Chapter 03. Method of Sale of Commodities
Regulation .01 Application.LinkCopy Citation
These regulations govern the methods and quantity terms to be employed in the representation, advertisement, and sale of some specific commodities and the advertisement of all commodities relative to use of posted prices. (Agency note: For packaging and labeling requirements refer to the Maryland Packaging and Labeling Regulations.)
Regulation .02 All Commodities.LinkCopy Citation
If an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, every element of the fraction shall be prominently displayed, and the numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and width of any numeral representing the whole cents.
Regulation .03 Sale from Bulk.LinkCopy Citation
Except as otherwise provided for in Agriculture Article, §§11-308, 11-316, and 11-505, Annotated Code of Maryland, whenever the quantity is determined by the seller, bulk sales in excess of $20, and all bulk deliveries of heating fuel, shall be accompanied by a delivery ticket containing at least the following information:
A.
The name and address of the vendor and purchaser;
B.
The date delivered;
C.
The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;
D.
The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale;
E.
The count of individually wrapped packages, if any, and if more than one.
Regulation .04 Food Products.LinkCopy Citation
A.
Berries and Small Fruits. Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of 1/2 pint, 1 pint, or 1 quart, dry measure, provided that the labeling requirements of Regulations .03, .05, and .06 of COMAR 15.03.02 (Packaging and Labeling) may not apply to these containers.
B.
Butter, Oleomargarine, and Margarine. Butter, oleomargarine, and margarine shall be offered and exposed for sale and sold by weight.
C.
Flour, Corn Meal, and Hominy Grits. Wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, corn flour, corn meal, and hominy grits, whether enriched or not, shall be packaged, kept, offered, or exposed for sale, and sold by weight.
D.
Meat, Poultry, and Seafood.
(1)
Except for immediate consumption on the premises where sold, or as one of two or more different elements, excluding condiments, that comprise a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, or cooked and ready-to-eat whole chicken or chicken parts that are prepared on the premises, all meat, meat products, poultry, and all seafood except shell fish offered or exposed for sale or sold as food shall be offered or exposed for sale and sold by weight.
(2)
When meat, poultry, or seafood is combined with or associated with some other food element to form either a distinctive food product or a food combination, the food product or combination shall be offered or exposed for sale, and sold by weight. The quantity representation may be the total weight of the product or combination and a quantity representation is not required for each element of the product or combination.
E.
Fluid Dairy Products. All fluid dairy products, including whole milk, skimmed milk, cultured milk, sweet cream, and buttermilk shall be sold by fluid volume.
F.
Other Milk Products. Cottage cheese, cottage cheese products, sour cream, and yogurt shall be sold by weight.
G.
Ice Cream and Similar Frozen Desserts.
(1)
Ice cream, ice milk, frozen custard, frozen yogurt, sherbet, and similar products shall be kept, offered, or exposed for sale, and sold by fluid volume.
(2)
Frozen yogurt shall be sold or offered for sale by weight, whether or not combined with other condiments, if the amount of the frozen yogurt to be purchased is:
(a)
Determined by the purchaser; and
(b)
Dispensed by the purchaser.
H.
Pickles. The declaration of net quantity of contents on pickles and pickle products, including relishes but excluding one or two whole pickles in a transparent wrapping which may be declared by count, shall be expressed in terms of fluid measure. Sales of pickles from bulk may be by count. (See COMAR 15.03.02.06C(2)(c)).
I.
Ice. The declaration of net quantity for ice, whether in block, cubes, flaked, crushed or other form, shall be expressed in terms of weight.
Regulation .05 Nonfood Products.LinkCopy Citation
A.
Coatings. Asphalt paints, coatings sold in a viscous state, and plastics shall be sold in terms of liquid measure.
B.
Softwood Lumber.
(1)
Softwood lumber applies to softwood boards, timbers, and dimension lumber that have been dressed on four sides, but may not apply to rough lumber, to lumber that has been matched, patterned, or shiplapped, or to lumber remanufactured or joined so as to have changed the form or identity, such as individual, assembled, or packaged millwork items.
