§ 21-35-2 - Definitions.

SECTION 21-35-2

   § 21-35-2  Definitions. – As used in this chapter the following words and phrases have the followingmeanings:

   (1) "Buyer" means both the actual and prospective purchaser,but does not include persons who purchase for resale.

   (2) "Contract" means all of the collective written agreementssubscribed by a buyer at the time of sale relating to the purchase of a homefood service plan, except promissory notes or other financing agreements.

   (3) "Food items" means each edible product sold as part of ahome food service plan, including, but not limited to, each constituent part orkind of meat cut from a primal source, each kind of whole poultry or poultrypart, seafood products, and other like products.

   (4) "Home food service plan" means the offering for sale to aconsumer of any food item, or food item in combination with any non-foodproduct and/or services, whether or not a membership fee or similar charge isinvolved, 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 householdconsumer, or (ii) the contract is entered into at the dwelling of the householdconsumer.

   (5) "Item price" means the price of a food or non-food itemsold as part of a home food service plan computed to the nearest whole cent andexclusive of any service charge(s) and expressed in relation to the appropriateunit of weight, measure, or count of the item.

   (6) "Non-food item" means each inedible product sold as partof a home food service plan, including, but not limited to, paper products,health and beauty products, detergents, cleaners and disinfectants, rolls ofwrapping, and like products. The term does not include food items and durableconsumer goods such as appliances.

   (7) "Primal source" means the following cuts: (i) for beef,the primal sources are the round, flank, loin, rib, plate, brisket, chuck andshank; (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 thebelly, loin, ham, spareribs, shoulder, and jowl.

   (8) "Seller" means any person, partnership, corporation orassociation, however organized, engaged in the sale of a home food service plan.

   (9) "Service charge" means the aggregate price for anyadditional features, services and processing associated with the purchase of ahome food service plan including, but not limited to, cutting, wrapping,freezing, delivery, and membership fees.