TransActPOS currently addresses the PaintCare fee requirement by establishing a size-based fee structure that is assigned to the applicable products being sold by the retailer. When the product is sold, the assigned PaintCare fee is added to the invoice detail as a separate line item. If the quantity of the product sold is changed, automatically the associated fee's quantity is changed.
TransActPOS is currently reviewing our application's management of the PaintCare fee in response to the proposed change in State Pricing Laws to determine the best approach to include the PaintCare Fee within the retail price printed on the paper price tag or on the ESL (Electronic Shelf Label).
State Pricing Laws may Govern how Pricing for PaintCare Products must be Displayed by Retailers
For more detailed information about the proposed change in state pricing law, go to https://www.paintcare.org/pricinglaws
Summary: The purpose of this notice is to provide informational guidance on rules that may govern whether retailers must include the PaintCare Fee as part of the advertised “sticker price” of program-eligible products when that price is displayed to consumers prior to purchase (e.g., on sticker prices, shelf price tags, product pricing in advertisements, etc.). Retailers that choose not to incorporate the PaintCare Fee as part of the sticker price of program-eligible products may run afoul of legal requirements in some states.
Background: In all states that have paint stewardship laws, a fee (called the PaintCare Fee) must be added to the wholesale price of architectural paint sold in the state. All retailers, distributors, and manufacturers selling architectural paint in the state must pay that fee and pass it on to end consumers.
Although paint stewardship laws are silent on whether the PaintCare Fee should be incorporated into the sticker price, most states have price accuracy laws that govern the nature of pricing information that must be disclosed to consumers. Retailers should be mindful that regulators in some states may view their state’s laws as requiring retailers to incorporate the PaintCare Fee in the sticker price of the product, regardless of whether a retailer chooses to break the PaintCare Fee out separately on purchase receipts. Accordingly, PaintCare encourages retailers to review those state laws to determine if there are specific requirements regarding how the price of paint, including the PaintCare Fee, should be displayed to customers in the state(s) in which each retailer operates. A list of potentially relevant laws per state is available below.