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Regulatory Compliance Web Portals
California: Division of Measurement Standards Item Pricing, Labeling

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Regulatory Contact
Mike Clearly, Director Division of Measurement Standards (916) 229-3000
Issue:	Item Pricing
Subissue:	Labeling
Date Updated:	05/18/2006
Contact:	Division of Measurement Standards (916) 229-3000
Citation:	CA Civil Code, Section 7100-7106; CA Health & Safety Code, Section 110290-1110335; CA Business and Professions Code, Section 12024.2
Rule Summary:	California's Civil Code requires the grocery department within a general retail merchandise store which uses an automatic checkout system to have a clearly readable price indicated on 85 percent of the total number of packaged consumer commodities offered for sale. Merchandise included under this category includes all human and animal food, excluding unpackaged fresh food products, napkins, detergents, pharmaceuticals, etc. Intentional violations of this section are punishable by a civil penalty of not less than $25 dollars nor more than $500. Unintentional errors are not violations. California's Business and Professions Code specifies that the correct price of any item is the lowest posted, quoted, or advertised price for which the buyer qualifies. The store is responsible for removing expired shelf tags and sales signs. If there is a price sticker on the item and it is lower than the shelf price, the sticker or price tag is what the business should consider as the lowest or "correct" price. Under the Health and Safety Code, all determinations regarding whether the labeling or advertisement of a food, drug, device, or cosmetic is misleading, take into account representations made or suggested by statement, work, design, device, sound, or any combination of these.
Source:	CA Civil Code, Section 7100-7106. Available at: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=07001-08000&file=7100-7106. CA Business & Professions Code, Section 12024.2. Available at: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=12001-13000&file=12001-12027. CA Health & Safety Code, Section 110290-1110335. Available at: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=110001-111000&file=110290-110335.