Sec. 21a-401. Written agreement. Required disclosures.
Sec. 21a-401. Written agreement. Required disclosures. (a) At the time of sale,
the seller shall provide the buyer with a single written agreement in a form approved
by the Commissioner of Consumer Protection, which shall clearly and conspicuously
disclose the following: (1) The name, address and telephone number of the seller and
the name and the address of the buyer; (2) the date of the written agreement; (3) the
price of the food and nonfood items of the home food service plan; (4) the price of any
service charge associated with the home food service plan; (5) the total price of the
home food service plan including the price of the food and nonfood items, and the price
of any service charge; (6) a statement that the buyer shall have the right to cancel the
home food service plan written agreement until midnight of the third business day after
the date on which the buyer executed the written agreement or after the day on which
the seller provided the buyer with a fully executed copy of the written agreement, whichever is later, by giving written notice of cancellation to the seller. Compliance with the
provisions of chapter 740 and with federal statutes, rules or regulations governing the
form of notice of right of cancellation shall constitute satisfactory notice under this
subdivision; (7) whether substitutions of food items may be or are made, under what
circumstances such substitutions will be made, the price of such substitutions and
whether the prospective buyer has the right to refuse such substitutions; (8) the terms
and conditions of food spoilage protection, if any; (9) that the buyer is not obligated to
(A) enter into an additional home food service plan written agreement; (B) purchase an
appliance, including, but not limited to, a freezer, refrigerator-freezer or microwave
oven; (C) to purchase food spoilage protection, or (D) purchase any other product from
the seller in order to enter into a home food service plan; and (10) that within ten days
after cancellation, the seller shall return to the buyer any note or other evidence of
indebtedness and shall refund to the buyer all payments made by the buyer minus the
price of the actual amount of food and nonfood products delivered to and not returned
or tendered by the buyer following cancellation.
(b) In addition to the disclosures required in the written agreement, the following
disclosures shall be given to the buyer at the time of sale: (1) A written list of all food
and nonfood items to be sold, which shall include: (A) The identity of each item and,
where applicable, the United States Department of Agriculture quality grade of the item,
if so graded, the primal source and the brand or trade name; (B) the quantity of each
item sold; (C) the estimated serving size by net weight of each piece of meat, poultry
and seafood item offered for sale under the home food service plan, provided such
estimates shall not differ from the actual weight at the time of delivery by more than
five per cent and that the dollar value of the meat, poultry and seafood items delivered
is equal to or greater than that represented to the buyer; and (D) the net weight, measure
or count of all other food and nonfood items offered for sale; (2) a current item price
list stating in dollars and cents the price per pound or other appropriate unit of measure
and the total sale price of each item to be delivered. The price list shall clearly and
conspicuously make reference to the fact of whether there are additional costs disclosed
in the written agreement relating to any service charges associated with the purchase
of the home food service plan; (3) if a membership is sold, a written statement of all
terms, conditions, benefits, and privileges applicable to the membership.
(P.A. 92-42, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: 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.