The Contra Costa County Board of Supervisors unanimously voted Tuesday to approve a first-in-the-nation countywide policy requiring large retail stores to stock only healthier foods and beverages in checkout areas. Final adoption of the county ordinance is scheduled for Oct. 7.
Berkeley passed a similar measure in 2020, making Contra Costa the second jurisdiction in the country to adopt such a law. Richmond is considering a similar ordinance.
The law applies to retailers over 2,000 square feet in unincorporated areas of the county. Currently, about 40 retail food stores in unincorporated Contra Costa exceed that threshold and are subject to the ordinance. Affected stores will need to ensure that foods within three feet of registers or in checkout queues meet basic nutrition standards. No more than five grams of added sugar and 200 milligrams of sodium per serving are allowed. Gum and mints must contain no added sugars. Beverages must have no added sugar or artificial sweeteners.
To ease compliance, the county will allow a 12-month implementation period during which no fines are issued. Instead, Environmental Health will provide technical assistance and education before moving to enforcement through routine inspections and possible administrative penalties.
Health staff emphasized the policy’s role in addressing alarming obesity rates among youth. During deliberations, supervisors praised youth advocates who spent several years pushing the measure forward, such as youth connected with Bay Area Community Resources, Richmond Youth Food Policy Council and Healthy Options at Point of Sale (HOPS).
“I want to thank the young people who also really helped advocate on this,” Supervisor John Gioia said. “I think being on the front lines of being impacted…this is the right thing to do, and it is not going to mean stores are making less money.”
Leigh Martin, policy analyst at the California Fuels & Convenience Alliance, spoke out against the ordinance, saying it creates “unworkable requirements for gas stations and convenience stores” operating in smaller spaces.
“When customers come in to refuel or grab necessities, they expect certain products to be to be available near the register,” Martin said. “These quick purchases are essential revenue to keep these businesses viable, especially communities where residents depend on them for fuel and basic needs. Instead of restricting what our members can sell near checkout, why not require them to offer healthy options as well?”
This argument did not change the Board of Supervisors’ decision to approve the ordinance as proposed. Students from the Richmond Youth Food Policy Council called the new policy “a crucial step in creating equitable access to nutritional foods.” A representative of the Food Bank of Contra Costa and Solano added that the measure aligns with federal “Food is Medicine” initiatives.
Supervisors acknowledged some retailer concerns about space and definitions but concluded that the 2,000-square-foot threshold fairly balances public health and business needs. The ordinance will take effect 30 days after adoption, beginning the one-year education period.
