Postal-Alden bill looks for County to get tough with food pricing law; measure up for a vote

by Leonard Greco and Carolyn James

A bill co-sponsored by Cameron Alden (R-Bay Shore) and Maxine Postal (D-Amityville) that has yet to reach the floor of the legislature may have

already had some positive effect in the marketplace. The legislation, if approved, would triple the fines for retail stores that do not provide clear and accurate prices on their food products or on their shelves. A public hearing on the proposal will be held this week. The legislature is scheduled to vote on the bill in June.

At a press conference announcing the proposal, Postal said that by simply raising the idea of raising the fines has heightened awareness to the problem, prompting retail chain stores to take some action.

The problem surfaced after lawmakers received calls from consumers who complained that stores in their area did not list individual prices on food items or on the shelves. When the lawmakers checked, they found the concerns were valid, said Warren Greene, a spokesman for Leg. Alden.

The two lawmakers used photographic evidence at the press conference showing that such major chains as Target, Wal-Mart, K-Mart and Genovese were violating Suffolk County’s pricing laws by not posting proper pricing on or near their products. Under the legislation, fines for non-compliance would triple from $150 per violation to $450 per violation. In addition, the bill would also increase the inspection cap (the amount in fines per year per store) from $1,000 to $4,000. All other violations of item pricing legislation would increase from $50 to $150, with the overall inspection cap increasing from $1,000 to $3,000.

The Suffolk County Item-Pricing Law, which was enacted in 1992, requires that supermarket and chain stores individually price their products so

consumers know the exact cost of an item prior to reaching the store check-out.

However, Alden noted that major chains and supermarkets with electronic scanning devices have apparently been disregarding the law on the assertion that the scanner knows the price and provides detailed receipts. That assertion, made by representatives of the retail industry, does not impress the two lawmakers.

"I believe item pricing represents a consumer’s right to know, and is essential to anyone who wants to make absolute certain that they’re paying the right price for any given item in the store," Alden said.

"Consumers need to know exactly what a product costs before the purchase is made," said Postal. "And often times, computerized scanners do not accurately reflect the sales or posted price."

One local store manager said the proposed law and the increased fines would place a financial burden on his business.

"I hate it," said the assistant manager of Genovese in North Babylon of the law. "It’s just not feasible to price 7,000 items in the store and to do so would require more manpowere than the store can afford."

Local Chamber of Commerce officials said they believe the law and stiffer fines for violators is a good idea.

"I support it" said Carmine Rocchio, president of the Babylon Village Chamber of Commerce who owns a store that sells food items and complies with the law. "It’s not difficult for the merchant to do but I often find some of the food marts or the stationary stores that sell food don’t do it which makes it confusing for the consumer."

"It’s often difficult to find the single-item price, so in that respect, this law would help the consumer," said Marcia Besserman of the Amityville Chamber of Commerce. "But I would question who and how this law is going to be enforced."

Greene said the law would come under the jurisdiction of the Suffolk County Department of Consumer Affairs, which would conduct general checks on stores to ensure compliance, as well as respond to specific complaints.

Postal and Alden said they would hope (these and other) stores would simply follow the 1992 law.

"Right now it may be too early to tell (what effect announcing this legislation has had)," Alden noted. "But I would hope these large stores would follow the letter of the law; a law that is on the books since 1992."

Postal agreed, but added that she actually saw some results on a recent visit to a chain store where she occasionally shops, which might be attributed to the joint press conference she and Alden held. "I happened to be in a Target store last week and I usually don’t find item price stickers on most of the items," Postal explained. "But this time, I found item price stickers on nine out of ten items. I think that perhaps the illumination we placed on the issue (via our press conference) seems to be helping."

Postal added that the legislation will most likely be eligible for a vote at the June 25 meeting.