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HEARING - Department of Agriculture, Weights and Measures, recommending the Board:
1) Approve the Introduction (First Reading) of Ordinance 5260, "Point-of-Sale Ordinance”.
2) Waive reading of the full revised Ordinance 5260, read by title only, and continue this matter to May 12, 2026, for the Final Passage (Second Reading); and
3) Adopt and authorize the Chair to sign Resolution 082-2026, superseding Resolution Number 082-2025, 393-2006, and 022-2013, updating the fee schedule for the Department of Agriculture, Weights and Measures.
FUNDING: Applicant Fees.
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DISCUSSION / BACKGROUND
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 cou...
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