(2)
Definitions.
(a)
“Boards” means lumber 11/4 inches or less in actual thickness and 1 1/2 or more inches in actual width. Boards less than 5 1/2 inches in actual width may be classified as strips.
(b)
“Dimension lumber” means lumber from 1 1/2 inches to, but not exceeding, 4 1/2 inches in actual thickness, and 1 1/2 or more inches in actual width. Dimension lumber may be classified as framing, joists, planks, rafters, studs, small timbers, etc.
(c)
“Dressed (surfaced) lumber” means lumber that has been dressed (or surfaced) for the purpose of attaining smoothness of surface and uniformity of size.
(d)
“Grade” means the commercial designation assigned to lumber meeting specifications established by a nationally recognized grade rule writing organization.
(e)
“Matched lumber” means lumber that has been worked with a tongue on one edge of each piece and a groove on the opposite edge to provide a close tongue-and-groove joint by fitting two pieces together. When end-matched, the tongue and groove are worked in the ends also.
(f)
“Minimum dressed sizes (width and thickness)” means the standardized width and thickness at which lumber is dressed when manufactured in accordance with Table 1.
(g)
“Patterned lumber” means lumber that is shaped to a pattern or to a molded form, in addition to being dressed, matched, or shiplapped, or any combination of these workings.
(h)
“Representation” means any advertisement, offering, invoice, or the like that pertains to the sale of lumber.
(i)
“Rough lumber” means lumber that has not been dressed but which has been sawed, edged, and trimmed at least to the extent of showing saw marks in the wood on the four longitudinal surfaces of each piece for its overall length.
(j)
“Shiplapped lumber” means lumber that has been worked or rabbeted on both edges of each piece to provide a close-lapped joint by fitting two pieces together.
(k)
“Softwood lumber,” for the purpose of this regulation, means lumber produced from the cedar, fir, hemlock, juniper, larch, pine, redwood, spruce, tamarack, and yew species groups of trees.
(l)
“Species” means the commercial name assigned to a species of trees.
(m)
“Species group” shall be the commercial name assigned to two or more individual species having similar characteristics.
(n)
“Timbers” means lumber 4 1/2 or more inches in least actual dimension. Timber may be classified as beams, stringers, posts, caps, sills, girders, purlins, etc.
(3)
Identity. Representations shall include a declaration of identity that specifies the grade or grades, species or species group, and whether the lumber is unseasoned (green) or dry.
(4)
Quantity. Representations shall be in terms of the number of pieces, the minimum dressed width and thickness, the length of individual pieces or the lineal footage, except that:
(a)
The use of nominal dimensions shall be allowed when used in conjunction with the required minimum dressed sizes and actual length;
(b)
With respect to all invoices, a table of minimum dressed sizes may appear on the reverse side of the invoice, so long as appropriate reference to the table is prominently and conspicuously shown on the face of the invoice.
Minimum standard dressed sizes at the time of manufacture for both unseasoned (green) and dry lumber.
C.
Peat and Peat Moss.
(1)
Peat and peat moss applies only with respect to organic matter of geological origin, excluding coal and lignite, originating principally from dead vegetative remains through the agency of water in the absence of air and occurring in a bog, swampland, or marsh, and containing an ash content not exceeding 25 percent on a dry-weight basis (dried in an oven at 105° C (221°F) until no further weight loss can be determined).
(2)
Declaration of Quantity. The declaration of quantity of peat and peat moss shall be expressed in weight units or in cubic-measure units.
(3)
Units.
(a)
Weight. Peat and peat moss sold in terms of weight shall be offered and exposed for sale only in kilograms or pounds, or both.
(b)
Cubic Measure. Peat and peat moss sold in terms of cubic measure shall be offered and exposed for sale only in liters or cubic feet, or both. If the commodity is labeled in terms of compressed cubic measurement, the quantity declaration shall represent the quantity in the compressed state.
D.
Roofing and Roofing Material.
(1)
Roofing and roofing material shall be sold either by the square or by the square foot only.
(2)
Definitions.
