(a)  The seller shall provide the buyer with a single document, referred to in this subsection as the “written agreement”, which shall clearly and conspicuously disclose the following:

(1)  The name, address and telephone number of the seller and the name and address of the buyer;

(2)  The date of the contract;

(3)  The price of the food and non-food 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 non-food items, and the price of the service charge; and

(6)  A statement that the buyer shall have the right to cancel the home food service plan contract until midnight of the third (3rd) business day after the date 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. A notice in the form provided in federal or state statutes, rules or regulations governing form of notice of right of cancellation, shall be deemed satisfactory notice of the requirements of this subsection.

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Terms Used In Rhode Island General Laws 21-35-3

  • Buyer: means both the actual and prospective purchaser, but does not include persons who purchase for resale. See Rhode Island General Laws 21-35-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means all of the collective written agreements subscribed 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. See Rhode Island General Laws 21-35-2
  • Home food service plan: means the offering for sale to a consumer of any food item, or food item in combination with any non-food product and/or services, whether or not a membership fee or similar charge is involved, for a total price in excess of two hundred dollars ($200) if either: (i) the item or items are to be delivered to the dwelling of the household consumer, or (ii) the contract is entered into at the dwelling of the household consumer. See Rhode Island General Laws 21-35-2
  • Item price: means the price of a food or non-food item sold as part of a home food service plan computed to the nearest whole cent and exclusive of any service charge(s) and expressed in relation to the appropriate unit of weight, measure, or count of the item. See Rhode Island General Laws 21-35-2
  • 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 source as the belly, loin, ham, spareribs, shoulder, and jowl. See Rhode Island General Laws 21-35-2
  • Seller: means any person, partnership, corporation or association, however organized, engaged in the sale of a home food service plan. See Rhode Island General Laws 21-35-2
  • Service charge: means the aggregate 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. See Rhode Island General Laws 21-35-2

(b)  In addition to the disclosures required by this section on the written agreement, the following disclosures are required to be provided to the buyer in additional contract documents at the time of sale:

(1)  A written list of all food and non-food items to be sold, which shall include:

(i)  The identity of each item and, where applicable, the USDA quality grade; the primal source; and the brand or trade name;

(ii)  The quantity of each item;

(iii)  The estimated serving size by net weight of each price of meat, poultry and seafood item offered for sale under the home food service plan; provided, that these estimates shall not differ from the actual weight at the time of delivery by more than five percent (5%), 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

(iv)  The net weight, measure or count of all other food and non-food items offered for sale;

(2)  A dated item price list stating in dollars and cents the price per kilogram or pound or other applicable unit of measure, and the total sale price of each food item to be delivered. This price list shall clearly and conspicuously make reference to whether there are additional costs disclosed in the written contract 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.

History of Section.
P.L. 1992, ch. 99, § 1.