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Method of sale regulations
In general
Method of sale regulations ensure that consumers have the opportunity to make informed decisions when making purchases. Fair competition is also maintained by requiring that all retail stores use the same method.

General method of sale
In general, commodities must be sold by
  • Weight if the commodity is solid, semisolid, viscous, or a mixture of solid and liquid.
  • Liquid measure if the commidity is liquid.
  • Dry measure if the commodity is dry.
  • Numerical count in some instances.

Customary practices
If there is a firmly established general consumer usage or trade custom with respect to how a commodity is sold, the commodity may be sold in its traditional method as long as the consumer is still provided with adequate quantity information. Any net content statement that does not permit price and quantity comparisons is forbidden.

Method of sale for specific products
Oregon adopts the method of sale regulations in the National Institute of Standards and Technology (NIST) Handbook 130. For a detailed explanation of the method of sale for specific products, please see NIST Handbook 130.

Meat, poultry, fish & seafood
Meat, poultry, fish and seafood must be sold by weight
All meat, poultry, fish and seafood exposed for sale as food, shall be sold, offered or exposed for sale by weight.
Products containing meat, poultry, fish and seafood that are sold for immediate consumption on the premises where sold and/or are a part of a ready-to-eat meal are not required to be sold by weight.

Selling by the "each"
Some seafood products are allowed to be sold by the "each" from the bulk seafood counter, as long as rules are followed to ensure accurate and adequate information so that consumers can make price and quantity comparisons.

What does selling by the "each" mean?
Selling by the "each" out of the fresh case means that the items all meet or exceed a standard weight. The item will have a total price displayed (known as the "each" price) and will also have a price per pound to allow you to compare to other items in the case. The item does not get weighed when you select it because the retailer is already assuring that it meets the standard weight. Other bulk items in the case will only have a price per pound displayed and will be weighed for you at the case and the total price will be based upon that weight.

What types of products might be sold by the each?
There has been a great interest by retailers to sell items such as lobster tails, kabobs, crab cakes, and salmon portions by the each. As long as these items meet the standard weight displayed, this practice allows the customer to easily see the total selling price rather than seeing only a price per pound and needing to weigh out the item before knowing the total price.

How do these products need to be labeled at the store?
At the case they must label the identity, the net weight, the retail price, and the price per pound. The type size of the net weight and retail price may not exceed the type size of the price per pound. 
For example:
4 oz. Salmon Portion
$3.99 each
$15.99 / lb.

How do these products need to be advertised?
In the advertisement they must display the identity, the retail price, and the net weight, but we do not require them to display the price per pound.

Ready-to-eat food
What is ready-to-eat food?
Ready-to-eat food is food offered or exposed for sale without additional cooking or preparation, which is packaged on the premises where sold andis ready for consumption.
This does not include sliced luncheon products, such as meat, poultry, or cheese when sold separately.

Method of sale for ready-to-eat food
Ready-to-eat food may be sold by weight, measure, or count (count includes servings) as long as
  1. if it is offered by count or measure when this method is not customary, it shall be offered for sale in areas of the establishment where customers would expect to find ready-to-eat food (e.g., deli), and
  2. if offered for sale near similar products packaged off of the premises, the ready-to-eat foods shall be sold by the same method of sale as the similar products.

More Information