Title
Department of Agriculture, Weights and Measures recommending the Board Approve the Final Passage (Second Reading) of Ordinance 5260, "Point-of-Sale Ordinance”.
FUNDING: Applicant Fees.
Body
DISCUSSION / BACKGROUND
On April 28, 2026 Item 21 the Board heard the Introduction (First Reading) of Ordinance 5260 "Point-of-Sale Ordinance" and continued the matter to May 12, 2026 for Final Passage (Second Reading).
The Department of Agriculture, Weights and Measures is proposing to establish a consumer protection ordinance that would authorize the department to identify, inspect, and register automated point-of-sale equipment, commonly called “scanners,” and to monitor transactions that occur over such devices.
Under Business and Professions Code section 12024.2, it is unlawful to compute at the time of sale of a commodity a value that is not a true extension of a price per unit or to charge a value that is more than the price that is advertised, posted, or quoted.
This ordinance will provide a regulatory program for the County Sealer of Weights and Measures to register and inspect point-of-sale devices. When these systems are inaccurate, consumers may be overcharged and unaware that they have paid more than the advertised price. A business may also lose revenue by undercharging the consumer.
The department has established fees to cover the program's inspection activities, which will take effect July 1, 2026 immediately upon adoption.
During the County budget development for FY 2025-26, the Board directed the development of cost-recovery strategies. To achieve this direction, a fee will be proposed to help meet the cost-recovery goal of these inspection activities.
Authority for the proposed actions is in the Business and Professions Code 13350.
ALTERNATIVES
The Board could choose not to approve the Point-of-Sale ordinance for consumer protection, and the proposed recommended fee changes in the amended ordinance. This action would not allow the Department to collect fees to recover the cost for services rendered.
PRIOR BOARD ACTION
On December 2, 2025, Legistar file 25-1274, the Board provided conceptual approval.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
N/A
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Fees will be proposed to cover the program's inspection activities.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on the original Ordinance for fees.
2) The Clerk of the Board will obtain the Chair’s signature on the original Resolution for Point of Sale Scanner Ordinance Procedures.
3) The Clerk of the Board will forward one (1) copy of each of the signed Ordinance and Resolution to the Agricultural Department for implementation.
4) Clerk of the Board will publish a summary of this Ordinance pursuant to Government Code Section 25124(b)(1).
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Corrie Larsen (530) 621-5522
Assistant Agricultural Commissioner and Sealer of Weights and Measures