Attachment 2Page 14 of 42
Traditional Large Grocery Store Layout w/ Self Checkout - 3' Point of Sale, 3' Checkout Area ★ ★
Self Checkout
★ ★ ★
★ ★
3 foot radius designated
Point of Sale from point checkout area
of sale
Endcap Endcap Endcap
Attachment 2Page 15 of 42
Traditional Convenience/Corner Store Layout - 3' Point of Sale, 3' Checkout Area ★
Checkout Counter
3 foot radius ***No designated
Point of Sale from point checkout area
of sale
Attachment 2Page 16 of 42
Traditional Large Grocery Store Layout - 3' Point of Sale, 3' Checkout Area ★ ★ ★ ★ ★
3 foot radius designated
Point of Sale from point checkout area
of sale
Endcap EndcapEndcap Endcap Endcap
Attachment 2Page 17 of 42
Commmon Drug Store/Target Layout - 3' Point of Sale, 3' Checkout Area Designated checkout aisle
★ ★ ★ ★
Checkout Counter
3 foot radius 3 foot radius
Point of Sale from point from designated
of sale checkout area
Attachment 2Page 18 of 42
Healthy Checkout:
Good for Business, Good for Customers
CONSUMER PREFERENCES ARE CHANGING
• Consumers are purchasing healthier, fresher food
(Gasparro, 2017).
• 33% of shoppers are looking for low-sugar products, and 32% are looking for low sodium (FMI, 2017).
• 75% of people say that it is hard for parents to shop with children at grocery stores because there is so
much junk food (Caravan ORC International, 2016).
BENEFITS TO BUSINESS
• Retailers lose money when fresh produce is not purchased and goes to waste. Displaying fresh produce at checkout can help reduce loss (Cernansky, 2017; Fulton, 2010).
• Researchers found that when the shelves near the checkout counter in a hospital cafeteria were stocked with 75%
healthy choices, as opposed to 25%, sales of healthy
foods were boosted (Van Kleef, 2012).
• Healthy checkout distinguishes businesses as responsible retailers and strengthens customer loyalty without
reducing profits (Winkler, 2016).
49%
%
increase in sales of healthy
items during the first three
months that LiVe Well lanes
were open at a grocery store in
Utah (Cowley, 2017)
Romny Tejeda, Owner, Romny Mini Mart
on moving produce to the front of the
store (Fulton, 2010)
"I used to probably sell
a case of bananas every
three days, now it's
pretty much two a
day—two cases a day.”
“…some of the (healthy)
items that sold up here
weren’t selling back in the
aisles of the store. But we
brought ‘em up front and all
of a sudden, our sales
doubled, sometimes even
tripled…”
Jim Oppe, Owner, Foodland
(CDC, 2014)
Attachment 2Page 19 of 42
For more information, contact the Center for Science in the Public Interest at [email protected].
Retailer Success Stories
ASSOCIATED FOOD STORES, UT:
• Associated Food Stores have LiVe Well Lanes in 43
stores. These lanes have been visited more
than 8 million times in their first three
months, with more than 60,000 healthy items
sold (Cowley, 2017).
A COMPETITIVE EDGE FOR RETAILERS
• Millennials are looking for snacks that are less processed and have few ingredients (Fromm, 2010).
• Soda sales are declining. Retail sales of bottled water are projected to increase from $13.1 billion in 2013 to
$17 billion in 2018 (Hennessey, 2014).
• Magazine sales account for about one-third of total checkout profits (MPA, 2009). 60% of customers buy magazines at checkout at least once a month. Plus, 39% buy batteries or flashlights at least monthly (FMI, 2012).
• 78% of people say checkouts are [currently] stocked with a lot of foods and beverages they do not want to buy; 80% would prefer stores offer more healthy items at checkout (Caravan ORC International, 2016).
RALEY’S, CA:
• As of 2016, all 120 locations sell better-for-you
products at checkout, including granola bars
and free fruit for kids (Minor, 2016).
CANDY-FREE CHECKOUT IN THE U.K.
• Lidl eliminated candy from all checkout lanes across their 600 U.K. locations after finding that the healthy pilot lanes received 20% more traffic than the candy-filled aisles (Clark, 2014). Not long after, Tesco, Aldi, Boots, Waitrose, and Marks & Spencer also removed candy from their checkout aisles (Almy, 2015).
“We’re learning quickly that
our customers want more
[healthy checkouts]. We
recognize the challenges for
moms and dad who are going
through those check stands and
their children are quickly
distracted by treats.”
Chelsea Minor, Director of PR & Public
Affairs, Raley’s (Pawlowski, 2015)
The convenience chain 7-Eleven sells
SEVEN TIMES
more bananas each year than Snickers, its
top-selling candy bar (Horovitz, 2014)
HARMONS GROCERY, UT:
• Adding healthy checkout lanes improved their image
in the community and allowed them to align their
company’s values and culture with that of health and
wellness (email communication, August 2017).
