Section 5.02 - ExemptionsSellers at retail need not comply with the provisions of 202 CMR 5.00 as to the following packaged commodities:
(1) Medicine sold by prescription only:(2) Beverages subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act.(3) Such packaged commodities which are required to be marked individually with the cost per unit of weight under the provisions of M.GL. c. 94, § 181.(4) Packaged commodities which are sold in packages containing one or two of the units of measure prescribed in 202 CMR 5.00 and which have an item price plainly marked thereon; but only the particular packaged commodity in such units shall be exempt. All other items in excess of two multiples of the unit of measure must be unit priced.(5) Packaged commodities sold by any retail establishment operated by a person as his sole place of business shall be exempt from 202 CMR 5.00 if gross annual sales are less than $1,000,000.(6) "Deal Items", such as, Cents Of i Bonus Packs, Percent Off, Half Price, or manufacturer "Pre-Priced" Items, if the same as or lower than regular selling price, provided the unit price is posted as required for "Non Deal" items.