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This entry was published on 2014-09-22
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SECTION 190-A
Home food service plan sales
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 16
§ 190-a. Home food service plan sales. 1. Definitions. As used in this
section, unless the context otherwise requires, the following words and
phrases shall have the following meanings:

a. "Home food service plan" means any offering for sale to a household
consumer of meat or poultry or seafood or the offering of such products
in combination with each other or with any other food or non-food
product or service sold as a unit for a total price in the aggregate in
excess of two hundred dollars.

b. "Seller" means any person, partnership, corporation or association,
however organized, engaged in the sale of food through home food service
plans.

c. "Food spoilage protection" means any agreement, guarantee, warranty
or contract offered by the seller whereby the buyer is insured or
protected against loss of frozen food due to spoilage.

d. "Primal source" means the following cuts: (i) for beef, the primal
sources are the round, flank, loin, rib, plate, brisket, chuck and
shank; (ii) for veal and lamb or mutton, the primal sources are the leg,
flank, loin, rack (rib) and shoulder; and (iii) for pork, the primal
sources are the belly, loin, ham, spareribs, shoulder and jowl.

e. "Item" means each constituent part or kind of meat cut from a
primal souce, each kind of whole poultry, each kind of poultry part,
every package of like seafood, and every package of like grocery and
non-food products.

f. "Service charge" means the total price of the home food service
plan (including, without limitation, the price of food and non-food
items, membership fees and charges for delivery, cutting, wrapping, and
freezing) less the total price of all food and non-food items included
in the price of the plan.

2. Written contract required for home food service plans. All of the
terms and conditions of a home food service plan sale shall be contained
in a single written contract furnished to the buyer at the time of the
execution of the contract.

3. Right of cancellation. The buyer shall have the right to cancel the
home food service plan contract until midnight of the third business day
after the day on which the buyer executed the contract or after the day
on which the seller provided the buyer with a fully executed copy of the
contract, whichever is later.

4. Disclosures required in a written contract. A seller of a home food
service plan must disclose to buyers in a contract in writing, in a form
approved by the commissioner of agriculture and markets, the following:

a. the name and address of the seller;

b. whether substitutions of food items may be or are made, under which
circumstances such substitutions will be made, the substitution values
in terms of price, and whether the prospective buyer has the right to
refuse such substitutions;

c. the terms and conditions of food spoilage protection, if any;

d. that the buyer is not obligated to (1) enter into an additional
home food service plan contract; (2) purchase any appliance, including,
but not limited to, a freezer, refrigerator-freezer, or microwave oven;
(3) purchase food spoilage protection; or (4) purchase any other product
from the seller in order to enter into a home food service plan;

e. the U.S.D.A. quality grade of the meat supplied, if so graded, and
the primal source, if applicable;

f. an itemized list of the components of the home food service plan;

g. the estimated weight of each meat, poultry and seafood item offered
for sale under the home food service plan, provided, however, that such
estimates shall not differ from the actual weight at time of delivery by
more than five percent;

h. the price per pound of each meat, poultry and seafood item to be
supplied;

i. the total price of the home food service plan, the service charge
and the estimated price of each meat, poultry and seafood item to be
supplied;

j. the weight, measure or count and unit price of all other food and
non-food items supplied for sale;

k. that at the time of delivery the buyer will be furnished with an
itemized list stating the identity, primal source, if applicable,
weight, measure or count, total number of packages supplied, price per
pound, which shall be the price specified in the home food service plan
contract, and total price of each food and non-food item included in the
sale;

l. that the buyer may cancel the contract until midnight of the third
business day after the day on which the buyer executed the contract or
after the day on which the seller provided the buyer with a fully
executed copy of the contract, whichever is later, by giving written
notice of cancellation to the seller; and 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 monies
received from the buyer minus the price of the actual amount of food and
non-food products delivered to and not returned or tendered by the buyer
following cancellation. Notice of cancellation if given by mail shall be
deemed given when deposited in a mailbox properly addressed and postage
prepaid.

5. Invoice at delivery required. At the time of delivery, the seller
shall provide to the buyer a written invoice disclosing the name and
address of the seller and the identity, primal source, if applicable,
weight, measure or count, total number of packages supplied, price per
pound, which shall be the price specified in the home food service plan
contract, and total price of each food and non-food item included in the
sale.

6. Restriction on assignment of obligation. 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 contract or
after the day on which the seller provided the buyer with a fully
executed copy of the contract, 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 subdivision 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 section
can be asserted affirmatively against or as a matter of defense to or
set-off against a claim by the assignee.

7. Violations:

A violation of this section shall be subject to the applicable
penalties of this chapter. A violation of this section shall not
constitute a misdemeanor pursuant to the provisions of section forty-one
of this chapter unless such violation is committed with intent to
defraud.

In addition to the foregoing, an application may be made to a court or
justice having jurisdiction to issue an injunction, to enjoin and
restrain the continuance of such violations; and if it shall appear to
the satisfaction of the court or justice, that the defendant has, in
fact, violated this section, an injunction may be issued by such court
or justice, enjoining and restraining any further violation.