San Mateo County Municipal Code Ch. 5.112 Automatic Checkout Systems

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 unpacked fresh food produce;

(2) Any consumer commodities which are under three cubic inches in size, weigh less than three ounces (3 oz.), and are priced under thirty cents ($.30);

(3) 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;

(4) Identical items within a multi-item package;

(5) Items sold through a vending machine; or

(6) Any consumer commodity offered as a sale item or as a special.

(Prior code § 5650.0; Ord. 2622, 01/02/80)

For 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) Paper and plastic products, such as, but not limited to, 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 non-prescription drugs, bandages, 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.

(Prior code § 5650.1; Ord. 2622, 01/02/80)

Failure to have a clearly readable price indicated on 12 units of the same item of the same commodity shall constitute a presumption of intent to violate Section 5.112.010. Every additional 12 units of the same item that fail to have a price indicated on them shall constitute a presumption of intent to violate Section 5.112.010. 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 5.112.010.

(Prior code § 5650.2; Ord. 2622, 01/02/80)

Any person who authorizes, allows or otherwise is responsible for a violation of Section 5.112.010 of this chapter shall be guilty of an infraction. Such violation shall be punishable by a fine of not more than Fifty Dollars ($50) for a first offense within the 12-month period immediately preceding the commission of the offense and a fine of not more than One Hundred Dollars ($100) for a second offense within the 12-month period immediately preceding the commission of the offense.

A violation of Section 5.112.010 of this chapter which would otherwise be an infraction is a misdemeanor if a person has been convicted of two or more violations of this ordinance within the 12-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading, and is punishable as otherwise provided in this code. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

Improper pricing on the shelf or on the item due to unintentional error shall not constitute a violation of this chapter.

(Prior code § 5650.3; Ord. 2622, 01/02/80)

This chapter shall be enforced by the San Mateo County Sealer of Weights and Measures.

(Prior code § 5650.4; Ord. 2622, 01/02/80)

If any part or provision of this ordinance, or the Application thereof to any person or circumstance, is held invalid, the remainder of the ordinance, including the Application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this chapter are severable.

(Prior code § 5650.5; Ord. 2622, 01/02/80)