2009 California Business and Professions Code - Section 13300-13302 :: Article 1. Point-of-sale Displays

BUSINESS AND PROFESSIONS CODE
SECTION 13300-13302

13300.  (a) The operator of a business establishment that uses a
point-of-sale system to sell goods or services to consumers shall
ensure that the price of each good or service to be paid by the
consumer is conspicuously displayed to the consumer at the time that
the price is interpreted by the system. In any instance in which the
business advertises a price reduction or discount regarding an item
offered for sale, the checkout system customer indicator shall
display either the discounted price for that item, or alternatively,
the regular price and a credit or reduction of the advertised
savings. Any surcharges and the total value to be charged for the
overall transaction also shall be displayed for the consumer at least
once before the consumer is required to pay for the goods or
services. The checkout system customer indicator shall be so
positioned, and the prices and amounts displayed shall be of a size
and form, as to be easily viewable from a typical and reasonable
customer position at each checkout location.
   (b) For the purposes of this section, "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.
   (c) All point-of-sale systems used by a business establishment on
and after January 1, 2007, shall comply with the requirement of
subdivision (a).

13301.  Notwithstanding any other provision of this division, the
Attorney General, the district attorney, or city attorney may enforce
the provisions of this chapter in accordance with the provisions of
Division 5 (commencing with Section 12001) or any other applicable
provisions of law.

13302.  (a) The sealer may levy a civil penalty against a person
violating any provision of this chapter or a regulation adopted
pursuant to any of these provisions, of not more than one thousand
dollars ($1,000) for each violation. It is a complete defense to a
criminal prosecution for a violation of any provision of this
division or a regulation adopted pursuant to any provision of this
division that the defendant has been assessed and has paid a civil
penalty under this section for the same act or acts constituting the
violation. Any civil penalty under this section shall be cumulative
to civil remedies or penalties imposed under any other law.
   (b) Before a civil penalty is levied, the person charged with the
violation shall be given a written notice of the proposed action
including the nature of the violation and the amount of the proposed
penalty, and shall have the right to request a hearing. The request
shall be made within 20 days after receiving notice of the proposed
action. A notice of the proposed action that is sent by certified
mail to the last known address of the person charged shall be
considered received even if delivery is refused or the notice is not
accepted at that address. If a hearing is requested, notice of the
time and place of the hearing shall be given at least 10 days before
the date set for the hearing. At the hearing, the person shall be
given an opportunity to review the sealer's evidence and to present
evidence on his or her own behalf.
   If a hearing is not timely requested, the sealer may take the
action proposed without a hearing.
   (c) If the person upon whom the sealer levied a civil penalty
requested and appeared at a hearing, the person may appeal the sealer'
s decision to the secretary within 30 days of the date of receiving a
copy of the sealer's decision. The following procedures apply to the
appeal:
   (1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent, state the grounds for the appeal, and
include a copy of the sealer's decision. The appellant shall file a
copy of the appeal with the sealer at the same time it is filed with
the secretary.
   (2) The appellant and the sealer may, at the time of filing the
appeal or within 10 days thereafter or at a later time prescribed by
the secretary, present the record of the hearing including written
evidence that was submitted at the hearing and a written argument to
the secretary stating grounds for affirming, modifying, or reversing
the sealer's decision.
   (3) The secretary may grant oral arguments upon application made
at the time written arguments are filed.
   (4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days before the date set therefor. The times may be
altered by mutual agreement of the appellant, the sealer, and the
secretary.
   (5) The secretary shall decide the appeal on the record of the
hearing, including the written evidence and the written argument
described in paragraph (2), that he or she has received. If the
secretary finds substantial evidence in the record to support the
sealer's decision, the secretary shall affirm the decision.
   (6) The secretary shall render a written decision within 45 days
of the date of appeal or within 15 days of the date of oral arguments
or as soon thereafter as practical.
   (7) On an appeal pursuant to this section, the secretary may
affirm the sealer's decision, modify the sealer's decision by
reducing or increasing the amount of the penalty levied so that it is
within the secretary's guidelines for imposing civil penalties, or
reverse the sealer's decision. Any civil penalty increased by the
secretary shall not be higher than that proposed in the sealer's
notice of proposed action given pursuant to subdivision (b). A copy
of the secretary's decision shall be delivered or mailed to the
appellant and the sealer.
   (8) Any person who does not request a hearing pursuant to
subdivision (b) may not file an appeal pursuant to this subdivision.
   (9) Review of a decision of the secretary may be sought by the
appellant within 30 days of the date of the decision pursuant to
Section 1094.5 of the Code of Civil Procedure.
   (d) After the exhaustion of the appeal and review procedures
provided in this section, the sealer, or his or her representative,
may file a certified copy of a final decision of the sealer that
directs the payment of a civil penalty and, if applicable, a copy of
any decision of the secretary or his or her authorized representative
rendered on an appeal from the sealer's decision and a copy of any
order that denies a petition for a writ of administrative mandamus,
with the clerk of the superior court of any county. Judgment shall be
entered immediately by the clerk in conformity with the decision or
order. No fees shall be charged by the clerk of the superior court
for the performance of any official service required in connection
with the entry of judgment pursuant to this section.
   (e) If the civil penalty is levied by the State Sealer, the
revenues derived therefrom shall be deposited in the Department of
Food and Agriculture Fund and, upon appropriation, shall be used by
the State Sealer to carry out his or her responsibilities under this
division. If the civil penalty is levied by the county sealer, the
revenues shall be deposited in the general fund of the county and,
upon appropriation by the board of supervisors, shall be used by the
county sealer to carry out his or her responsibilities under this
chapter.


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