Department of Agriculture - Packaging and Pricing of Food and Nonfood Products - Definitions.


Published: 2016-07-15

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(A) Definitions. As used in this rule, the following words and phrases shall have the following meanings:

(1) "Buyer" means both the actual and prospective purchaser, but does not include persons purchasing 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 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 like products.

(4) "Home food service plan" means the offering for sale to a consumer, in the consumer's home, any food item, or food item in combination with any non-food item and/or services, whether or not a membership fee or similar charge is involved.

(5) "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.

(6) "Primal source" refers to the following cuts:

(a) Beef - the round, flank, loin, rib, plate, brisket, chuck, and shank;

(b) Veal, lamb, or mutton - the leg, flank, loin, rack (rib), and shoulder; and

(c) Pork - the belly, loin, ham, spareribs, shoulder, and jowl.

(7) "Seller" means any 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 non-food item sold as part of a home food service plan, computed to the nearest tenth of one cent when less than one dollar, and to the nearest cent when one dollar or more. The unit price, exclusive of any service charge(s), shall be expressed in terms of the price per unit of weight, measure, or count set forth in the "Uniform Pricing Regulation" in the current edition of NIST Handbook 130.

Last updated August 25, 2021 at 10:11 AM