SECTIONS 7100-7106 - California Statutes

CIVIL CODE

SECTION 7100-7106

7100. (a) Every retail grocery store or grocery department within a
general retail merchandise store which uses a point-of-sale system
shall cause to have a clearly readable price indicated on 85 percent
of the total number of packaged consumer commodities offered for sale
which are not exempt pursuant to subdivision (b).
The management of any such retail grocery store or grocery
department shall determine the number of consumer commodities
normally offered for sale on a daily basis, shall determine the
consumer commodities to be exempted pursuant to this subdivision, and
shall maintain a list of those consumer commodities exempt pursuant
to this subdivision. The list shall be made available to a designated
representative of the appropriate local union, the members of which
are responsible for item pricing, in those stores or departments that
have collective bargaining agreements, seven days prior to an item
or items being exempted pursuant to this subdivision. In addition,
the list shall be available and posted in a prominent place in the
store seven days prior to an item or items being exempted pursuant to
this subdivision.
(b) The provisions of this section shall not apply to any of the
following:
(1) Any consumer commodity which was not generally item-priced on
January 1, 1977, as determined by the Department of Food and
Agriculture pursuant to subdivision (c) of Section 12604.5 of the
Business and Professions Code, as in effect July 8, 1977.
(2) 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 forty cents ($0.40).
(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.
(5) Identical items within a multi-item package.
(6) Items sold through a vending machine.
(c) For the purposes of this section:
(1) "Point-of-sale system" means any computer or electronic
system used by a retail establishment such as, but not limited to,
Universal Product Code scanners, price lookup codes, or an electronic
price lookup system as a means for determining the price of the item
being purchased by a consumer.
(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 14 days or less, on sale at a price below
the normal price that item is usually sold for in that store. The
Department of Food and Agriculture shall determine the normal length
of a sale held for consumer commodities generally item priced on
January 1, 1977, in stores regulated pursuant to this chapter, and
that period shall be used for the purposes of this subdivision. The
department's determination as to the normal length of a sale shall be
binding for the purposes of this section, but each such
determination shall not exceed seven days.

7101. (a) The intentional violation of Section 7100 is punishable
by a civil penalty of not less than twenty-five dollars ($25) nor
more than five hundred dollars ($500).
(b) Failure to have a clearly readable price indicated on 12 units
of the same item required to be item-priced of the same commodity
shall constitute a presumption of intent to violate Section 7100.
(c) Every additional 12 units of the same item required to be
item-priced that fail to have a price indicated on them shall
constitute a presumption of intent to violate Section 7100.
(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 7100.
(e) Notwithstanding any other provision of law, any person may
bring an action to enjoin a violation of Section 7100.

7102. Any person, firm, corporation, or association who violates
Sections 7100 and 7101 shall be liable to any person injured for any
losses and expenses thereby incurred, and for the sum of fifty
dollars ($50) in addition thereto. The remedy set forth herein is
applicable only to actions brought in the name of, and on behalf of,
a single plaintiff and shall not be applicable in multiple plaintiff
or class actions.

7103. Improper pricing on the shelf or on the item due to
unintentional error shall not constitute a violation of this
division.

7104. The remedies set forth in Sections 7101 and 7102 are the
exclusive remedies available to any person, state or local agency or
law enforcement official.

7105. This part shall be known and may be cited as the
Rosenthal-Roberti Item Pricing Act.

7106. It is the intention of the Legislature that this part shall
occupy the field with regard to item pricing and shall preempt all
local ordinances, rules, or regulations concerning item pricing.