T A B L E O F C O N T E N T S P RT I A ... - Broome County

§ 102-5 BROOME COUNTY CODE § 102-5
(2) If a consumer good or service is to be given free upon the purchase of some
additional merchandise or service, said additional service or merchandise must not
be sold at above the regular price, nor may the quantity or quality of the produce
be diminished.
(3) The use of any term in any advertisement which tends to indicate that the good or
service is free shall fall within the purview of this code.
(4) For the purposes of this regulation the following definitions shall apply:
(a)
(b)
(c)
Free. The term "free" shall mean that a consumer shall pay nothing for an
article so offered and not more than the regular price for any other article
which must be purchased by the consumer in order to avail himself or herself
of said "free" offer.
Regular price. The term "regular price" shall mean the price, in the same
quantity, quality and with the same service, at which the seller or advertiser
of said product or service has openly and actively sold the product or service
in the trade area in which he is making a "free" or similar offer for a period
of 10 days. For consumer products or services which fluctuate in price, the
"regular price" shall be the lowest price at which any substantial sales were
made during the aforesaid ten-day period.
In addition to the above, the Consumer Services Specialist, based on unusual
marketing conditions, may determine that the ten-day period is inappropriate
and reduce the same.
N. Use of the words "special," "bargain," "savings" or similar language, except as herein
provided:
(1) When the words "special," "bargain," "savings" or similar language represent a
reduction in price in comparison to one's own price at a past or specified future
time.
(2) When the words "special," "bargain," "savings" or similar language represent an
increase in quantity where quantity was limited in the immediate past or will be
limited at a specified future time.
O. Advertising price shall be deemed a "deceptive trade practice" if any of the following
rules are violated:
(1) When price is advertised in dollar amounts and fractions thereof, said numbers
indicating the fractional amounts must be clear and conspicuous in the body of
such advertisement.
(2) The price advertised must be clearly and conspicuously related to a specific
consumer good or service.
(3) If at any time there are substantial conditions or obligations upon which the right
to take advantage of a sale item is dependent, such conditions or obligations must
be made known in the body of the advertisement of such sale in a manner which is
102:4 02 - 01 - 2010