Rule 40-7-11-.04 - Prohibited Sales PracticesNo firm advertising, offering for sale or selling any Food Service Plan shall engage in any unfair methods of competition or unfair trade practices and Particularly the following:
(a) Bait Selling. 1. Disparage or degrade any product advertised or offered for sale by the firm in order to induce the purchase of other product; or represent that specified product is for sale when such representation is used primarily to sell a higher priced wholesale cut.2. Substitution of any kind for that ordered by the buyer without the buyer's written consent.3. Fail to have available a sufficient quantity of any product represented as being for sale to meet reasonably anticipated demands, unless the limited available amount is disclosed fully and conspicuously in all advertising.(b) Savings Representations. 1. Use any price list other than the firm's current prices to all buyers, or fail to disclose fully and conspicuously thereon that the prices quoted are subject to change if such is the fact; or fail to furnish to the buyer, prior to his signing of any contract, a written copy of such current price list which shall contain an accurate description of the wholesale cuts and other food items including, whenever applicable for primal cuts: USDA Grade; net weight; brand or trade name. Misrepresent the amount of money that the buyer will save on purchases of any product.2. Represent the price of wholesale cut in any terms other than price per pound. Such price shall not be stated by dollar amount of any installment payment or number of payments for a period of time. Credit terms, if offered. shall be stated separately and clearly. If the meat is pre-trimmed, this fact shall be so stated on the Customer Order Form.(c) Guarantees. 1. Make any promise, either to exchange unsatisfactory meat or to give a refund thereof, which expires in less than 90 days from the date of delivery of such products. or fail to honor such promise where, through no fault of the buyer, the Food Service Plan's primal cut does not meet minimum standards of quality, weight, or satisfaction expected by the ordinary buyer. This does not apply to guarantees to make exchanges or refunds regardless of the condition of the food product.(d) Product Representations. 1. Misrepresent the cut, grade, brand or trade name, type of feeding of the animal, or weight or measure of any food product.2. Use the term "U.S.", "USDA Choice", other USDA Grade, or Georgia Department of Agriculture Grade, in describing a primal cut which is, in fact, not graded by the United States Department of Agriculture or the Georgia Department of Agriculture, except that primal cuts may be described as "U.S. Inspected" when such statement is true.3. Misrepresent: the total amount and/or the proportion of retail cuts that a wholesale cut of meat will yield; the total sales price.4. Fail to furnish the buyer with a written statement: Customer Order Form and Summary Sheet(s) for each individual sale. If the meat is weighted with immediate wrappings, such fact shall be stated and the tare weight stated and deducted.5. Represent the price of any food freezer without fully and conspicuously disclosing its brand or trade name, model number and year, its size and capacity.6. In advertisements, use of the words "bundle," "sample order," or words of similar import, must not be used unless the firm itemizes each food product the weight thereof and the price per pound for each primal cut of meat which the buyer will receive together with information regarding "imitation," "water added," and similar terms required for proper labeling of wieners, hams, etc. and other foods.7. The terms phrases "90 Days Same as Cash," "120 Days Same as Cash," and terms of like import are not to be used in advertising unless in fact the customer actually has 90 days in which to make payment in full. and no payment is due prior to the end of the 90 day period figured from the date of sale.8. The term "opening an account" shall not be used unless it is made clear in the advertising that this involves a credit account and/or an installment payment account with interest to be added as stated.Ga. Comp. R. & Regs. R. 40-7-11-.04
Ga. L 1956, p. 195 as amended; O.C.G.A. Sec. 26-2-1et seq.
Original Rule entitled "Limits" filed on June 30, 1965.Repealed: New Rule, same title, adopted. F. Apr. 19, 1991; eff. May 9, 1991.Repealed: New Rule, same title, adopted. F. May 28,1992; eff. June 17, 1992.Repealed: New Rule entitled "Prohibited Sales Practices" adopted F. Apr. 30, 1996; eff. May 20, 1996.