail at a grocery store or grocery department.

IH. "Unit price" means the retail price of a consumer commodity expressed in terms of the retail price of such commodity per such unit of net weight, standard measure, or standard number of units as provided in this chapter.

Section 2. Section 7.12.020 of the Seattle Municipal Code is hereby amended as follows:

7.12.020 Unit pricing required in grocery stores and grocery departments.

It is unlawful for any grocery store, grocery department, or seller therein, who or which sells, offers for sale, or displays for sale consumer commodities designated in Section 7.12.030 to fail to disclose to the consumer the appropriate unit price for such commodities as provided by this chapter. The price disclosed shall be the price at which the consumer commodity is being sold at the time of purchase, and shall be referred to in any advertising or other display only as the unit price. Conspicuous and prominent explanations of the use of unit pricing shall be provided and displayed by each grocery store or grocery department, which explanation shall include an enlarged sample unit price stamp, tag, sign, or label and such additional information as may be required by the City Sealer by regulation consistent with this chapter.

Section 3. Section 7.12.030 of the Seattle Municipal Code is hereby amended as follows:

7.12.030 Commodities to be unit priced.

A. The following groups of consumer commodities as defined in this chapter shall be unit priced as provided in this chapter in the appropriate unit of measure terms for unit pricing established by the City Sealer in accordance herewith:

A. All packaged consumer commodities that are meant for consumption as food by individuals;

B. Pet food, pet litter and pet bedding;

C. Paper based household products and other food wrappings or bags of any composition; and

D. Laundry and cleaning products.

1. Cereals, including cold, dried, prepared, powdered or instant cereals;

2. Grains, meals, rice, lentils, pastas, flour, cornstarch, and all mixes or dried foods containing such products or byproducts thereof;

3. Frozen, bottled and canned vegetables, including vegetable products and bottled and canned sauces derived there from;

4. Frozen, bottled and canned fruits, including fruit products and bottled and canned sauces derived there from;

5. Cooking oils, shortening, and salad oils, including derivations and imitations thereof;

6. Packaged, canned and bottled prepared food mixes, including but not limited to pastry mixes, pancake mixes, pizza mixes and dessert mixes;

7. Canned and bottled food sauces not heretofore mentioned, including but not limited to gravies, dessert sauces, mixes, mustard and tartar sauce;

8. Instant food products, including but not limited to instant breakfast, instant powdered milk, and liquid diet foods;

9. Canned and bottled jams, jellies, preserves, syrups, honey and honey products, and derivatives thereof, but excluding honeycomb;

10. Peanut butter;

11. Packaged foods not heretofore mentioned, including but not limited to nuts, raisins, dried and candied fruit;

12. Frozen foods, excluding prepared meals, ice cream, ice milk, sherbets, ice cream novelties, and imitations thereof;

13. Cheeses, prepared party dips, prepared salads, prepared salad dressings and toppings, and derivatives thereof;

14. Bottled and canned seafood, seafood products and imitations thereof;

15. Bottled and canned meat, meat products, and imitations thereof;

16. Bottled and canned poultry, poultry products and imitations thereof;

17. Canned, bottled, packaged and prepared baby foods;

18. Bottled and canned soups;

19. Sugar, salt, pepper, tenderizers, vinegar, baking powder, and all derivatives and imitations thereof, but excluding other spices and herbs;

20. Pet foods;

21. Toilet tissue, paper towels, paper napkins, facial tissue, paper cups, paper plates, sanitary napkins, waxed paper and other food wrappings or bags of any composition, shelf paper and contact paper;

22. Laundry and cleaning products, including detergents, soaps, bleaches, scouring pads and powders, and all other household cleaning products;

23. Air fresheners, disinfectants, waxes, household polishes and polish removers;

24. Coffee, tea, and cocoa or chocolate, including instant, powdered and dried forms thereof;

25. Powdered and instant drink products;

26. Such other consumer commodities as the City Sealer shall determine after public hearing to be similar to any of the above.

B. Provided, that no consumer commodity determined by the City Sealer after public hearing to be a gourmet or exotic food, or not available to the seller through a central warehouse, shall be required to be unit priced. provided further, that specific consumer commodities not available to a grocery store or grocery department through a central warehouse shall nevertheless be unit priced if the City Sealer shall determine after public hearing, that such consumer commodity is commonly and widely used, or is not the sole item of the type sold.

