Item Pricing Exemptions
(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.