RECENT AMENDMENTS ON THE PRICE TAG REGULATION

The Amending Regulation on the Price Tag Regulation (In Turkish, “Fiyat Etiketi Yönetmeliği’nde Değişiklik Yapılmasına Dair Yönetmelik”, “Amending Regulation”) has been published in the Official Gazette dated 18 February 2022, numbered 31754 and entered into force on 1 March 2022.

The below mentioned amendments have been made to the Price Tag Regulation published in the Official Gazette dated 28 June 2014 (the “Price Tag Regulation”).

In this context, the amendments modify the Price Tag Regulation with the calculation of the sale price and the unit of the price of the goods. The Amending Regulation introduces new rules on the provisions related with labelling and information that is required to be indicated on the tags.

As per the Amending Regulation, the clauses (c), (g) and (h) of the Article 4 of the Price Tag Regulation titled “Definitions” have been amended and the clause (n) has been added to the same Article, as follows.

• (c) Price Tag: the tag used by sellers to inform consumers about the mandatory matters determined by the Regulation in relation to the goods provided for retail sale”
• (g) Unit Price of the Good: the price of a good, comprising all taxes, specified in the amount of the unit of the measurement convenient for the type of the good, in accordance with amount, length and space or size in line with the business practices, established sales methods and form of sale.
• (h) Sale Price: the cash price comprising all taxes calculated on the net amount of the good sold or the cash price of the services rendered comprising all taxes.
• (n) Net Amount: The amount of the packaged goods except for the packaging material and other materials packaged with the goods.

Hence, on the price tags of the goods; the requirements that must be fulfilled were expressed in a more detailed way and the requirement to calculate the sale price and unit price of the goods over the net amount comprising all taxes has been put in place.

We would like to also bring to your attention the following changes brought by the Amending Regulation. As per Article 5 of the Price Tag Regulation under the heading of “Obligation to Have Labels” (in Turkish, “Etiket Bulundurma Zorunluluğu”), the information on labels and lists, such as the place of manufacturing, distinctive features, sales price of the goods must be written in Turkish language.

In case there is a deposit fee for the delivery and return of the packaging, apart from the sales price of the packaged goods, the amount of the deposit fee shall be indicated on price tags in addition to the mentioned information previously determined in the Price Tag Regulation.

Article 7 of the Price Tag Regulation with the heading of “Label Placement” (in Turkish, “Etiket Konuluş Biçimi ve Yeri” has been amended to place tags “on the packaging or container” of the good by the retail sellers.

Article 11 of the Price Tag Regulation related with discounted sales under the heading “Discounted Sales” (in Turkish, “İndirimli Satışlar”) has been amended as the discounted sale price of a good or service subject to discounted sale must be indicated on the tag along with the price prior to discount, tariff and price lists. In determining the sales price of the good offered for discounted sale, the lowest price applied within thirty (30) days before the discount shall be taken as a basis. The burden of proof regarding this matter lies with the seller or supplier.

Our Law Firm remains at your disposal for any further clarifications you may need.