N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 272-2.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 272-2.2 - Availability of advertised items

No person shall offer for sale at retail any food or food product at a stated price by means of any advertisement disseminated in a area served by any of his stores or places of business which are covered by the advertisement which do not have such products in stock, and readily available for sale to customers during the effective period of the advertisement, unless there is a clear and conspicuous disclosure in all such advertisements as to all exceptions and/or limitations or restrictions with respect to stores or places of business, products or prices otherwise included within the advertisements.

(a) If an advertised item is not readily available, clear and adequate notice shall be provided that the item is in stock and may be obtained upon request.

(b) It shall constitute a defense to a charge under this section if the retailer maintains records sufficient to show that the advertised products were ordered in adequate time for delivery and delivered to the stores or places of business in quantities sufficient to meet reasonably anticipated demands.

(c) It shall also constitute a defense to a charge under this section if the retailer establishes that advertised products were actually ordered in good faith, in quantities sufficient to meet reasonably anticipated demands, but were not delivered due to circumstances beyond the retailer's control and not reasonably foreseeable by him. In determining whether the retailer acted in good faith and with reasonable foresight, the commissioner shall consider all circumstances surrounding the placement of the advertisement and the nondelivery of the product. The availability of "rain checks" shall be considered by the commissioner as a relevant factor, but the existence of a "rain check" policy, in and of itself, shall not constitute compliance with this section.

N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 272-2.2

Repealed New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 6/22/2016

Adopted New York State Register December 21, 2016/Volume XXXVIII, Issue 51, eff. 12/21/2016