§ 21-35-3 - Contract and disclosure requirements at the time of sale.
SECTION 21-35-3
§ 21-35-3 Contract and disclosurerequirements at the time of sale. – (a) The seller shall provide the buyer with a single document, referred to inthis subsection as the "written agreement", which shall clearly andconspicuously disclose the following:
(1) The name, address and telephone number of the seller andthe name and address of the buyer;
(2) The date of the contract;
(3) The price of the food and non-food items of the home foodservice plan;
(4) The price of any service charge associated with the homefood service plan;
(5) The total price of the home food service plan includingthe price of the food and non-food items, and the price of the service charge;and
(6) A statement that the buyer shall have the right to cancelthe home food service plan contract until midnight of the third (3rd) businessday after the date on which the buyer executed the contract or after the day onwhich the seller provided the buyer with a fully executed copy of the contract,whichever is later, by giving written notice of cancellation to the seller. Anotice in the form provided in federal or state statutes, rules or regulationsgoverning form of notice of right of cancellation, shall be deemed satisfactorynotice of the requirements of this subsection.
(b) In addition to the disclosures required by this sectionon the written agreement, the following disclosures are required to be providedto the buyer in additional contract documents at the time of sale:
(1) A written list of all food and non-food items to be sold,which shall include:
(i) The identity of each item and, where applicable, the USDAquality grade; the primal source; and the brand or trade name;
(ii) The quantity of each item;
(iii) The estimated serving size by net weight of each priceof meat, poultry and seafood item offered for sale under the home food serviceplan; provided, that these estimates shall not differ from the actual weight atthe time of delivery by more than five percent (5%), and that the dollar valueof the meat, poultry and seafood items delivered is equal to or greater thanthat represented to the buyer; and
(iv) The net weight, measure or count of all other food andnon-food items offered for sale;
(2) A dated item price list stating in dollars and cents theprice per kilogram or pound or other applicable unit of measure, and the totalsale price of each food item to be delivered. This price list shall clearly andconspicuously make reference to whether there are additional costs disclosed inthe written contract relating to any "service charges" associated with thepurchase of the home food service plan;
(3) If a membership is sold, a written statement of allterms, conditions, benefits and privileges applicable to the membership.