Alameda Municipal Code § 6-39 Item Price Marking on Packaged Consumer Commodities

As used in this section:

Automatic checkout system shall mean an electronic system employing a scanning device combined with a computer and register to read a universal product code or similar code on packaging and display and total the cost of the items purchased.

Consumer commodity shall mean:

a. Food, including all material whether solid, liquid, or mixed, and whether simple or compound, which is used or intended for consumption by human beings or domestic animals normally kept as household pets, and all substances or ingredients added to any such material for any purpose. This definition shall not apply to individual packages of cigarettes or individual cigars.

b. Paper and plastic products, such as, but not limited to, napkins, facial tissue, toilet tissue, foil wrapping, plastic wrapping, paper toweling, and disposable plates and cups.

c. Detergents, soaps and other cleaning agents.

d. Pharmaceuticals, including nonprescription drugs, bandages, hygiene products, and toiletries.

Grocery department shall mean an area within a general retail merchandise store which is engaged primarily in the retail sale of packaged food, rather than food prepared for immediate consumption on or off the premises.

Grocery store shall mean a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.

Person shall mean an individual, firm, corporation, partnership, association or other organizational group or combination acting as a unit.

(Ord. No. 2002 N.S.)

Every retail grocery store or grocery department within a general retail merchandise store which uses an automatic checkout system shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale on or after May 1, 1980, provided, however, that this requirement shall not apply to:

a. Any unpackaged fresh food produce or fresh dairy product.

b. Any consumer commodity under three (3) cubic inches in size or weighing less than three (3) ounces or priced for less than thirty ($0.30) cents.

c. Any grocery business which has as its only regular employees the owner thereof, or the parent, spouse, or child of such owner, or in addition thereto, not more than two (2) other persons employed on a regular schedule for a continuing period of time.

d. Identical items within a multi-item package.

e. Items sold through a vending machine.

(Ord. No. 2002 N.S.)

a. Misdemeanor. Any person intentionally violating any of the provisions of subsection 6-39.2 of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not less than one hundred ($100.00) dollars and not more than five hundred ($500.00) dollars, or by imprisonment for a term of not more than six (6) months or by both such fine and imprisonment.

b. Presumptions.

1. Failure to have a clearly readable price indicated on twelve (12) units of the same item of the same commodity shall constitute a presumption of intent to violate subsection 6-39.2.

2. Every additional twelve (12) units of the same item that fail to have a price indicated on them shall constitute a presumption of intent to violate subsection 6-39.2.

c. Continuing Violation. Every day that a violation continues after notification thereof by any person to the grocery store or department manager or assistant manager shall constitute a separate violation and shall constitute a presumption to violate subsection 6-39.3.

(Ord. No. 2002 N.S.)

a. Injunction. Any person may bring an action in any Court of competent jurisdiction to enjoin a violation of subsection 6-39.2.

b. Costs. Persons violating subsection 6-39.2 shall be liable to any person injured for losses and expenses and attorney's fees incurred as a result of the violation and for the sum of fifty ($50.00) dollars in addition thereto. This remedy shall apply only to actions brought by or on behalf of a single plaintiff and shall not apply to multiple plaintiffs or class actions.

(Ord. No. 2002 N.S.)