• Certain items saw an increase in sales after being
moved to the healthy checkout aisle: yogurt (47%),
hardboiled eggs (56%), and dried fruit (144%)
(email communication, August 2017).
Attachment 2Page 20 of 42
For more information, contact the Center for Science in the Public Interest at [email protected].
What does Healthy Checkout Mean for Berkeley Retailers? At all hours during which the retail store is open to the public, only the following foods and beverages are allowed in all checkout areas
Beverages
Water – carbonated with no added sugars
EX: Dasani Purified Water, FIJI Water, LaCroix Sparkling Water, Ayala’s Herbal Water Sparkling, and Perrier Sparkling Natural Mineral Water
Coffee or tea – no added sugars
EX: Pure Leaf unsweetened Black Tea
100% fruit juice or juice combined with water – no added sugars EX: Capri Sun 100% Juice, Minute Maid 100% apple juice, Mott’s 100% Juice Fruit Punch, and Tropicana 100% Orange Juice
100% vegetable juice – with no added sugars and no more than 230 mg of sodium.
EX: V8 Low Sodium 100% Vegetable Juice, 5.5 fl oz or 11.5 fl oz
Dairy milk or calcium – no added sugars
EX: Nestlé Nesquik Chocolate LowFat Milk 100 Calories (No Sugar Added) and Soy Dream Enriched Vanilla Soymilk
Attachment 2Page 21 of 42
For more information, contact the Center for Science in the Public Interest at [email protected].
Gum and Mints
No Added Sugars
EX: 5, Dentyne, Extra, Orbit, and Trident
Food Items
Bars with fruit, nuts, or seeds listed as the first two ingredients with no more than 5 grams added sugars per labeled serving
EX: Kashi Chewy Granola Bars, 1.2 oz and Chewy Chocolate Brownielicious Snack Bars
Fresh, canned, or otherwise hermetically sealed dried fruits, vegetables, or legumes with no more than 5 grams added sugars and 230 milligrams of sodium per labeled serving
Hummus and bean dips with no more than 5 grams added sugars and 230 milligrams of sodium per labeled serving EX: Sabra Hummus (all varieties) and Fritos Bean Dip
Packages that contain one hundred percent nuts or seeds, nut butters, and snack mixes with fruit, nuts, or seeds listed as the first two ingredients, and with no more than 5 grams added sugars and 230 milligrams of sodium per labeled serving
Crackers with “whole” wheat or another “whole” grain or flour, including brown rice, oats, and legumes, listed as the first ingredient, with no more than 5 grams added sugars and 230 milligrams of sodium per labeled serving EX: Lance Whole Grain Peanut Butter Cracker Sandwiches
Popcorn with no more than 5 grams added sugars and 230 milligrams of sodium per labeled serving EX: Smartfood White Cheddar Cheese Flavored Popcorn or SkinnyPop Original Skinny Pack
Attachment 2Page 22 of 42
For more information, contact the Center for Science in the Public Interest at [email protected].
Yogurt or cheese with no more than 5 grams added sugars per labeled serving EX: Horizon Organic Mozzarella String Cheese Stick
Checkout Area refers to any area that is accessible to a customer of the Large Retail Store that is either within a 3-foot distance of any register or designated primarily for or utilized primarily by customers to wait in line to make a purchase at a Register.
Attachment 2Page 23 of 42
For more information, contact the Center for Science in the Public Interest at [email protected].
REFERENCES
Almy J, Wootan M. Temptation at Checkout: The Food Industry’s Sneaky Strategy for Selling More. Washington, D.C.: Center for Science in the Public Interest (2015). Accessed at:
https://cspinet.org/sites/default/files/attachment/report.pdf.
Caravan ORC International. Checkout Polling. Online survey of 1,024 adults. December 1-4, 2016. Accessed at:
https://cspinet.org/sites/default/files/attachment/hco-poll-fact-sheet.pdf.
Cernansky R. “Attention Retailers: New Research Sheds Light on How to Help Consumers Make Healthier Choices.” Supermarket News May 9, 2017. Accessed at http://www.supermarketnews.com/consumer- trends/attention-retailers-new-research-sheds-light-how-help-consumers-make-healthier.
Cowley D. “LiVe Well Lanes Visited 8 Million Times Since Opening in Utah Grocery Stores.” EIN Presswire July 20, 2017. Accessed at http://www.einnews.com/pr_news/393294423/live-well-lanes-visited-8-million- times-since-opening-in-utah-grocery-stores.
Food Marketing Institute (FMI) and Hartman Group. Food Retail Implications for U.S. Grocery Shopper Trends 2017 July 18, 2017. Accessed at: http://www.supermarketnews.com/consumer-trends/shopper-insights- decision-making-shelf-infographic?NL=SN-02&Issue=SN-02_20170807_SN- 02_920&sfvc4enews=42&cl=article_3&utm_rid=CPG06000001123981&utm_campaign=18038&utm_medium =email&elq2=a5e3254b559e4b058012a57a2404396f.
