Maybe you're like me and have been frustrated by walking into a convenience store or gas station in California only to discover that none of the merchandise has prices listed.
Want a bag of chips? How much is it? Who knows! You won't find out until you bring it to the register.
Of course, the problem becomes even more frustrating when you're purchasing several items. You grab a soda, a bag of chips, some candy, and maybe a few other things. The cashier rings everything up, tells you the total, and you're left wondering how much you actually paid for each item.
There's another issue, too. Without posted prices, how would you know if a soda that cost $2 yesterday suddenly costs $5 today? Stores can change their prices, and customers have no practical way to recognize those changes without keeping their receipts or asking the cashier.
California actually has a law addressing this. California Civil Code § 7100 requires qualifying grocery stores and grocery departments using electronic checkout systems to display clearly readable prices on at least 85% of their nonexempt packaged consumer commodities. Prices can be displayed on the items or on shelf tags. The law also provides a specific definition of a grocery store.
California Civil Code § 7100(c)(4) states:
"Grocery store" means a store engaged primarily in the retail sale of packaged food, rather than food prepared for consumption on the premises.
Think about that definition for a moment though. Most gas station convenience stores sell packaged foods, beverages, snacks, candy, and other groceries. Their customers purchase these products and take them elsewhere. Many of these establishments don't have a dining area or anywhere to sit and eat so how are you supposed to consume these items on the premises? Unless we're expected to stand in front of the cashier eating our bag of chips like a psycho, it's pretty obvious that these businesses are primarily retail establishments rather than restaurants.
Of course, whether a particular convenience store legally qualifies as a grocery store depends on its actual business operations. But shouldn't that determination be made by examining the establishment and applying the law?
I recently contacted San Bernardino County Agriculture / Weights and Measures about this exact issue. My complaint concerned Five Points Shell station, where the food merchandise is largely sold without displayed prices. Here is the response I received from Sara Sanchez Barajas, Supervising Agricultural Standards Officer:
Good afternoon,
Under our enforcement jurisdiction, businesses are not required to place pricing on their items. Businesses are allowed to sell items at the price point they would like. What is required of them is to inform the consumer of their total amount due. As a consumer you can request the prices of items selected prior to completing the transaction. When businesses have pricing or advertisement posted, they are required to indicate the price per item during the transaction and provide consumers with the lowest posted price for the item selected.
Thank you,
Sara Sanchez Barajas
Supervising Agricultural Standards Officer
Agriculture / Weights and Measures
I found this response rather dismissive because it generalized about retail pricing requirements without addressing the specific, obvious grocerystore provisions of California law. I understand that businesses are generally free to establish their own prices. That's never been my complaint.
My complaint is that consumers should be able to KNOW those prices before deciding whether to purchase something, particularly food. More importantly, the California Department of Food and Agriculture has already addressed this issue.
In a March 25, 2020 memorandum, DMS Notice QC-20-01, the department specifically discussed complaints about grocery stores removing shelf prices. It confirmed that California Civil Code §§ 7100–7106 establish pricing requirements for qualifying grocery stores and grocery departments, subject to certain exemptions. The memorandum also explains that individuals and county weights and measures officials can follow up on potential violations, with enforcement through the courts.
You can read it yourself here:
https://www.cdfa.ca.gov/dms/notices/qc/2020/QC-20-01.pdf
And the actual California law is available here:
https://law.justia.com/codes/california/code-civ/division-4/part-5-5/section-7100/
So my question is simple. If a convenience store primarily sells packaged groceries, why shouldn't it be subject to the same pricing transparency requirements as any other grocery store?
And if the county believes these businesses are exempt, shouldn't it explain exactly which provision of the law establishes that exemption? I'm not asking the government to control what a bag of chips costs. I'm asking that existing consumer protection laws be taken seriously and applied consistently.
California consumers deserve transparent pricing, especially when purchasing everyday essentials like food and beverages, regardless of if the store is a full fledged grocery store, food mart or gas station convenience store.
Whether you're shopping at a supermarket, neighborhood market, convenience store, or gas station, you should be able to look at an item and know what it costs before taking it to the register. That shouldn't be an unreasonable expectation.
