Sec. 21a-79a. Pilot program re test audit of alternative electronic retail pricing systems.
Sec. 21a-79a. Pilot program re test audit of alternative electronic retail pricing
systems. (a) Notwithstanding the provisions of section 21a-79 and any regulations
adopted under said section, the Commissioner of Consumer Protection may, within
available appropriations, establish a pilot program for the test audit of alternative electronic retail pricing systems that maintain and display the item and unit price of consumer
commodities, as defined in subsection (a) of section 21a-79. The commissioner shall
select one or more retailers to participate in any such pilot program in accordance with
the following requirements: A retailer participating in the pilot program shall conduct
business from one or more stores in this state on October 1, 2001. The retailer shall
submit to the commissioner a written request to participate in the pilot program and pay
all costs associated with a test audit under such pilot program. The retailer or retailers
shall implement a system to be test audited that, at a minimum, (1) maintains the retailer's
current item prices and unit prices for each product in an electronic database, (2) prints
shelf tags that meet all applicable requirements for item pricing and unit pricing in
effect on October 1, 2001, and (3) operates in such a way that (A) price decreases
are immediately transmitted directly to the point of sale, and (B) price increases are
transmitted to the point of sale only after such shelf tags are posted and such posting
has been verified in the electronic database.
(b) The commissioner may designate a private auditing organization to conduct any
such test audit and shall charge the cost of such test audit to the selected retailer or
retailers. No such test audit shall be conducted for a period exceeding twelve months.
During the test audit, such store shall be exempt from the provisions of subdivision (1)
of subsection (b) of section 21a-79 and any applicable regulations adopted under said
section.
(c) The commissioner shall report the results of each test audit conducted under any
such pilot program and any recommendations to the joint standing committee of the
General Assembly having cognizance of matters relating to consumer protection not
later than three months after the completion of such test audit. Such report shall include
a copy of any audit report prepared by the commissioner or any such private auditing
organization.
(P.A. 98-211, S. 3; P.A. 01-43; 01-195, S. 172, 181; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 01-43 amended Subsec. (a) by changing "October 1, 1998," to "October 1, 2001," renumbering Subdivs.
(3)(A) to (3)(C)(ii) as Subdivs. (1) to (3)(B) and making technical changes and amended Subsec. (b) by expanding applicability to multiple retailers and extending audit period from 6 months to 12 months; P.A. 01-195 made a technical change
in Subsec. (a), effective July 11, 2001; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with
Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30
Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective
June 1, 2004.