D.C. Code § 28-5205: Exemptions.

This 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;

(8)

Variety packages;

(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.