(a)
“Square” means the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover an area of 100 square feet exclusive of side laps or side joints, provided that, in the case of roofing or roofing material of corrugated design, the side lap or side joint shall be one full corrugation.
(b)
“Square foot” means the quantity of roofing or roofing material that, when applied according to the directions or instructions of the manufacturer, will cover 1 square foot (144 square inches) exclusive of side laps or side joints.
(3)
Declaration of Quantity.
(a)
When the declaration of quantity on a package of roofing or roofing material contains the term “square,” it shall include, plainly and conspicuously, a numerical definition of the term “square”; for example, “One square covers 100 square feet of roof area.”
(b)
Common Fractions. The use of the common fraction 1/3 is specifically authorized in the quantity statement of a package of roofing or roofing material when, and only when, used as the common fraction of the “square.”
(c)
Quantity Statement. The primary declaration shall only be in terms of a square or square feet. There is no prohibition against the use of supplementary quantity declarations, such as shingle dimensions, but the weight of the material may not be stated or implied. However, the use of numerical descriptions for rolls of felt roofing material may continue to be used.
E.
Sealants. Caulking compounds, glazing compounds, and putty shall be sold in terms of liquid measure, except that rope caulk shall be sold by weight.
F.
Fireplace and Stove Wood.
(1)
Definitions.
(a)
“Cord” means the amount of wood which is contained in a space of 128 cubic feet, when the wood is ranked and well stowed. For the purposes of this section, “ranked and well stowed” means when pieces of wood are placed in a line or row, with individual pieces touching and parallel to each other, and stacked in a compact manner.
(b)
“Fireplace and stove wood” means any kindling, logs, boards, timbers or other wood, natural or processed, split or not split, advertised, offered for sale or sold for use as fuel.
(c)
“Flavoring chips” means any kindling, boards, timbers, or other natural or processed, split or unsplit wood that is advertised, offered for sale, or sold for flavoring smoked or barbequed foods.
(d)
“Representation” means any advertisement, offering, invoice, or the like that pertains to the sale of fireplace or stove wood.
(e)
“Species group” means the commercial name assigned to two or more individual species having similar characteristics (example: oak, hickory, pine, poplar, etc.).
(2)
Identity. Representations shall include a declaration of identification that indicates the species group and whether the wood is unseasoned (green) or dry. A representation of two or more species groups shall indicate, within 10 percent accuracy, the percentages of each group.
(3)
Quantity.
(a)
Fireplace and stovewood shall be advertised, offered for sale, and sold only by measure, using the term “cord” and fractional parts of a cord.
(b)
Packaged Natural Wood. Natural wood offered for sale in packaged form in quantities less than 1/8 cord (16 cubic feet) shall display the quantity in terms of cubic feet including fractions of cubic feet or cubic meters including fractions of cubic meters.
(c)
Artificial Compressed or Processed Logs. A single fireplace log shall be sold by weight. Packages of these individual logs shall be sold by weight plus count.
(d)
Stovewood Pellets or Chips. Pellets or chips not greater than 6 inches (15 centimeters) in any dimension shall be sold by weight. This requirement does not apply to flavoring chips.
(e)
Flavoring Chips. Flavoring chips shall be sold by volume.
(4)
Prohibition. The terms “face cord,” “rack,” “pile,” “truck load,” or terms of similar import may not be used when advertising, offering for sale, or selling wood for use as fuel.
(5)
Delivery Ticket or Sales Invoice. A delivery ticket or sales invoice shall be presented by the seller to the purchaser whenever any nonpackaged fireplace or stovewood is sold. The delivery ticket or sales invoice shall contain at least the following information:
(a)
The name and address of the vendor;
(b)
The name and address of the purchaser;
(c)
The date delivered;
(d)
The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;
(e)
The price of the amount delivered; and
(f)
The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale.
G.
Sod.
(1)
Application. For the purpose of this regulation this section shall apply to all sod, including turf sod, turf plugs and turf sprigs.
(2)
Definitions.
