TITLE 21

Food And Drugs

CHAPTER 21-35

Home Food Service Sales

SECTION 21-35-2



   § 21-35-2  Definitions. –

As used in this chapter the following words and phrases have the following

meanings:



   (1) "Buyer" means both the actual and prospective purchaser,

but does not include persons who purchase for resale.



   (2) "Contract" means all of the collective written agreements

subscribed by a buyer at the time of sale relating to the purchase of a home

food service plan, except promissory notes or other financing agreements.



   (3) "Food items" 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 like products.



   (4) "Home food service plan" means the offering for sale to a

consumer of any food item, or food item in combination with any non-food

product and/or services, whether or not a membership fee or similar charge is

involved, for a total price in excess of two hundred dollars ($200) if either:

(i) the item or items are to be delivered to the dwelling of the household

consumer, or (ii) the contract is entered into at the dwelling of the household

consumer.



   (5) "Item price" means the price of a food or non-food item

sold as part of a home food service plan computed to the nearest whole cent and

exclusive of any service charge(s) and expressed in relation to the appropriate

unit of weight, measure, or count of the item.



   (6) "Non-food 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 like products. The term does not include food items and durable

consumer goods such as appliances.



   (7) "Primal source" means the following cuts: (i) for beef,

the primal sources are the round, flank, loin, rib, plate, brisket, chuck and

shank; (ii) for veal and lamb or mutton, the primal sources are the leg, flank,

loin, rack (rib) and shoulder; and (iii) for pork, the primal source as the

belly, loin, ham, spareribs, shoulder, and jowl.



   (8) "Seller" means any person, partnership, corporation or

association, however organized, engaged in the sale of a home food service plan.



   (9) "Service charge" means the aggregate price for any

additional features, services and processing associated with the purchase of a

home food service plan including, but not limited to, cutting, wrapping,

freezing, delivery, and membership fees.



History of Section.

(P.L. 1992, ch. 99, § 1.)