CALIFORNIA

California Business and Professions Code Sections 

For sales: 

12024.2. (a) It is unlawful for any person, at the time of sale of a commodity, to do any of the following: 

(1) Charge an amount greater than the price, or to compute an amount greater than a true extension of a 

price per unit, that is then advertised, posted, marked, displayed, or quoted for that commodity. 

(2) Charge an amount greater than the lowest price posted on the commodity itself or on a shelf tag that 

corresponds to the commodity, notwithstanding any limitation of the time period for which the posted price 

is in effect. 

(b) A violation of this section is a misdemeanor punishable by a fine of not less than twenty-five dollars 

($25) nor more than one thousand dollars ($1,000), by imprisonment in the county jail for a period not 

exceeding one year, or by both, if the violation is willful or grossly negligent, or when the overcharge is 

more than one dollar ($1). 

(c) A violation of this section is an infraction punishable by a fine of not more than one hundred dollars 

($100) when the overcharge is one dollar ($1) or less. 

(d) As used in subdivisions (b) and (c), "overcharge" means the amount by which the charge for a 

commodity exceeds a price that is advertised, posted, marked, displayed, or quoted to that consumer for 

that commodity at the time of sale. 

(e) Except as provided in subdivision (f), for purposes of this section, when more than one price for the 

same commodity is advertised, posted, marked, displayed, or quoted, the person offering the commodity for 

sale shall charge the lowest of those prices. 

(f) Pricing may be subject to a condition of sale, such as membership in a retailer-sponsored club, the 

purchase of a minimum quantity, or the purchase of multiples of the same item, provided that the condition 

is conspicuously posted in the same location as the price. 

12024.6. No person, firm, corporation, or association shall advertise, solicit, or represent by any means, a 

product for sale or purchase if it is intended to entice a consumer into a transaction different from that 

originally represented. 

For recycling or other sales: 

§ 12024.13. WEIGHTS AND MEASURES: BEVERAGE CONTAINERS: REDEMPTION VALUE

(a) A dealer of a beverage in a container subject to Division 12.0 (commencing with Section 14500) of 

the Public Resources Code shall not charge an amount for a redemption payment for a beverage container 

that is greater that the amount set forth in Section 14560 of the Public Resources Code.

(b) For purposes of this section, “dealer” has the same meaning as in Section 14510 of the Public 

Resources Code.

(c) A violation of this section is an infraction punishable by a fine of not more than one hundred dollars 

($100) when the overcharge is ($1) or less.

(d) In the written report required pursuant to Section 12209, a sealer shall separately report any action 

taken to enforce this section that results in a penalty being levied for fa violation of this section.

(e) Nothing in this section is intended to limit or alter the authority of the Department of resources 

Recycling and Recovery under the California Beverage Container Recycling and Litter Reduction Act 

(Division 12.1 (commencing with Section 14500) of the public Resources Code).

12512. When the sale of any commodity is based upon a quantity representation either furnished by the 

purchaser or obtained through the use of equipment supplied by him, the purchaser shall in no case buy the 
commodity according to any quantity which is less than the true quantity. Violation of this section is a 

misdemeanor. 

California Civil Code Sections 

Part 8 - Automatic Checkout System 

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 twentyfive 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 itempriced 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. 

California Business and Professions Code Sections 

The "automated checkout systems" law is attached and only applies to the counties that have adopted an 

ordinance to charge fees at locations subject to inspection. Some of those counties include all retail 

establishments but others only include large retail outlets with automated systems. 

13350. (a) The board of supervisors of any county or city and county that has adopted or that adopts an 

ordinance for the purposes of determining the pricing accuracy of a retail establishment using a point-ofsale (POS) system, shall base the initial standard inspection of the POS system on the following criteria: 

(1) The initial standard inspection shall be performed by collecting a random sample of items that shall 

include a maximum of 50 percent sale items from either: 

(i) One department of a retail store. 

(ii) Multiple areas of a retail store. 

(iii) The entire store. 

(2) The initial standard inspection shall be performed by testing a minimum random sample of 10 items 

for a retail establishment with three or fewer POS checkout registers. 
(3) The initial standard inspection shall be performed by testing a minimum random sample of 25 items 

for a retail establishment with 4 to 9 POS checkout registers. 

(4) The initial standard inspection shall be performed by testing a minimum random sample of 50 items 

for retail establishments with 10 or more POS checkout registers. 

(5) The sealer shall verify that the lowest advertised, posted, marked, displayed, or quoted price is the 

same as the price displayed or computed by the point-of-sale equipment or printed receipt. Only items 

computed at a higher price than the lowest advertised, posted, marked, displayed, or quoted price shall be 

considered not in compliance. 

(6) The minimum random sample size shall not apply to inspections of any establishment at which 

fewer items than the number specified as the minimum sample size are marked or displayed with a posted 

or advertised item price. 

(7) The maximum percentage of sale item restriction in paragraph (1) shall not apply to inspections of 

any establishment at which a marketing or promotional practice does not enable the sampling of the 

minimum required percentage of nonsale items, such as "Everything In Store 50 percent Off" or the like. 

(8) The compliance rate percentage of a retail establishment shall be determined by dividing the 

number of items in compliance by the sample size multiplied by 100. 

(b) Enforcement action may be taken for any item not in compliance. 

(c) The sealer may reinspect any retail facility that has a compliance rate of less than 98 percent. 

(d) The board of supervisors, by ordinance, may charge a point-of-sale system inspection fee or an 

annual registration fee, not to exceed the county's total cost of inspecting or testing the accuracy of prices 

accessed or generated by the system pursuant to this section. 

(e) The board of supervisors, by ordinance, may charge a reinspection fee for reinspections of a retail 

establishment that fails the prior inspection, not to exceed the county's total cost of reinspecting or testing 

the accuracy of prices accessed or generated by the system pursuant to this section. 

13351. For purposes of this chapter, "random sample" of items means that the selection process shall be 

modeled after the National Institute of Standards and Technology Handbook 130, 2005 Edition (HB 130) -

Examination Procedures for Price Verification, randomized sample collection; stratified sample collection. 

13352. For purposes of this chapter, "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. 

13353. For the purposes of this chapter, "sale items" include any item that is represented or advertised to be 

lower in price from that which the item is normally offered for sale. A "sale item" includes but is not 

limited to, an item that is represented as "promotional," "limited time offer," a "manager special," "discount 

taken at register," or displayed with any other advertisements that offers or suggests a reduced price. 

13354. For purposes of this chapter, "area" means an "entire store," a "department," "grouping of shelves or 

displays," or other "section" of a store as defined by the sealer from which samples are selected for 

verification. "Nonpublic" areas of a store, such as the area in a pharmacy in which controlled drugs are kept 

or product storage rooms, shall not be included. 

13355. For the purposes of this chapter, "initial standard inspection" means an inspection made at the 

customary time interval used by an enforcement agency. 

13356. All other inspections of the point-of-sale system are considered "special inspections," including, but 

not limited to, inspections pertaining to investigations, consumer complaints, complaints from competing 

businesses or a reinspection of a retail establishment at which one or more price accuracy violations have 

occurred within the previous six months.