Perris Municipal Code Ch. 7.50 Healthy Options at Checkout

According to the Centers for Disease Control and Prevention (CDC), two-thirds (68.5%) of American adults are overweight or obese. In 2016, in the City of Perris, in Riverside County, State of California, 53 percent of adult residents were diagnosed with pre-diabetes or diabetes. The purpose of this chapter is to support families by offering them healthy food and beverage items at checkout aisles and the choice to avoid high-calorie, low-nutrient food when they do their grocery shopping.

(Ord. No. 1423, § 2, 2-14-2023)

For purposes of this chapter, the following words and phrases shall have the following meanings:

(1) Checkout area. Any area that is accessible to a customer of a commercial establishment with groceries that is within a six-foot radius of any register. This may also be referred to as checkout aisle.

(2) Commercial establishment with groceries. A commercial establishment larger than 2,500 square feet which sells groceries including food products and produce, household items and packaged alcoholic beverages as an incidental commodity to the establishment, but not including small businesses as defined in this chapter.

(3) Register. A cash register or similar device that calculates the sale of goods, holds money, and displays the amount of sales to a customer found in the primary checkout area of a commercial establishment typically located at the front of the commercial establishment.

(4) Small business. An independently owned and operated business that is not dominant in its field of operation with five employees or fewer.

(Ord. No. 1423, § 2, 2-14-2023; Ord. No. 1433, § 2, 9-12-2023)

(a) A commercial establishment with groceries that sells beverage items at the checkout aisle shall make the default beverage options the following:

(1) Water, including carbonated water with no added caloric sweeteners;

(2) Coffee or tea with no added caloric sweeteners (permissible condiments include sugar, sugar substitutes, milk, and creamer products);

(3) Fat-free or one percent low-fat dairy milk or calcium- and vitamin D-fortified soymilk with fewer than 200 calories per container;

(4) One hundred percent fruit juice or fruit juice combined with water or carbonated water, with no added caloric sweeteners, in a size no greater than 20 fluid ounces;

(5) One hundred percent vegetable juice with no added caloric sweeteners, no more than 200 milligrams of sodium per container, and in a size no greater than 20 fluid ounces; or

(6) Low-calorie beverages that have no more than 40 calories per container.

(b) A commercial establishment with groceries that sells food items at the checkout aisle shall make the default food items, per package, the following:

(1) No more than 200 calories;

(2) No more than 35 percent of calories (or ten grams) from total sugars;

(3) No more than 200 milligrams of sodium; and

(4) Meet at least one of the following standards or have the first ingredient on the ingredients list be:

a. Sugar-free chewing gum or mint; or

b. Fruits or vegetables; or

c. Nuts, seeds, or legumes; or

d. Whole grains; or

e. Low-fat or fat-free dairy.

The requirements of subsections (1) through (3) of this section shall not apply to fruits, vegetables, nuts, seeds, and legumes.

(Ord. No. 1423, § 2, 2-14-2023; Ord. No. 1433, § 3, 9-12-2023)

(a) The city is hereby authorized to issue all rules and regulations consistent with this chapter, including, but not limited to, fees for re-inspection.

(b) The city may require a commercial establishment with groceries to provide such information as may be necessary to determine the establishment's compliance with this chapter.

(c) Any business that is not subject to the requirements of this chapter may voluntarily comply with the requirements of this chapter provided that such voluntary compliance shall not be subject to the penalties provided by this chapter.

(d) This chapter shall not be enforced where its enforcement is prohibited by applicable law, including, without limitation, applicable federal and state law.

(Ord. No. 1423, § 2, 2-14-2023; Ord. No. 1433, § 4, 9-12-2023)

In addition to all other available remedies at law, this chapter shall be enforceable through the use of the administrative citation procedures set forth in Perris Municipal Code Chapter 1.18.

(Ord. No. 1423, § 2, 2-14-2023)

This chapter and the legal requirements set forth herein shall take effect and be in force January 1, 2024

(Ord. No. 1423, § 2, 2-14-2023; Ord. No. 1433, § 5, 9-12-2023)