State of California California Department of Consumer Affairs

Item Pricing Exemptions

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ITEM PRICING -- AUTOMATIC CHECKOUT SYSTEM EXEMPTIONS

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(Civil Code §§ 7100-7106)

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, and must determine the consumer commodities to be exempted. They must maintain and post in a prominent place in the store, a list of those consumer commodities exempt, and make the list available to designated representatives of the local union 7 days prior to an item being exempted.


Under the item pricing law, stores with computerized checkout systems do not have to price label the following items:


  • all sales items
  • Packed and unpacked produce, milk, eggs, ice cream in cartons, and yogurt
  • Baby food (strained and junior jars only)
  • Cigarettes sold in cartons, individual packages of cigarettes, and cigars
  • Individual packages of soft drinks, beer, candy, mints, and dry drink mix (Kool-Aid type)
  • Identical items in a unit package
  • Frozen novelties in cartons (Popsicle's)
  • Packages less than 3 cubic inches, weighing less than 3 ounces, and priced under 30 cents
  • Vending machines (items are priced on the surface of the vending machine not on the individual items)


There is no law requiring a merchant sell an item at the market price, when it was improperly priced due to unintentional error.



See:
Weights and Measures (County)



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