Chapter 10.34

ITEM PRICE MARKING IN GROCERY STORES

Sections:

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; provided, however, that said requirement shall not apply to:

1. Any consumer commodity which was not generally item-priced on January 1, 1977, as was determined by the department of food and agriculture pursuant to subdivision (c) of Section 12604.5 of the Business and Professions Code of the state of California, as this section read on July 8, 1977, prior to its repeal by Chapter 763 of the California Statutes of 1977.

2. Any unpackaged produce, or consumer commodities which are under three cubic inches in size, weigh less than three ounces, and are priced under thirty cents ($0.30).

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.

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PUBLIC PEACE, MORALS AND WELFARE

§ 10.34.040

5. Identical items within a multi-item package.

6. Items sold through a vending machine.

(Ord. 20343.)

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

1. "Automatic checkout 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 tissues, foil wrapping, plastic wrapping, paper toweling, and disposable plates and cups.

   • c. Detergents, soaps and other cleaning agents.

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

3. "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.

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" 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 that store.

• (Ord. 20343.)

• A. Any person, firm, corporation or association who intentionally violates any of the provisions of Section 10.34.010 shall be guilty of a misdemeanor.

• B. Failure to have a clearly readable price indicated on twelve units of the same item of the same commodity shall constitute a presumption of intent to violate Section 10.34.010.

• C. Every additional twelve units of the same item that fail to have a price indicated on them shall constitute a presumption of intent to violate Section 10.34.010.

• D. 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 Section 10.34.010.

• (Ord. 20343.)

• A. Any person may bring an action in any court of competent jurisdiction to enjoin a violation of Section 10.34.010.

• B. Any person, firm, corporation, or association who violates Sections 10.34.010 and 10.34.020 shall be liable to any person injured for any losses and expenses incurred as a result of the violation and for the sum of fifty 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. 20343.)

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SAN JOSÉ CODE