National City Municipal Code Ch. 10.56 Consumer Commodities

A. Definitions.

1. "Automatic check out system" means a computer capable of reading the universal product code or similar code to determine the price of items being purchased.

2. "Consumer commodity" includes:

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. Napkins, facial tissues, toilet tissue, foil wrapping, plastic wrapping, paper toweling and disposable plates and cups;

c. Detergents, soaps and other cleaning agents;

d. Pharmeceuticals, including nonprescription drugs, bandages, female hygiene products and toiletries.

3. "Grocery department" is 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.

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

5. "Sale item or special" is 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 is usually sold for in that store.

B. Package Labeling Requirements. 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.

C. The provisions of this section shall not apply to any of the following:

1. The following consumer commodities which were not generally item-priced on January 1, 1977, as determined by the Department of Food and Agriculture:

a. Beer, individual containers,

b. Soft drink, individual containers,

c. Candy bars, mints,

d. Dry drink, individual packets (Kool-aid type),

e. Cigarettes and cigars, either individually or in cartons,

f. Baby food, strained and junior jars only,

g. Eggs,

h. Frozen novelties (ice cream bars, popsicles, etc.),

i. Ice cream, cartons,

j. Milk, including buttermilk and chocolate drink,

k. Packaged produce,

1. Yogurt;

2. Any unpackaged fresh food produce or to consumer commodities that are under three cubic inches in size, weighing less than three ounces and priced under thirty cents;

3. Any consumer commodity offered as a sale item or as a special;

4. Any 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 regular employees;

5. Identical items within a multi-item package;

6. Items sold through a vending machine.

D. Violations and Penalties.

1. The intentional violation of this section shall be an infraction.

2. Failure to have a clearly readable price indicated on twelve units of same item or of the same item of the same commodity shall constitute a presumption of intent to violate this section.

3. Every additional twelve units of the same item that fail to have an indicated price on them shall constitute a presumption of intent to violate this section.

4. Each day that a violation continues shall also constitute a separate violation, after notification thereof to the manager or assistant manager of the retail grocery store or the grocery department of the general retail merchandise store, and shall constitute a presumption of intent to violate this section.

5. Notwithstanding any other provision of law, any person may bring an action to enjoin a violation of this section.

E. Liability. Any person, firm, corporation, or association who violates this section shall be liable to any person injured for any losses or expenses thereby incurred and for the sum of fifty dollars in addition thereto. The remedy set forth herein is applicable only to actions brought in the name of and on behalf of a single plaintiff and shall not be applicable in multiple-plaintiff or class actions.

F. Unintentional Error. Improper pricing on the shelf or on the item due to unintentional error shall not constitute a violation of this section.

G. The remedies set forth in this section are the exclusive remedies available to any person for violation of this section.

(Ord. 1724, 1980)