Automatic Checkout System

Part 5.5 of Division 4 of the California Civil Code deals with automatic checkout systems in this state. 

Section 7100 provides that every retail grocery store or grocery department within a general retail merchandise store which uses a point-of-sale system is required to have a clearly readable price indicated on 85% of the total number of packaged consumer commodities offered for sale which are not exempt.

The management of any retail grocery store or grocery department must determine the number of consumer commodities normally offered for sale on a daily basis, determine the consumer commodities to be exempted pursuant to this subdivision, and maintain a list of those consumer commodities exempt pursuant to this subdivision.

The list is required to 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 must 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. However, the provisions of this section do not apply in six specified circumstances.

The terms “point-of-sale system,” “consumer commodity,” “grocery department,” “grocery store,” and “sale item or special” are defined.

Section 7101 states that the intentional violation of Section 7100 is punishable by a civil penalty of not less than $25 nor more than $500. Failure to have a clearly readable price indicated on 12 units of the same item required to be item-priced of the same commodity constitutes a presumption of intent to violate Section 7100.

Each day that a violation continues also constitutes 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 constitute a presumption of intent to violate Section 7100.

Section 7102 explains that any person, firm, corporation, or association who violates Sections 7100 and 7101 is liable to any person injured for any losses and expenses thereby incurred, and for the sum of $50 in addition.

Section 7103 states that improper pricing on the shelf or on the item due to unintentional error does not constitute a violation of this division.

Section 7104 explains that 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.

Section 7105 says that this part is known as the Rosenthal-Roberti Item Pricing Act. Section 1706 sets forth the legislative intent that this part must occupy the field with regard to item pricing and to preempt all local ordinances, rules, or regulations concerning item pricing.