Larger retail stores in unincorporated parts of Contra Costa County will soon be required to stock healthy food and beverages in checkout aisles following a vote this week by the Board of Supervisors.
The board voted unanimously Tuesday to give initial approval to an ordinance that will require retail stores of more than 2,000 square feet to stock only healthy items in checkout areas and within 3 feet of a register. The proposal will return to the board on Oct. 7 for final approval.
Once the ordinance is adopted, the first year of implementation will not have any penalties, and county environmental health staff will provide nutrition education and other resources to the 40-plus retailers affected in the unincorporated areas of the county. After that first year, the county could enforce the ordinance with fines or other penalties. Stores in incorporated cities will not be affected.
The proposal defines healthy foods as those with no more than 5 grams of added sugar and no more than 200 milligrams of sodium per serving, gums and mints with no added sugars, and beverages with no added sugar and no artificial sweetener.
Advocates said Contra Costa could be the first county in the nation to adopt a healthy checkout ordinance. The city of Berkeley passed a similar law that went into effect in 2021.
“There are enough healthy snacks in most grocery stores that it shouldn’t be that difficult to do,” board chair Candace Andersen said at the meeting.
Nearly 1 in 3 teens overweight
A presentation to the supervisors by county staff noted the importance of access to healthy foods, particularly in low-income neighborhoods and communities of color, and said nearly 30% of the county’s adolescents between 12-17 years old are considered overweight or obese.
Supervisor Shanelle Scales-Preston said in the district she represents, many people are “either getting fast food or they’re using a smaller market because they may not have a major grocery store to have fresh fruit and vegetables.”
During public comment on the item, most commenters expressed support for the ordinance, though Leigh Martin, policy analyst with the California Fuels & Convenience Alliance representing convenience stores and other small retailers, said the proposal could create “unworkable requirements” for those types of stores.
“Nearly the entire store could be considered checkout areas,” Martin said.
Supervisors said the ordinance was the result of years of outreach and engagement with retail store owners and that the 2,000-square-foot minimum meant most convenience stores would not be affected.
“Merchants are smart, they’ll figure this out,” Supervisor John Gioia said.