Massachusetts law requires retail stores selling packaged commodities necessary for personal, family, or household use to post the item’s unit price where an item is displayed for sale. The unit price is the item’s price per pound, pint or other unit of measurement. Stores that have in-store gross annual sales of less than $5 million are exempt from this requirement. The exemption applies to each individual brick and mortar store selling qualifying commodities, not to the gross sales of an entire chain of stores with common ownership. The Massachusetts Division of Standards (the “Division”) is charged with enforcing this law. Stores wishing to be exempt from the Unit Pricing Law based on a store’s in-store gross annual sales must complete and sign the following Affidavit, affirming that a specific store has gross annual in-store sales of less than $5 million and, therefore, is exempt from the requirements contained in the Massachusetts Unit Pricing Law, M.G.L. c. 6, Section 115A and 202 CMR 5.00 (“Unit Pricing Law”). Please note, this exemption is granted for the calendar year during which it is issued. This store must submit a new Affidavit for the next calendar year between January 1 and January 31, inclusive. It is the retailer’s responsibility to file a new Affidavit if the retailer wishes to maintain this exemption for another calendar year. If the Division has not received a new Affidavit for the new calendar year by January 31, the Division may inspect the store for compliance with the Massachusetts Unit Pricing Law at any time on or after February 1 and will issue fines if the Division finds violations of that Law. Also note, the exemption hereby acknowledged does not exempt the store from any other provisions of Massachusetts law. Stores selling “grocery” products, as defined in M.G.L. c. 94, Section 184B, must still comply with the Massachusetts Item Pricing Law, M.G.L. c. 94, Sections 184B through 184E and the accompanying regulations at 202 CMR 7.00.

I, the undersigned, in seeking an exemption from the provisions of M.G.L. c. 6 §115A and 2020 CMR 5.01(6), do swear and affirm that: (1) I am currently an outside auditor, corporate officer, or retail store owner for the retail outlet location described herein; (2) I am authorized to execute this affidavit on behalf of the retail outlet location described herein; (3) The retail outlet location described herein had gross in-store sales volume of less than five-million dollars ($5,000,000) in either the most recently completed calendar year or the retail store owner’s fiscal year immediately preceding the execution of this affidavit.

This exemption must be filed with the Division no later than January 31 of each year in order to be valid for that calendar year. Store locations without a properly executed affidavit must comply with the provisions of M.G.L. c. 6 §115A and 202 CMR 5.00, inclusive.

ATTACHMENT A Please complete this attachment for all retail outlets for which an exemption is being sought; use additional forms if necessary.