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Consumer protection

The past few months the ever-wobbling balance between consumers and business has been receiving a fresh look in the chambers of the Dutchess County Legislature. The Legislature initially established consumer protection practices in Dutchess County in 1991. On our agenda has been two bills that would seek to modify the item-pricing system used by supermarkets and impose accurate street advertising of gasoline prices for both cash and credit at gas stations.Item pricingIn 1991, the county passed laws to require supermarkets to place signs on grocery store shelves, individually stamp each item for sale and made it a violation to sell an item at a higher price than the price advertised. In 1994, the law was updated to ensure scanner device accuracy at computer-assisted checkouts. The present bill under consideration would provide for an opt-out procedure for supermarkets who prefer not to price-tag each individual item. Adherence to proper shelf signage and scanner accuracy would remain.The 2012 item pricing opt-out bill comes at the request of area supermarkets represented by the Food Industry Alliance of New York State. In October 2012, area store managers complained that Dutchess is only one of two counties in the state that still require item pricing laws and that most supermarkets find it cumbersome and choose instead to pay the penalty rather than comply. In some cases big chain supermarkets opt not to establish themselves in Dutchess County due to the “onerous” item-pricing law. The Food Industry Alliance said that most jurisdictions provide for an opt-out procedure such as this bill would provide.As written, the bill under consideration will allow supermarkets to apply to the county and pay a fee that upon the passing of two random scanner inspections could then be exempted from the item-pricing laws. The fee would vary depending upon store size. An annual renewal with scanner inspections would be required. Stores would also be required to install price check scanners to assist consumers in looking up prices of individual items.The item-pricing bill was first introduced in August of last year and has been amended each month since based on legislator concerns, as well as public comment. Some unions and the New York Public Interest Research Group have opposed the bill citing the convenience to shoppers and the possible labor loss of item taggers. It is expected to receive passage in late January or February.Gasoline station advertisingIn 1991, the Legislature prohibited unfair trade practices which it defined as any misleading representation which had the capacity, tendency or effect of deceiving or misleading consumers. The local law which we passed in December 2012 will outlaw as an unfair trade practice the seemingly widespread practice of gas stations to advertise a low cash price for gasoline on the street, which serves to attract motorists who then must pay a higher rate for credit transactions once at the pump.Motorists are sometimes lured in by the discounted street price, but unaware once they swiped their credit card that the station was charging them a higher premium for credit transactions. Under current state law both prices must be marked at the pumps, but not at the street. The new county law which will go into effect April 1 will require stations to either advertise both prices at the street, or the standard gasoline price without any discounts.Michael N. Kelsey represents the people of Amenia, Washington, Stanford, Pleasant Valley and Millbrook in the Dutchess County Legislature. Write him at KelseyESQ@yahoo.com. Read past blogs at blog.VoteMikeKelsey.com.

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