2022 Connecticut General Statutes
Title 21a - Consumer Protection
Chapter 417 - General Provisions. Pure Food and Drugs
Section 21a-79b. - Consumer commodity. Price at point of sale higher than posted or advertised price. Sign. Coupon. Warning citation or civil penalty. Exemptions.
(a) For the purposes of this section, “consumer commodity” has the same meaning as provided in section 21a-79.
(b) (1) Notwithstanding the provisions of section 21a-79, and except as provided in subdivision (2) of this subsection, if a retailer offers to a consumer a consumer commodity, including, but not limited to, any fruit or vegetable weighed at the point of sale, and the price of the consumer commodity to the consumer at the point of sale is greater than the advertised or posted retail price for such consumer commodity, such retailer shall give such consumer commodity to such consumer, at no cost to such consumer, if the value of such consumer commodity is not more than twenty dollars. Retailers shall post a sign, in a conspicuous location, which adequately discloses to consumers that in the event the retail price of a consumer commodity is greater than the advertised or posted retail price for the consumer commodity, the retailer shall give such consumer commodity to the consumer at no cost to the consumer.
(2) The provisions of subdivision (1) of this subsection shall not apply to a retailer if the retailer (A) improperly fails to redeem a digital or paper coupon which, if properly redeemed, would reduce the price of a consumer commodity, or (B) fails to remove a sign adjoining a consumer commodity and disclosing a time-limited reduced price for the consumer commodity after the time period specified for such reduced price has expired.
(c) Notwithstanding the provisions of section 21-79 and except as provided in subsection (b) of this section, if a consumer presents a digital or paper coupon which, if properly redeemed, would reduce the price of a consumer commodity, including, but not limited to, any fruit or vegetable weighed at the point of sale, and the retailer fails to properly redeem such coupon, such retailer shall provide to the consumer a refund in an amount that is equal to the value of such coupon. If a retailer offers a consumer commodity, including, but not limited to, any fruit or vegetable weighed at the point of sale, for sale at a reduced price for a specified time period, and a sign disclosing such reduced price remains adjacent to the consumer commodity after expiration of such time period, the retailer shall only require a consumer to pay the reduced price disclosed in such sign for such consumer commodity.
(d) The Commissioner of Consumer Protection, after providing notice and conducting a hearing in accordance with the provisions of chapter 54, may issue a warning citation to, or impose a civil penalty of not more than one hundred dollars for the first offense and not more than five hundred dollars for each subsequent offense on, any person who, or association, corporation, firm or partnership that, violates any provision of subsection (b) or (c) of this section. Each violation with respect to all units of a particular consumer commodity on any single day shall be deemed a single offense.
(e) The provisions of this section do not apply to any person, association, corporation, firm or partnership operating in a retail sales area of not more than ten thousand square feet.
(P.A. 12-15, S. 2; P.A. 14-122, S. 125; P.A. 22-104, S. 35.)
History: P.A. 12-15 effective July 1, 2012; P.A. 14-122 made technical changes in Subsec. (a); P.A. 22-104 amended Subsec. (a) by redefining “consumer commodity” and Subsec. (b) by designating existing provisions as Subsec. (b)(1), added Subsecs. (b)(2) and (c) re improperly redeemed coupons and failure to remove signs, redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e), and made technical and conforming changes, effective May 24, 2022.
