N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 272-2.3

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

Section 272-2.3 - Mispricing of advertised items

(a) No person shall offer for sale at retail any food or food product at a stated price by means of any advertisement disseminated in an area served by any of his stores or places of business which are covered by the advertisement which do not have such products conspicuously and readily available for sale to customers at or below the advertised prices, 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.

(b) In determining whether this section will be applied, the commissioner shall consider all circumstances surrounding failure to make advertised items conspicuously and readily available for sale at or below the advertised prices but were not made available at those prices due to circumstances beyond the advertiser's control.

N.Y. Comp. Codes R. & Regs. Tit. 1 §§ 272-2.3

Repealed New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff. 6/22/2016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