<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 15.03.03.06" title_num="15" subtitle_num="03" chapter_num="03" heading="Home Food or Nonfood Service Plan Sales.">
  <paragraph num="A.">
    <text>Definitions. In this regulation, the following terms have the meanings indicated:</text>
    <paragraph num="(1)">
      <text>Buyer.</text>
      <paragraph num="(a)">
        <text>“Buyer” includes both the actual and prospective buyer.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Buyer” does not include persons buying for resale.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>“Contract” means all of the buyer's written agreements at the time of sale relating to the purchase of a home food service plan, except promissory notes or other financing agreements.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Food item” means each edible product sold as part of a home food service plan, including, but not limited to, each constituent part or kind of meat cut from a primal source, each kind of whole poultry or poultry part, seafood products, and other similar products.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Home food service plan” means the offering for sale to a consumer, in the consumer's home, of any food item, or food item in combination with any nonfood item or services, or both, whether or not a membership fee or similar charge is involved.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Nonfood Item.</text>
      <paragraph num="(a)">
        <text>“Nonfood item” means each inedible product sold as part of a home food service plan, including, but not limited to, paper products, health and beauty products, detergents, cleaners and disinfectants, rolls of wrapping, and similar products.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Nonfood item” does not include food items and durable consumer goods such as appliances.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>“Primal source” means the following cuts:</text>
      <paragraph num="(a)">
        <text>Round, flank, loin, rib, plate, brisket, chuck, and shank for beef;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Leg, flank, loin, rack (rib), and shoulder for veal and lamb or mutton; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Belly, loin, ham, spareribs, shoulder, and jowl for pork.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>“Seller” means a person, partnership, corporation, or association, however organized, engaged in the sale of a home food service plan.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Service charge” means the total price for any additional features, services, and processing associated with the purchase of a home food service plan, whether stated in terms of membership fees or otherwise.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Unit price” means the price of a food or nonfood item sold as part of a home food service plan, computed to the nearest 0.1 cent when less than $1, and to the nearest cent when $1 or more. The unit price, exclusive of any service charge or charges, is expressed in terms of the price per unit of weight, measure, or count.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Contract and Disclosure Requirements.</text>
    <paragraph num="(1)">
      <text>At the time of sale, or before the sale as required by this section, the seller shall provide the buyer with a written agreement, which shall clearly and conspicuously disclose the following:</text>
      <paragraph num="(a)">
        <text>The name, address, and telephone number of the seller and the name and address of the buyer;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The date of the contract;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The price of the food and nonfood items of the home food service plan;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The service charge or the price of any service charges associated with the home food service plan;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>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; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>For sales with a purchase price of $25 or more solicited by the seller, a statement that the buyer has the right to cancel the home food or nonfood service plan contract until midnight of the third business day after the date on which the buyer executed the contract.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The seller shall comply also with all applicable disclosure requirements of the Door-to-Door Sales Act, Commercial Law Article, Title 14, Subtitle 3, Annotated Code of Maryland. The seller may give the buyer either a separate notice of cancellation or have a detachable notice of cancellation in the agreement. The notice shall be in 10-point boldface type. A separate boldfaced statement of the right to cancel shall be near the buyer's signature. The seller shall orally inform the buyer of the right to cancel.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In addition to the disclosures required in §B(1) and (2) of this regulation, the following disclosures shall be given to the buyer in a single document before entering into any written agreement:</text>
      <paragraph num="(a)">
        <text>A written list of all food and nonfood items to be sold, which shall include:</text>
        <paragraph num="(i)">
          <text>The identity of each unit and, if applicable, the United States Department of Agriculture quality grade of the item if graded, the primal source, and the brand or trade name,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The quantity of each item sold,</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The estimated service size by net weight of each piece of meat, poultry, and seafood item offered for sale under the home food service plan, provided that the estimates may not differ from the actual weight at the time of delivery by more than 5 percent, 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</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>The net weight, measure, or count of all other food and nonfood items offered for sale;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>A current unit price list stating:</text>
        <paragraph num="(i)">
          <text>In dollars and cents, the price per kilogram or pound or other appropriate unit of measure,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The total sale price of each item to be delivered, and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Clearly and conspicuously 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;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>If a membership is sold, a written statement of all terms, conditions, benefits, and privileges applicable to the membership; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>If a service charge is included, a written statement specifically identifying the service or services provided and the price charged.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The seller shall provide information about the identity of each unit, quantity, weight, and unit price for each item in close proximity to one another. All disclosures shall be made clearly and conspicuously in a manner likely to be seen and understood by the consumer.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Delivery.</text>
    <paragraph num="(1)">
      <text>At the time of delivery, the seller shall provide a receipt to the buyer.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The buyer shall sign the receipt.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The receipt shall disclose the following information:</text>
      <paragraph num="(a)">
        <text>The identity of the item, and the net quantity of the contents in terms of weight as specified in §B(3)(a)(iii) of this regulation, measure, or count; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The unit price and total sales price of each food and nonfood item, which shall be the same as that specified on the unit price list given to the buyer at the time of sale.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Advertisement of Home Food or Nonfood Service Plans. A person who advertises a home food or nonfood service plan that discloses item pricing information shall set forth, in a clear and conspicuous manner, and not less prominently than for the item pricing information, any service charges or other additional costs associated with the purchase of the home food service or nonfood service plan.</text>
  </paragraph>
</regulation>