Consumer Affairs

Bulk Sales of Wrapped Candy
Information Sheet No. 1

The Seattle Municipal Code requires that all commodities that are sold by weight must be sold by net weight [SMC 7.04.500]. When packaged or wrapped items (such as individually wrapped candies) are sold from bulk displays by weight, the price must be based on the net weight, not the weight including the individual piece wrappings. This requires that stores deduct both the weight of the bag and the weight of the piece wrappings.

There are many options that store managers may choose from to comply with the requirement to sell by net weight. Newer point-of-sale (POS) systems are available that can compute and deduct both fixed tare (for bags) and percentage tare (for piece wrappings). Some stand-alone scales also have the capability of deducting percentage tare. Alternatively, store managers may elect to deduct tare manually. If this option is chosen, store managers must ensure that employees understand the procedures and follow them.

Some stores use older point of sale systems that cannot compute percentage tare. As an interim measure, these stores will be permitted to use a price look-up (PLU) code with a fixed tare for all bulk sales of wrapped candy. The fixed tare must be calculated using the candy with the greatest wrapper weight and based on the size of bag available to consumers (e.g., 1 pound bag). This is not a permanent means of complying with the requirement to sell by net weight.

Stores found selling wrapped candy from bulk without deducting tare for piece wrappings will be informed about the requirement to sell by net weight. If a store continues to sell candy in this manner, the candy may be ordered off sale [SMC 7.04.160]. In addition, a criminal complaint may be prepared by the Consumer Affairs Unit and submitted to the City Attorney for violation of SMC 7.04.690.A.5, "It is unlawful for any person...to...sell, or offer or expose for sale, less than the quantity he represents of any commodity..."

The Consumer Affairs Unit is available to answer any questions regarding this issue. If you need assistance please contact us at the address and telephone number provided at the bottom of this information sheet.