19 Sep County to Require Healthy Foods at Store Checkouts in Unincorporated Areas

A map of retail food markets in unincorporated areas in Contra Costa County; an ordinance banning unhealthy foods at checkout counters will apply to those 2,000 square feet or larger. (Screenshot captured by Samantha Kennedy / The CC Pulse)

By Samantha Kennedy

Finishing up a shopping trip in parts of Contra Costa County might soon look a little healthier, as it becomes the first county in the country to ban unhealthy foods at checkout areas. 

County supervisors on Tuesday unanimously approved an ordinance that requires stores of more than 2,000 square feet to stock only healthy foods and beverages in checkout areas. 

“I live in a district where we don’t have a lot of stores; people are … getting fast food or shopping at a smaller market because they may not have a major store to have fresh fruits and vegetables,” said District 5 Supervisor Shanelle Scales-Preston. “Making sure they have those options when they get up to the checkout counter, that’s wonderful.” 

The county’s ordinance, which is slated for final approval on Oct. 7, will apply to stores in unincorporated areas, including El Sobrante, Bay Point, Byron and East Richmond Heights. 

Within three feet of any register, the stores will be required to stock foods with no more than five grams of sugar or 200 milligrams of sodium per serving. Beverages must have no added sugar or artificial sweeteners. 

The years-long push to adopt an ordinance was spearheaded by youth advocates with Bay Area Community Resources HOPS back in 2019. 

The city of Berkeley passed a “first-in-the-world” ordinance targeting the food and beverages in 2020, according to advocates. Youth advocates floated the idea of a similar ordinance earlier this year to Richmond officials earlier, who moved forward with considering one but had concerns about enforcement. 

Berkeley’s ordinance resulted in a 70% reduction in added sugars for foods and beverages in checkout areas, according to an August study by UC Davis. 

Almost 18% of children between the ages of 2 and 11 are overweight in the county. Of adolescents between 12 and 17, 29.1% are overweight. For low-income adolescents, that number jumps to 89%, according to the county health department. 

Eighty-eight retail stores are located across unincorporated parts of the county, according to June data from the county’s environmental health department. A little less than half — or 42 stores — are more than 2,000 square feet. 

The county won’t issue fines or penalties for a year after it goes into effect. The delay, known as “the implementation period,” will allow the county to educate and provide assistance to stores upon request to prepare for the requirements. 

Leigh Martin, a policy analyst with the California Fuels and Convenience Alliance, said the alliance supported promoting healthy food options, but that the ordinance creates “unworkable requirements for gas stations and convenience stores.” 

“The ordinance restricts items in areas utilized primarily by customers to wait in line, but what does this mean in the convenience stores where there aren’t traditional checkout lanes?” Martin said. 

About five retailers affected by the ordinance are gas station convenience stores, Kristian Lucas, director of the environmental health department, said. 

“That’s exactly why we chose 2,000 feet, so the smaller retailers that have less space are not going to be affected at this time,” said Lucas.