ATCP 109.02(3)(c)(c) Misrepresent the amount of money that the buyer will save on purchases of any product or compare the seller’s prices either with prices of other sellers not selling in the same trade area or with prices of products which are not of the same grade or quality. ATCP 109.02(3)(d)(d) Represent to the buyer that a specified amount of food products or the cost thereof is sufficient to meet the requirements of the buyer. Any computation as to amount of food required shall be determined solely by the buyer, except that the seller may furnish current official government data on average food consumption and costs. A written itemization of all food to be sold, with the price and accurate description of each item including, whenever applicable, grade, net weight or measure, and brand or trade name shall be furnished to the buyer prior to the signing of any contract. ATCP 109.02(3)(e)(e) Misrepresent that the buyer can purchase all or most of the buyer’s food requirements, or any non-food product in connection with a food service plan. ATCP 109.02(4)(a)(a) Represent that the same products and services offered for sale by the seller of a food service plan will be available to the buyer from sellers in other areas without payment of another membership fee or similar charge by the buyer unless the seller agrees to refund such membership fee or similar charge in full if the seller cannot arrange for the buyer to receive such products and services elsewhere. ATCP 109.02(4)(b)(b) Make any promise, either to exchange unsatisfactory food products or to give a refund therefor, which expires in less than 60 days from the date of delivery of such products, or fail to honor such promise, where through no fault of the buyer, said food does not meet minimum standards of quality expected by the ordinary consumer. ATCP 109.02(4)(c)(c) Give any guarantee or warranty which is not clear and specific or with which the seller is unable to comply; or misrepresent that someone else is the guarantor or warrantor of any product or service, or fail to furnish the buyer with a copy of such guarantee or warranty. ATCP 109.02(5)(a)(a) Represent that a person is, or that the seller will provide the service of, a nutritionist or home economist, unless such person has completed specialized training in such fields or is otherwise technically qualified. ATCP 109.02(5)(b)(b) Misrepresent that the seller, products or service have been approved by any better business bureau, chamber of commerce, service club, financial institution, government agency or any other commercial or civic organization, or any official or employee thereof, or that the seller is a member of such organization. ATCP 109.02(6)(a)(a) Misrepresent or fail to disclose fully and conspicuously at the time of the sale, the name of the financing institution or contract assignee, if any. ATCP 109.02(6)(b)(b) Fail to advise the buyer before signing any contract that the contract may be transferred or assigned to a financial institution or other third party and payment enforced by them. ATCP 109.02(6)(c)(c) Misrepresent the total amount that the buyer will be obligated to pay. ATCP 109.02(6)(d)(d) Misrepresent that the offer or sale or any part thereof is made on a trial basis, or fail to disclose fully and conspicuously that the buyer must pay a membership fee or similar charge in full if such payment is required. ATCP 109.02(6)(e)(e) Misrepresent that the seller will pay or reimburse the buyer for the expenses of delivering or moving a freezer or any other product for the buyer. ATCP 109.02(6)(f)(f) Fail to disclose fully and conspicuously any extra charges for cutting, wrapping, freezing, delivery or other services. ATCP 109.02(6)(g)(g) Represent the price of a wholesale cut in terms other than price per single pound. ATCP 109.02(6)(h)(h) In all wholesale cut advertising which in any manner represents the availability of credit terms or payment plans, the seller shall fully disclose if the purchaser must obligate himself or herself to a party other than the seller if the total of the purchaser’s obligation is not fully paid at the time of delivery. ATCP 109.02(7)(a)(a) Misrepresent the cut, grade, brand or trade name, or weight or measure of any food product. ATCP 109.02(7)(b)(b) Use the abbreviation “U.S.” in describing a food product not graded by the United States department of agriculture, except that foods may be described as “U.S. Inspected” when true. ATCP 109.02(7)(c)(c) Misrepresent a food product through the use of any term similar to a government grade. ATCP 109.02(7)(d)(d) Fail to disclose, when a yield grade is advertised, a definition of the yield grade in the following terms: “Yield Grade 1—Extra Lean”
“Yield Grade 2—Lean”
“Yield Grade 3—Average Waste”
“Yield Grade 4—Wasty”