(1) Overcharges found in a sample selected using the procedures adopted pursuant to subdivision three of this section, when overcharges number more than two percent of the sample. Each such overcharge may be considered a separate violation provided, however, that any overcharge for a single stock-keeping unit that includes more than one item in such unit shall count as a single violation and not as separate violations for each item in the stock-keeping unit.
(2) A large overcharge found on an individual item.
(3) An overcharge verified in response to a consumer complaint.
(4) Overcharges found on follow-up inspections of items ordered corrected.
(5) Failure to disclose the retail price of a stock-keeping unit pursuant to paragraph a of subdivision two of this section.
(6) Failure to conspicuously post a refund policy pursuant to paragraph d of subdivision two of this section. 5. Local pricing laws. Nothing in this section shall be construed to prohibit a political subdivision of the state from continuing to implement and enforce any local pricing law or regulation in effect prior to the effective date of this section. Where a political subdivision has a local pricing law in effect prior to the effective date of this section, the provisions of this section shall have no force and effect until such time as the political subdivision repeals its local pricing law. Any political subdivision of the state not having any local pricing law or regulation in effect prior to the effective date of this section shall adopt and implement the pricing accuracy provisions set forth in this section or by regulations adopted pursuant to this section.
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