The Vermont Statutes Online

Title 6: Agriculture

Chapter 037: Retail Pricing

• § 680. Purpose

  The purpose of this chapter is to promote and facilitate the following objectives:

  (1) protect consumers, promote accuracy, and encourage constructive and useful competition in the sale of consumer commodities when an individual is physically present to complete transactions;

  (2) encourage the development and use of consumer commodity pricing that facilitates informed consumer choices when purchasing consumer commodities;

  (3) prohibit misleading or deceptive consumer commodity pricing practices; and

  (4) promote a level playing field for retail businesses by providing clear rules for businesses to follow while ensuring informed consumer choices. (Added 2025, No. 167 (Adj. Sess.), § 3, eff. July 1, 2026.)

• § 681. Definitions

  As used in this chapter:

  (1) “Secretary” means the Secretary of Agriculture, Food and Markets.

  (2) “Consumer commodity” means any product or commodity of any kind or class, except for drugs sold only by prescription or food sold by a restaurant or made-to-order, including:

  (A) items retail establishments customarily sell to individuals for consumption or use for personal care, or to perform services that are often rendered in or around the household; and

  (B) that usually are consumed or expended during consumption or use.

  (3) “Unit price” means the total selling price of a consumer commodity expressed by the price per standard unit of weight, measure, count, area, or length as adopted by the National Council on Weights and Measures and published by the National Institute of Standards and Technology in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality.

  (4) “Convenience store” means a type of retail establishment that sells a limited number of everyday items such as motor fuel, tobacco products, made-to-order food, snacks, and beverages that serve as a quick, accessible retail option for consumers who typically purchase a small number of products and that does not offer a sufficient quantity of consumer commodities to make unit pricing as useful to consumers. “Convenience store” does not include a grocery store, drug store, dollar store, or any other type of store. The Secretary has the discretion to determine whether a retail establishment is a convenience store.

  (5) “Electronic shelf label” is an electronic display that retailers can use to present a product’s name, price, unit price, and other information on a small wired or wireless panel, usually on the edge of a store shelf.

  (6) “Individual” means any person, partnership, company, corporation, association, or society.

  (7) “Limited time” or “limited-time” means a period of not more than 60 days.

  (8) “Made-to-order” means food prepared at the time of order or sold from retail cases displaying product in bulk or in servings prepared on the premises. Made-to-order foods may be sold by weight, measure, or count, including piece, portion, or serving. Made-to-order food does not include ready-to-eat foods that are prepackaged for an individual to select.

  (9) “Real-time dynamic pricing” means a pricing strategy that allows prices to change immediately based on evolving market trends and demand.

  (10) “Retail establishment” means a store that sells consumer commodities to individuals when they are physically present to inspect, select, and purchase product, except when a store is primarily engaged in selling food for consumption on the premises, or is primarily engaged in a specialty trade that the Secretary determines would be unreasonable to regulate as a retail establishment.

  (11) “Retail space” means an area that a retail establishment operates or controls where individuals may inspect and select consumer commodities for purchase.

  (12) “Total selling price” means the price assigned to a consumer commodity and at which said consumer commodity is to be, and is, sold to an individual. (Added 1971, No. 240 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2025, No. 167 (Adj. Sess.), § 3, eff. July 1, 2026.)

• § 682. Consumer information required

  (a) Every retail establishment that sells, offers for sale, or exposes any consumer commodity for sale at retail shall disclose to individuals the accurate total selling price of that commodity.

  (b) Every retail establishment that sells, offers for sale, or exposes for sale at retail any consumer commodity shall disclose to individuals the accurate unit price of that commodity. (Added 1971, No. 240 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2025, No. 167 (Adj. Sess.), § 3, eff. July 1, 2026.)

• § 683. Means of disclosure

  (a) Every retail establishment shall disclose the total selling price and unit price in compliance with the standards adopted and amended by the National Council on Weights and Measures and published by the National Institute of Standards and Technology in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality.

