Section 14.207. Clearance and close out sales.

(1) In connection with advertising offering consumer  items pursuant to either a clearance or close out sale, where the advertiser is, or will be, unable to either give a raincheck or substitute an item of equal or greater monetary  value,  the advertiser shall disclose the quantity on hand and available during a disclosed period of sale. However, where the sale is announced in an advertisement required to be produced not less than 10 days prior to publication, the numeric quantity to be disclosed is  that  amount  on  hand  at   the  time  of   preparation   of   the advertisement if the sale items are in fact made readily and conspicuously available for sale during  the  interim period   between   preparation  and

publication and the advertisement discloses as of what date that numeric quantity was determined; but if the sale items are not made readily and conspicuously available during the interim period, then the numeric quantity stated in the advertisement shall be  equal to  the  greater  of

those actually on hand at time of preparation of the  advertisement  or actually on hand at time ofpublication.

(2) In connection with a "clearance" or "close out" sale, an advertiser with more than 1 store, branch, or outlet participating in the sale shall make readily and conspicuously available in each store, branch, or outlet a reasonable number of each consumer item subject  to   the  sale,  unless    a disclaimer, as provided in R 14.208(2)(a) or (b), is set forth.

History:  1979 AC.