(a)
“Sod” means “turf sod”, “turf plugs”, or “turf sprigs” of a single kind or variety or a mixture of kinds and varieties.
(b)
“Turf” means a live population of one or more kinds of grasses, legumes, or other plant species used for lawns, recreational use, soil erosion control, or other purposes.
(c)
“Turf plug” means a small section cut from live turf of those kinds of turf normally vegetatively propagated (such as zoysia grass), which, when severed, contains sufficient plant material to remain intact.
(d)
“Turf sod” means a strip or section of live turf which, when severed, contains sufficient plant material to remain intact.
(e)
“Turf sprig” means a live plant, stolon, crown, or section cut from perennial plants used as turf.
(3)
Quantity.
(a)
Sod shall be advertised, offered for sale, and sold by measure or by a combination of count and measure as prescribed by this section.
(b)
Turf Sod. Turf sod shall be advertised, offered for sale, and sold in terms of square feet or square yards, as appropriate.
(c)
Turf Plugs. Turf plugs shall be advertised, offered for sale, and sold in terms of count, combined with a statement of surface area dimension (example: "100 plugs, 2 inch diameter").
(d)
Turf Sprigs. Turf sprigs shall be advertised, offered for sale, and sold in terms of the United States bushel or fractions thereof. (Agency note: Refer to Regulations .02B, C, D, H, .06B, C, F, and G of COMAR 15.03.02. In addition, refer to regulations pertaining to the Maryland Turf Grass Law.)
Regulation .06 Home Food or Nonfood Service Plan Sales.LinkCopy Citation
A.
Definitions. In this regulation, the following terms have the meanings indicated:
(1)
Buyer.
(a)
“Buyer” includes both the actual and prospective buyer.
(b)
“Buyer” does not include persons buying for resale.
(2)
“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.
(3)
“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.
(4)
“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.
(5)
Nonfood Item.
(a)
“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.
(b)
“Nonfood item” does not include food items and durable consumer goods such as appliances.
(6)
“Primal source” means the following cuts:
(a)
Round, flank, loin, rib, plate, brisket, chuck, and shank for beef;
(b)
Leg, flank, loin, rack (rib), and shoulder for veal and lamb or mutton; and
(c)
Belly, loin, ham, spareribs, shoulder, and jowl for pork.
(7)
“Seller” means a person, partnership, corporation, or association, however organized, engaged in the sale of a home food service plan.
(8)
“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.
(9)
“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.
B.
Contract and Disclosure Requirements.
(1)
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:
(a)
The name, address, and telephone number of the seller and the name and address of the buyer;
(b)
The date of the contract;
(c)
The price of the food and nonfood items of the home food service plan;
(d)
The service charge or the price of any service charges associated with the home food service plan;
(e)
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
(f)
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.
(2)
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.
(3)
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:
(a)
A written list of all food and nonfood items to be sold, which shall include:
(i)
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,
(ii)
The quantity of each item sold,
(iii)
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
(iv)
The net weight, measure, or count of all other food and nonfood items offered for sale;
(b)
A current unit price list stating:
(i)
In dollars and cents, the price per kilogram or pound or other appropriate unit of measure,
(ii)
The total sale price of each item to be delivered, and
(iii)
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;
(c)
If a membership is sold, a written statement of all terms, conditions, benefits, and privileges applicable to the membership; and
(d)
If a service charge is included, a written statement specifically identifying the service or services provided and the price charged.
(4)
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.
C.
Delivery.
(1)
At the time of delivery, the seller shall provide a receipt to the buyer.
(2)
The buyer shall sign the receipt.
(3)
The receipt shall disclose the following information:
(a)
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
(b)
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.
D.
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.
Chapter annotations
Authority: Agriculture Article, §11-304(c), Annotated Code of Maryland
History: Effective date: February 1, 1973
History: Regulation .04 amended effective October 2, 2000 (27:19 Md. R. 1728)
History: Regulation .05 amended effective October 2, 2000 (27:19 Md. R. 1728)
History: Regulation .06 adopted effective July 13, 1997 (24:14 Md. R. 1014)