04 Apr Richmond Wants Healthy Options at Grocery Checkouts; Enforcement Could Be an Issue

“We’re moving from a city that has been laissez-faire in our affairs to one who is wanting to make sure our city is operating the way our residents want it to operate,” said Richmond Mayor Eduardo Martinez at Tuesday’s City Council meeting. (Screenshot captured by Samantha Kennedy / The CC Pulse)

By Samantha Kennedy

Sugary soda, gum and candy, salty chips and beef jerky — unhealthy options abound at grocery store checkouts, tempting consumers to grab them at the last second and creating environments that advocates say contribute to health issues disproportionately impacting youth of color. But that could soon change in Richmond.

The Richmond City Council asked staff to include retailers larger than 2,000 square feet in a proposed ordinance that would require healthy options be offered at checkout areas. Officials also asked staff to see if the county could enforce the ordinance. 

“The city of Richmond is changing,” said Mayor Eduardo Martinez. “We’re moving from a city that has been laissez-faire in our affairs to one who is wanting to make sure our city is operating the way our residents want it to operate.” 

The youth-led proposal, modeled after an ordinance in Berkeley, was first brought forward to officials by Healthy Options at Points of Sale, or HOPS, in 2022 but did not move forward. 

The ordinance would define “healthy food” as beverages with no added sugar and no low- to no-calorie sweeteners and foods with 5 grams or less of added sugar and 200 milligrams or less of sodium per serving. Gum and mints would also be required to have no added sugar. 

Contra Costa County officials are considering a similar ordinance that would apply to retailers in unincorporated areas, but Richmond would be one of the first Bay Area cities to set these regulations. 

Enforcement of the regulations could take up to a year after officials pass an ordinance, according to city staff. 

Staff recommends that a one-year outreach and education period takes place before enforcement begins. That ensures, they say, that businesses have time to comply with the new requirements. 

Once that period is up, retailers who violate the ordinance could face citations. 

Enforcement comes with its own problems. Staff recommended asking the county to enforce the ordinance for the city, said Yahna Williamson, a management analyst, but that responsibility might fall back on the city’s code enforcement department if it refuses and an alternative can’t be found. 

The department currently has six funded positions, according to council member Doria Robinson, and two of those are filled. 

“With those six positions, the work that they’re supposed to do is all code enforcement for all violations of the ordinances that we have in the city,” she said. “We don’t have enough people for all the things we have.” 

The council also moved forward with a moratorium on tobacco retailers at the meeting to strengthen its ordinance, which code enforcement would also be responsible for enforcing. 

Martinez suggested considering additional funding for the department at future budget talks. 

“Jobs are created out of need,” said Martinez. “If we have a need for more code enforcement people, then we should hire more code enforcement people so that we can get the job done.”