  (b) The words “Unit Price” shall appear adjacent to the displayed unit price.

  (c) The total selling price and unit price information shall include a description of the commodity, and size, and be physically located on the commodity, or as close as practical to it while clearly identifying the applicable commodity.

  (d) The total selling price and unit price information shall be presented boldly, clearly, and conspicuously and shall be as large as practical and not smaller than 7/32 inch in height.

  (e) The total selling price and unit price information shall exclude any deposit as part of the price but shall indicate that a deposit is required when a deposit is required.

  (f) The total selling price shall be simultaneously displayed to individuals at each check-out location as consumer commodities are processed at the point of sale to allow consumers an opportunity to assess prices and inquire about all prices that may be inaccurate.

  (g) The use of electronic shelf labels to increase prices or otherwise use real-time dynamic pricing to increase prices when a retail establishment is open to the public is prohibited. Retail establishments may only increase prices on electronic shelf labels during business hours to correct genuine and documented pricing errors and shall inform individuals present in the store of the price correction. (Added 1971, No. 240 (Adj. Sess.), § 3, amended 2003, No. 42, § 2, eff. May 27, 2003; amended 2021, No. 105 (Adj. Sess.), § 84, eff. July 1, 2022; 2023, No. 6, § 45, eff. July 1, 2023; 2025, No. 167 (Adj. Sess.), § 3, eff. July 1, 2026.)

• § 683a. Required compliance and enforcement

  Retail establishments are responsible for furnishing accurate price information to individuals and are subject to enforcement for any violations of this chapter, including violation of requirements adopted by this chapter found in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality. (Added 2025, No. 167 (Adj. Sess.), § 3, eff. July 1, 2026.)

• § 684. Repealed. 1973, No. 50.

• § 685. Secretary’s powers

  The Secretary may:

  (1) exempt any class of retail establishments from any or all requirements of this chapter if the Secretary determines that the sale of consumer commodities is incidental to the class of retail establishments’ business, or that compliance with this chapter is unreasonable and unnecessary to adequately protect individuals; and

  (2) adopt rules necessary to effectuate the provisions of this chapter. (Added 1971, No. 240 (Adj. Sess.), § 5; amended 1991, No. 200 (Adj. Sess.); 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 85, eff. July 1, 2022; amended 2025, No. 167 (Adj. Sess.), § 3, eff. July 1, 2026.)

• § 686. Exemptions

  (a) The unit price requirements of this chapter shall not apply to consumer commodity sales as follows:

  (1) At a retail store with less than 7,000 square feet of floor space dedicated to the sale of consumer commodities. This exemption shall not apply to retail establishments of a company having two or more sales locations as parts of that company.

  (2) Convenience stores.

  (3) When different brands or products are commingled in one receptacle for a limited-time one-priced sale.

  (4) When commodities are individually marked with a clearance or sale tag and are located in a clearance or limited-time sale section of the store. Clearance or limited-time sale sections may be on a shelf or multiple shelves, or in another defined area of the store.

  (5) When the unit price is identical to the total selling price.

  (6) When the item falls into one of the following categories:

  (A) seasonal decorations; or

  (B) beverages subject to the Federal Alcohol Administration Act packing and labeling requirements.

  (b) The total selling price requirements of this chapter shall not apply when all items in a retail establishment have the same total selling price. (Added 1971, No. 240 (Adj. Sess.), § 6; amended 1989, No. 198 (Adj. Sess.), § 1, eff. Jan. 1, 1991; 2025, No. 167 (Adj. Sess.), § 3, eff. July 1, 2026.)

• § 687. Penalty

  A retail establishment that violates this chapter is subject to the penalties and provisions in sections 15, 16, and 17 of this title. (Added 1971, No. 240 (Adj. Sess.), § 7; amended 2025, No. 167 (Adj. Sess.), § 3, eff. July 1, 2026.)