New regulation regarding the Supermarket Shelf regime
By Mariano Peruzzotti and Antonella Balbo.
On July 8, 2021, Resolution 696/2021 (“the Resolution”) of the Secretariat of Domestic Trade was published in the Official Gazette. The Resolution complements the Supermarket Shelf Law No. 27,545 (“LG Law”, for its acronym in Spanish) providing specifications for wholesale establishments.
The Resolution provides certain guidance on provisions of the LG Law, which has been regulated by Decree No. 991/2020, as we previously commented in a former edition of our Be News (see https://www.ojambf.com/en/new-decree-regulates-supermarket-shelf-law/).
i- The independent display space with assorted retail products next to the checkout cashiers’ line shall not be considered as shelves space or display island for the purposes of the restrictions and conditions set forth in section 7 of the LG Law, provided that it does not exceed 6% of the total commercialization area of the sales floor.
ii- Display islands in the terms of section 7 d) of the LG Law, which provides that 50% of the islands contiguous to the checkout cashiers must be occupied by products of national SMEs, shall be considered as exhibit places consisting of a group of products on pallets, arranged on the commercialization surface or contiguous to a corner shelf without a structure and with vertically arranged ledges.
iii- Places for storage and stockpiling of products in the wholesale supermarket premises shall not be subject to the limitation on the exhibit of products set forth in section 7 of the LG Law, provided that the products stored at those places are not available for direct commercialization.
iv- Lowest priced product will be considered as the product that, according to the wholesale unit, have the lowest price list offered to the consumer on a regular and non-temporary basis. Therefore, those products whose lowest price list results from sales, discounts or temporary bargains, or those related to certain means of payment or memberships, shall not be considered.
For further information contact: mperuzzotti@ojambf.com.
