Santa Barbara County Municipal Code Ch. 16A Food and Other Consumer Commodities—price Marking

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

Automatic Checkout System. An electronic system employing a scanning device combined with a computer and register to read a universal product code or similar code on packaging and display and total the cost of the items purchased.

Consumer Commodity.

(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 nonprescription drugs, bandages, hygiene products, and toiletries.

Grocery Department. 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.

Grocery Store. A store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.

Person. An individual, firm, corporation, partnership, association or other organization, group or combination acting as a unit.

(Ord. No. 3165, § 1)

Every retail grocery store or grocery department within a general 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 June 15, 1980; provided, however, that said requirement shall not apply to:

(a) Any unpackaged fresh food produce;

(b) Any consumer commodity under three cubic inches in size and weighing less than three ounces and priced for less than thirty cents;

(c) 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;

(d) Identical items within a multi-items package;

(e) Items sold through a vending machine.

(Ord. No. 3165, § 1)

(a) Any person intentionally violating any of the provisions of section 16A-2 of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not less than one hundred dollars, and not more than five hundred dollars, or by imprisonment in the jail of the county for a term of not more than six months or by both such fine and imprisonment.

(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 16A-2.

(c) Every additional twelve units of the same item that fails to have a price indicated on them shall constitute a presumption of intent to violate section 16A-2.

(d) Each day that a violation continues after notification thereof by any person to the grocery store or department manager or assistant manager shall constitute a separate violation and shall constitute a presumption to violate section 16A-2.

(Ord. No. 3165, § 1)

(a) Any person may bring an action in any court of competent jurisdiction to enjoin a violation of section 16A-2.

(b) Persons violating section 16A-2 shall be liable to any person injured for losses and expenses and attorneys' fees 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. No. 3165, § 1)

If any part of the provisions of this chapter, or the application thereof to any person or circumstances is held invalid, the remainder of the chapter, including the application of such part or provisions 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. (Ord. No. 3165, § 1)