Scotts Valley Municipal Code Ch. 5.24 Unit Price Marking on Packaged Consumer Commodities

For the purposes of this chapter:

A. "Consumer commodity" includes:

1. Food, including all material whether solid, liquid or mixed, and whether simple or compound, which is used or intended for consumption or household pets, and all substances or ingredients added to any such material for any purpose; the definition shall not apply to individual packages of cigarettes or individual cigars;

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

3. Detergents, soaps and other cleaning agents;

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

B. "Grocery department" means an area within 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.

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

(Ord. 85 § 1(c—e), 1980)

Every retail grocery store or grocery department within a general retail merchandise store which uses an automatic or electronic checkout system shall cause to have a clearly readable price indicated on each packaged consumer commodity offered for sale on and after January 1, 1980.

(Ord. 85 § 1(a), 1980)

The provisions of this chapter shall not apply to any of the following:

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

B. Any business which has as its only regular employees the owner thereof, or the parent, spouse, or child or such owner, or in addition thereto, not more than two other regular employees;

C. Identical items within a multi-item package;

D. Items sold through a vending machine.

(Ord. 85 § 1(b), 1980)

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

(Ord. 85 § 2, 1980)

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

(Ord. 85 § 3, 1980)