Section 28-5205 - ExemptionsThis chapter does not apply to:
(1) Prepackaged food that contains separately identifiable items that are separated by physical division within the package;(2) Any item sold only by prescription;(3) Any item subject to the packaging or labeling requirements of the federal Bureau of Alcohol, Tobacco and Firearms or to any pricing requirements under federal law;(4) Any item actually being sold through a vending machine;(5) Any item delivered directly to a retail sales agency without passing through warehousing or other inventory facility used by the agency;(6) Commodities packaged in quantities of less than 28 grams (one ounce) or 29 milliliters (one fluid ounce) or when the total retail price is 50 cents or less;(7) When only one brand of a particular commodity in only one size is offered for sale in a particular retail establishment;(9) Combination packages; or(10) A person with less than $30 million in gross volume of sales of consumer commodities and to whom at least one of the following applies:(A) During the preceding calendar year, sold a gross volume of consumer commodities of less than $750,000;(B) Is not part of a company which consists of 10 or more sales agencies in or out of the District of Columbia;(C) Derives less than 15% of its total revenues from consumer commodities subject to this chapter; or(D) Is owned and operated by not more than one individual and the members of the person's immediate family.Apr. 23, 2013, D.C. Law 19-282, § 2(c), 60 DCR 2132.