of October 18, 2010 No. 966
About approval of the Regulations on procedure for specifying of goods prices, offered for sale to consumers
1. Approve Regulations on procedure for specifying of goods prices, offered for sale to consumers it (is applied).
2. This Provision becomes effective since January 1, 2011, and for trade organizations with the floor space to 50 sq.m - since January 1, 2013.
3. To impose control of execution of this Resolution on the Ministry of Economics, bodies of the central management and bodies of local public authority, the State inspectorate for supervision of non-food products and consumer protection.
Deputy Prime Minister, Minister of Economic Affairs
Minister of Finance
Approved by the Order of the Government of October 18, 2010 No. 966
1. This Provision determines procedure for specifying of selling price and the price of unit of measure of the goods exposed on floor spaces and offered by sellers to consumers for the purpose of complete, reliable and exact informing consumers and also for provision of possibility of simple price comparison.
2. This Provision is developed on the basis of the Directive of the European Parliament and Council 98/6/CE of February 16, 1998 about consumer protection by specifying of goods prices, offered consumers, published in the Official magazine of the European Union (JO) No. L 80/27 of March 18, 1998.
3. This Provision is applied:
a) depending on goods type - for food and non-food goods with the amendments stated in Items 17 - 20 and in appendices No. 1 and No. 2 to this Provision;
b) depending on type of trade organizations - for the organizations of retail trade according to the classification established by regulations in the field of trade, except for the following types: booth, tent, tray, vending machine;
c) depending on sale form - for all types of retail trade, including trade at distance by means of electronic trading or out of floor spaces.
4. Instruction of the prices is obligatory for the packed-up foodstuff for which specific requirements provide specifying of nominal quantity or sale in certain quantities.
5. The list of non-food goods for which specifying of the single price is obligatory is given in appendix No. 1 to this Provision.
6. The inventory and cases which are excluded from specifying of unit of the price is given in appendix No. 2 to this Provision.
7. The concepts used in this Provision have the following values:
a) assigned amount - product quantity, provided for packaging, according to regulating documents;
b) nominal single sizes - the sizes which are earlier established by the packer, expressed in units of mass or amount, al least 5 g or 5 ml and at most 10 kg or 10 l;
c) the seller - any legal entity or physical person having permission to business activity which performs business activity in relation to consumers;
d) the consumer - any physical person having the intention to order or acquire or ordering, acquiring products which are not connected with business or professional activity;
e) the price label - the data carrier (paper, cardboard, plastic, etc.) about the name, cost, quantity, product quality and its different characteristics;
f) selling price - final price of unit or certain goods quantity, including the value added tax and all additional taxes;
g) unit price of measurement (unit price) - the final price, including the value added tax and all additional taxes valid for one kilogram, one liter, one meter, one square meter, one cubic meter or other used quantitative unit;
h) the goods which are on sale by weight - goods which were not packed up and which are subject to measurement or weighing for sale in the presence of the consumer;
i) the packed-up products - products, held for sale, placed in packaging in the absence of the final consumer, at the same time the product quantity containing in this packaging have the certain value specified on packaging, corresponding to nominal rate which cannot be changed without opening of packaging or without its damage;
j) the floor (commercial) space - the area intended for access for consumers for the purpose of purchase of goods for exposure of the offered goods, their payment and movement of the servicing regular personnel for activities implementation. The areas intended for warehousing and storage of goods for implementation of productive activity, and also office rooms and extensions are not considered trade.
8. For any goods exposed for sale, specifying of the price is obligatory. The selling price and unit price of measurement are specified so that they were accurate, legible and easily identified with figures of the identical size.
10. Responsibility for specifying of the selling and single price is born by the seller.
11. Instruction of the prices is followed so that the consumer who is on the floor space could see them on the provided places without asking again about it the seller.
12. The prices are specified on goods or near them, or can be specified in the list or in the catalog together with the prices of other goods and are at the places easily available to review of consumers.
For food products of catering establishments of the price are specified in the menu (the list of dishes) or in price catalog (for drinks).
13. In case of use of catalogs the seller shall provide to consumers enough copies.
14. If the prices are in outside show-windows, they are specified so that the consumer could see easily them, without coming on the floor space.
15. For packaged goods the selling price corresponding to packaged quantity and also unit price, according to the subitem g) Item 7 of this provision is specified.
16. In case the price of unit is identical with selling price, only the selling price is specified.
17. In case of packaged goods for which the existing requirements provide specifying of net weight and also the mass of firm part, it is enough to specify unit price for firm part of product.
18. For the goods realized by scattering by weighing or measurement of amount specifying only of unit price is obligatory.
19. Instruction of the price of unit and selling price is obligatory for any kind of advertizing where there is reference to the price.
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