Marin County Municipal Code Ch. 5.42 Item Price Marking

For the purposes of this chapter, the following definitions shall apply:

(a) "Automatic checkout system" means an electronic system employing a scanning device combined with a computer and register to read universal product code or similar code to determine the costs of items being purchased.

(b) "Consumer commodity" includes:

(1) 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;

(2) Paper products such as napkins, facial tissues, toilet tissues, foil wrapping, plastic wrapping, paper toweling, and disposable plates and cups;

(3) Detergents, soaps and other cleaning agents;

(4) Pharmaceuticals, including nonprescription drugs, bandages, hygiene products, and toiletries.

(c) "Grocery department" means 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.

(d) "Grocery store" means a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.

(e) "Sale item" means any consumer commodity offered in good faith for a period of seven days or less on sale, at a price below the normal price that item is usually sold for in the store.

(f) "Person" means an individual, firm, corporation, partnership, association or other organization, group or combination acting as a unit.

(Ord. 2454 § 1, 1980: Ord. 2445 § 1 (part), 1979)

Every retail agency 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 February 1, 1980; provided, however, that said requirement shall not apply to:

(1) Any unpackaged fresh food or produce;

(2) Any consumer commodity which is under three cubic inches in size, weighs less than three ounces, and is priced for less than thirty cents;

(3) 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 other persons employed on a regular schedule for a continuing period of time;

(4) Identical items within a multi-item package; (5) Items sold through a vending machine;

(6) Sale items;

(7) Beer in individual containers;

(8) Candy bars and mints;

(9) Dry packaged drinks in individual packages; (10) Soft drinks in individual containers;

(11) Baby food (strained and junior jars only);

(12) Cartons of cigarettes;

(13) Eggs;

(14) Cartons of frozen novelties (ice cream bars and popsicles);

(15) Cartons of ice cream;

(16) Milk (buttermilk, chocolate, whole, low fat and nonfat);

(17) Packaged produce;

(18) Yogurt.

(Ord. 2454 § 2, 1980: Ord. 2445 § 1 (part), 1979)

Every person who intentionally violates Section 5.42.020 is guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than one hundred dollars nor more than five hundred dollars, or to imprisonment in the County Jail for a term of not more than six months, or by both such fine and imprisonment.

(Ord. 2454 § 4, 1980)

(a) Failure to have a clearly readable price indicated on twelve units of the same item of the same commodity constitutes a presumption of intent to violate Section 5.42.020.

(b) Every additional twelve units of the same item that fail to have a price indicated on them constitutes a presumption of intent to violate Section 5.42.020.

(Ord. 2454 (part), 1980: Ord. 2445 § 1 (part), 1979)

Each day that a violation continues after notification thereof by any person to the manager or assistant manager of the grocery store, or the grocery department of the general merchandise store, constitutes a separate violation and also constitutes a presumption of intent to violate Section 5.42.020.

(Ord. 2454 § 5, 1980: Ord. 2445 § 1 (part), 1979)

Any person may bring an action in any court of competent jurisdiction to enjoin a violation of Section 5.42.020.

(Ord. 2454 (part), 1980: Ord. 2445 § 1 (part), 1979)