PRINTER'S NO. 1144
No. 1034 Session of 1987
INTRODUCED BY FREEMAN, SAURMAN, TRELLO, RYBAK, CAPPABIANCA,
J. TAYLOR, TIGUE, PRESTON, VEON, NAHILL, YANDRISEVITS, COHEN,
GRUPPO, BLACK, JOSEPHS, ITKIN, MRKONIC, PERZEL, RAYMOND,
MELIO, WIGGINS AND McHALE, APRIL 8, 1987
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 8, 1987
AN ACT
1 Providing limitations on the use of computerized checkout
2 registers in retail stores, including retail grocery stores.
3 With the advent of the use of computerized checkout registers
4 in retail stores, consumers cannot ascertain the price of
5 certain items which are price-marked with only a computer code
6 and cannot verify the total cost at the checkout register
7 because there is no pricing viewer available to the consumer to
8 read.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the Computerized
13 Checkout Register Act.
14 Section 2. Requirements.
15 A store owner who uses computerized checkout registers shall:
16 (1) Clearly and accurately mark the items which are for
17 sale in his store by indicating the price of the item on the
1 item so that a consumer can ascertain the price of that item
2 at the time of selection.
3 (2) Provide a viewing screen at the checkout register on
4 which a consumer can see the price of each item as it is
5 being recorded by the computerized register so that the
6 consumer can verify the cost of the item being purchased.
7 Section 3. Enforcement.
8 (a) Injunction.--Whenever the Attorney General or a district
9 attorney has reason to believe that any person is using or is
10 about to use any method, act or practice which violates this
11 act, he may bring an action in the name of the Commonwealth
12 against the person to restrain, by temporary or permanent
13 injunction, the use of such method, act or practice.
14 (b) Assurance of voluntary compliance.--The Attorney General
15 or district attorney may accept an assurance of voluntary
16 compliance with respect to any method, act or practice deemed to
17 be in violation of this act from any person who has engaged or
18 was about to engage in such method, act or practice. The
19 assurance shall be in writing and shall be filed with the court
20 of common pleas of the judicial district in which the grocery
21 store is located and with the Bureau of Consumer Protection. The
22 assurance of voluntary compliance shall not be considered an
23 admission of violation for any purpose. Matters closed by filing
24 a written assurance may at any time be reopened by the Attorney
25 General or district attorney for further proceedings in the
26 public interest.
27 Section 4. Penalties.
28 (a) Civil penalty.--Any person who violates the terms of an
29 injunction issued under this act or any of the terms of an
30 assurance of voluntary compliance duly filed in court and with
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1 the Bureau of Consumer Protection shall forfeit and pay to the
2 Commonwealth a civil penalty of not more than $5,000 for each
3 violation. For the purposes of this section, the court issuing
4 an injunction or in which an assurance of voluntary compliance
5 is filed shall retain jurisdiction, and the cause shall be
6 continued; and, in such cases, the Attorney General, or the
7 appropriate district attorney, acting in the name of the
8 Commonwealth, may petition for recovery of civil penalties and
9 any other equitable relief deemed necessary or proper.
10 (b) Willful violations.--In an action brought under this
11 act, if the court finds that a person is willfully using or has
12 willfully used a method, act or practice which violates this
13 act, the Attorney General or the appropriate district attorney,
14 acting in the name of the Commonwealth, may recover, on behalf
15 of the Commonwealth, a civil penalty not exceeding $1,000 per
16 violation, which civil penalty shall be in addition to other
17 relief which may be granted under this act.
18 Section 5. Preemption.
19 No local ordinance, rule, resolution or regulation which
20 relates to item pricing shall be adopted which would reduce or
21 diminish the standards and requirements of this act or the rules
22 and regulations adopted hereunder.
23 Section 6. Rules and regulations.
24 The Bureau of Consumer Protection may, in the manner provided
25 by law, promulgate the rules and regulations necessary to carry
26 out this act.
27 Section 7. Effective date.
28 This act shall take effect in 60 days.
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