Sec. 21a-401. Written agreement. Required disclosures.
Sec. 21a-402. Delivery. Receipt. Required disclosures.
Sec. 21a-403. Negotiation, transfer, sale or assignment. Assignee's rights and liabilities.
Sec. 21a-404. Penalty. Violation made unfair or deceptive act or practice.
Secs. 21a-406 and 21a-407. Reserved
Sec. 21a-400. Definitions. As used in sections 21a-400 to 21a-405, inclusive:
(1) “Home food service plan” means the offering for sale to a consumer, in the consumer's home, of any food item, or food item in combination with any nonfood item or services, whether or not a membership fee or similar charge is involved, for a total price in excess of two hundred dollars.
(2) “Seller” means any person, partnership, corporation, limited liability company or association, however organized, engaged in the sale of a home food service plan.
(3) “Buyer” means both the actual and prospective purchaser, but does not include persons purchasing for resale.
(4) “Written agreement” means all the collective written contracts or written agreements signed 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.
(5) “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 similar products.
(6) “Nonfood 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 similar products. “Nonfood item” does not include food items and durable consumer goods such as appliances.
(7) “Item price” means the price of a food or nonfood 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 item price, exclusive of any service charge or charges, shall be expressed in terms of the price per unit of weight, measure, or count of the food or nonfood item.
(8) “Service charge” means the total price for any additional features, services and processing associated with the purchase of a home food service plan, including, but not limited to, cutting, wrapping, freezing, delivery and membership fees.
(9) “Primal source” means the following cuts of meat: (A) For beef, the primal sources are the round, flank, loin, rib, plate, brisket, chuck, and shank; (B) for veal and lamb or mutton, the primal sources are the leg, flank, loin, rack and shoulder; and (C) for pork, the primal sources are the belly, loin, ham, spare ribs, shoulder, and jowl.
(10) “Food spoilage protection” means any agreement, guarantee, warranty or contract offered by a seller whereby a buyer is insured or protected against loss of frozen food due to spoilage.
(P.A. 92-42, S. 1; P.A. 95-79, S. 81, 189.)
History: P.A. 95-79 redefined “seller” to include a limited liability company, effective May 31, 1995.
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Sec. 21a-401. Written agreement. Required disclosures. (a) At the time of sale, the seller shall provide the buyer with a single written agreement in a form approved by the Commissioner of Consumer Protection, which shall clearly and conspicuously disclose the following: (1) The name, address and telephone number of the seller and the name and the address of the buyer; (2) the date of the written agreement; (3) the price of the food and nonfood items of the home food service plan; (4) the price of any service charge associated with the home food service plan; (5) the total price of the home food service plan including the price of the food and nonfood items, and the price of any service charge; (6) a statement that the buyer shall have the right to cancel the home food service plan written agreement until midnight of the third business day after the date on which the buyer executed the written agreement or after the day on which the seller provided the buyer with a fully executed copy of the written agreement, whichever is later, by giving written notice of cancellation to the seller. Compliance with the provisions of chapter 740 and with federal statutes, rules or regulations governing the form of notice of right of cancellation shall constitute satisfactory notice under this subdivision; (7) whether substitutions of food items may be or are made, under what circumstances such substitutions will be made, the price of such substitutions and whether the prospective buyer has the right to refuse such substitutions; (8) the terms and conditions of food spoilage protection, if any; (9) that the buyer is not obligated to (A) enter into an additional home food service plan written agreement; (B) purchase an appliance, including, but not limited to, a freezer, refrigerator-freezer or microwave oven; (C) to purchase food spoilage protection, or (D) purchase any other product from the seller in order to enter into a home food service plan; and (10) that within ten days after cancellation, the seller shall return to the buyer any note or other evidence of indebtedness and shall refund to the buyer all payments made by the buyer minus the price of the actual amount of food and nonfood products delivered to and not returned or tendered by the buyer following cancellation.
(b) In addition to the disclosures required in the written agreement, the following disclosures shall be given to the buyer at the time of sale: (1) A written list of all food and nonfood items to be sold, which shall include: (A) The identity of each item and, where applicable, the United States Department of Agriculture quality grade of the item, if so graded, the primal source and the brand or trade name; (B) the quantity of each item sold; (C) the estimated serving size by net weight of each piece of meat, poultry and seafood item offered for sale under the home food service plan, provided such estimates shall not differ from the actual weight at the time of delivery by more than five per cent and that the dollar value of the meat, poultry and seafood items delivered is equal to or greater than that represented to the buyer; and (D) the net weight, measure or count of all other food and nonfood items offered for sale; (2) a current item price list stating in dollars and cents the price per pound or other appropriate unit of measure and the total sale price of each item to be delivered. The price list shall clearly and conspicuously make reference to the fact of whether there are additional costs disclosed in the written agreement relating to any service charges associated with the purchase of the home food service plan; (3) if a membership is sold, a written statement of all terms, conditions, benefits, and privileges applicable to the membership.
(P.A. 92-42, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
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Sec. 21a-402. Delivery. Receipt. Required disclosures. At the time of delivery, the seller shall provide a receipt for signature by the buyer which shall disclose the following: (1) The identity of the item and the net quantity of the contents in terms of either weight, measure, or count, as required by applicable law. The net weight of each food item delivered shall be within the limit specified in subparagraph (C) of subdivision (1) of subsection (b) of section 21a-401; and (2) the item price and total sales price of each food and nonfood item. The item price shall be the same as that specified on the price list given to the buyer at the time of sale.
(P.A. 92-42, S. 3.)
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Sec. 21a-403. Negotiation, transfer, sale or assignment. Assignee's rights and liabilities. (a) A seller shall not negotiate, transfer, sell or assign any note or other evidence of indebtedness issued in connection with a home food service plan sale to a finance company or other third party prior to midnight of the fifth business day after the day on which the buyer executed the written agreement or after the day on which the seller provides the buyer with a fully executed copy of the written agreement, whichever is later.
(b) The assignee of any such note or other evidence of indebtedness shall be subject to all claims and defenses of the buyer against the seller arising from the sale, notwithstanding any agreement to the contrary. The assignee's liability under this subsection shall not exceed the amount owing to the assignee at the time the claim or defense is asserted against the assignee. Rights of the buyer under this subsection can be asserted affirmatively against or as a defense to or set-off against a claim by the assignee.
(P.A. 92-42, S. 4.)
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Sec. 21a-404. Penalty. Violation made unfair or deceptive act or practice. Any violation of sections 21a-400 to 21a-405, inclusive, shall constitute an unfair or deceptive trade act or practice in violation of subsection (a) of section 42-110b.
(P.A. 92-42, S. 5.)
Cited. 231 C. 707.
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Sec. 21a-405. Regulations. The Commissioner of Consumer Protection may adopt regulations, in accordance with chapter 54, to implement the provisions of sections 21a-401 to 21a-404, inclusive.
(P.A. 92-42, S. 6; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
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Secs. 21a-406 and 21a-407. Reserved for future use.
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