Section 4. Section 7.12.040 of the Seattle Municipal Code is hereby amended as follows:

7.12.040 Units of measure to be used Terms for Unit Pricing.

A. The City Sealer shall determine as to all For consumer commodities required to be unit priced, the appropriate standard unit of measure which terms for unit pricing shall be the same for all package sizes in which a commodity is like commodities are sold or available offered for sale, and shall be based upon typical sizes or quantities of such commodities and consistent with the following:

Type of Commodity Unit of Measure

1. Commodities whose net quantity is expressed in units of ounces or pounds....Pound

2. Commodities whose net quantity is expressed in units of liquid ounces, quarts or gallons....Pint

3. Commodities whose net quantity is expressed in numerical count....One hundred items

4. Commodities whose net quantity is expressed in units of area....Square yard

5. Commodities whose primary declaration of net weight is expressed in the metric system....Kilogram (kg)

6. Commodities whose net quantity is expressed in units of linear feet or inches....Linear foot

7. Commodities whose primary declaration of length is expressed in the metric system....meter (m)

8. Commodities whose primary declaration of volume is expressed in the metric system....liter (l)

9. Commodities whose primary declaration of cubic area is expressed in the metric system....cubic meter (m3)

10. Commodities whose primary declaration of square area is expressed in the metric system....square meter (m2>)

1. Price per kilogram or one hundred (100) grams, or price per pound or ounce, if the net quantity of contents of the commodity is in terms of weight.

2. Price per liter or one hundred (100) milliliters, or price per dry quart or dry pint, if the net quantity of contents of the commodity is in terms of dry measure or volume.

3. Price per liter or one hundred (100) milliliters, or price per gallon, quart, pint, or fluid ounce, if the net quantity of contents of the commodity is in terms of liquid volume.

4. Price per individual unit or multiple units if the net quantity of contents of the commodity is in terms of count.

5. Price per square meter, square decimeter, or square centimeter, or price per square yard, square foot, or square inch, if the net quantity of contents of the commodity is in terms of area.

B. Provided, commodities which weigh one (1) liquid ounce, one (1) ounce avoirdupois or 28.35 grams or less shall not be required to be unit priced; If the net contents of different brands and/or package sizes of a consumer commodity are expressed in more than one unit of measure, the retail establishment shall use only one term for unit pricing all items of the consumer commodity.

C. When metric units appear on the consumer commodity in addition to other units of measure, the retail establishment may include both units of measure on any stamps, tags, labels, signs or lists.

D. Commodities shall be exempt from unit pricing requirements when:

1. Packaged in quantities of less than twenty-eight (28) grams (one (1) ounce) or twenty-nine (29) milliliters (one (1) fluid ounce), or when the total retail price is Fifty Cents ($.50) or less;

2. Only one brand in one package size is offered for sale in a particular retail establishment;

3. Selling infant formula, in which case the unit price may be based on the reconstituted volume. "Infant formula" means a food that is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or suitability as a complete or partial substitute for human milk;

4. Determined by the City Sealer to be a gourmet or exotic food as defined in this chapter; or

5. Determined by the City Sealer to be a Combination or Variety Package as defined in SMC Sections 7.04.305 and 7.04.310, respectively, as such sections may be amended from time to time, or any successor to those sections.

C. Provided further, that as to any unit of measure so determined, the City Sealer shall cause to be held a public hearing upon receipt of written objections thereto stating the reasons therefore filed with the City Sealer by not less than twenty-five (25) citizens.

Section 5. Section 7.12.050 of the Seattle Municipal Code is hereby amended as follows:

7.12.050 Computation to nearest one-hundredth of one cent Computation of unit price.

The unit price disclosed shall be computed to the nearest onehundredth of one cent ($.0001), and

A. If computed to be between one-hundredth of one cent and fourhundredths of one cent, inclusive of both figures, shall be rounded to the next lowest one-tenth of one cent ($.001) for display purposes;

B. If computed to be between five-hundredths of one cent and nine-hundreths of one cent, inclusive of both figures, shall be rounded to the next highest one-tenth of one cent for display purposes.

A. The unit price shall be stated to the nearest cent when the unit price is One Dollar ($1.00) or more.

B. When the unit price is less than One Dollar ($1.00), it shall be stated either to the tenth of one cent or to the whole cent, but not both. The retail establishment shall use the same method of rounding up or down when computing the unit price.

Section 6. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2005, and signed by me in open session in authentication of its passage this _____ day of __________, 2005.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2005.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2005.

____________________________________

City Clerk

(Seal)

Craig Leisy

DEA 2005 Unit Price Code Ordinance

May 24, 2005

version #5a

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