Food Marketing Institute (FMI). Optimizing Front End Checkout Merchandising: Maximizing Shopper Interaction in a New Era of Technology. Dallas, TX: Food Marketing Institute (2012). Accessed at:
http://www.fmiconnect.net/docs/default-source/fmi2012-
materials/re_energizing_the_center_store_through_trips_driving_total_store_growth.pdf? sfvrsn=2.
Fromm J. “What Brands Need to Know About Modern Millennial Snack Culture.” Forbes February 8, 2017.
Accessed at https://www.forbes.com/sites/jefffromm/2017/02/08/what-brands-need-to-know-about- modern-millennial-snack-culture/#23ddb9d18858.
Fulton A. “Nudging Grocery Shoppers Toward Healthy Food.” NPR November 8, 2010. Accessed at http://www.npr.org/templates/story/story.php?storyId=131074210.
Gasparro A, Chaudhuri S. “So Long, Chef Boyardee: Old Food Brands Struggle.” Fox Business July 7, 2017.
Accessed at http://www.foxbusiness.com/features/2017/07/07/so-long-chef-boyardee-old-food-brands- struggle-2.html.
Hennessey M. “Bottled Water: The Next Big Zero Cal Beverage?” Food Navigator May 23, 2014. Accessed at http://www.foodnavigator-usa.com/Markets/Bottled-water-the-next-big-zero-cal-beverage.
Horovitz B. “7-Eleven Tests ‘Healthy’ Fresh Food by Fitness Guru.” USA Today September 30, 2014. Accessed at http://www.usatoday.com/story/money/business/2014/09/30/7-eleven-convenience-stores-fresh-food- tony-horton-nutrition/16424751/.
Minor C. “Raley’s Moves to Make All Check Stands ‘Better For You’.” Raleysnewsroom.com November 15, 2016.
Accessed at http://raleysnewsroom.com/raleys-moves-to-make-all-check-stands-better-for-you/.
Magazine Publishers of America (MPA). Retail Magazine Growth: The Truth about Magazines, Consumers, and Retail Profits 2009.
Attachment 2Page 24 of 42
For more information, contact the Center for Science in the Public Interest at [email protected].
National Center for Chronic Disease Prevention and Health Promotion, Centers for Disease Control and Prevention. “Making the Business Case for Prevention: A Grocery Store's Healthy Options.” CDC March 5, 2014. Accessed at https://www.cdc.gov/cdctv/healthyliving/healthyeating/grocery-store-options.html.
Pawlowski A. “Kids Can't Resist Candy? Stores Try Junk Food-free 'Healthy Checkout Lanes.'” Today December 9, 2015. Accessed at http://www.today.com/parents/kids-cant-resist-candy-stores-try-junk-food- free-healthy-t60621.
Van Kleef E, Otten K, van Trijp HCM. “Healthy Snacks at the Checkout Counter: A Lab and Field Study on the Impact of Shelf Arrangement and Assortment Structure on Consumer Choices.” BMC Public Health 2012, vol. 12, pp. 1072-1082.
Winkler LL, et al. “Substituting Sugar Confectionery with Fruit and Healthy Snacks at Checkout.” BioMed Central Public Health November 22, 2016. Accessed at
https://bmcpublichealth.biomedcentral.com/articles/10.1186/s12889-016-3849-4.
Attachment 2Page 25 of 42
Sample Healthy Checkout Stock
Chobani Clingstone Peach Less Sugar Greek Yogurt
Brand: Chobani
Parent Company: Chobani Global Holdings, Inc.
Added Sugar: 5g
Sodium: 50mg
Siggi’s Vanilla Skyr
Brand: Siggi’s
Parent Company: Lactalis
Added Sugar: 5g
Sodium: 55mg
Boom Chicka Pop Sea Salt Popcorn
Brand: Angie’s Boom Chicka Pop
Parent Company: Conagra Brands
Added Sugar: 0g
Sodium: 130mg
Blueberry Lavender Hemp Lärabar
Brand: Lärabar
Parent Company: General Mills
Added Sugar: 0g
Sodium: 0mg
Blueberry Vanilla Cashew Kind Bar
Brand: Kind
Parent Company: Mars
Added Sugar: 4g
Sodium: 20mg
Attachment 2Page 26 of 42
Vegan White Cheddar Hippeas
Brand: Hippeas Organic Chickpea Snacks
Parent Company: Green Park Snacks Ltd.
Added Sugar: 1g
Sodium: 140mg
*Not applicable if final legislation includes food categories
Dried Chili Mango
Brand: Peeled
Parent Company: Peel Snacks
Added Sugar: 0g
Sodium: 35mg
Terra Original Chips
Brand: Terra
Parent Company: Hain Celestial Group
Added Sugar: 0g
Sodium: 110mg
*Not applicable if final legislation includes food categories
Smart50 Sea Salt Popcorn
Brand: Smartfood
Parent Company: PepsiCo
Added Sugar: 0g
Sodium: 150mg
Kashi Peanut Peanut Butter Granola Bar
Brand: Kashi
Parent Company: Kellogg’s
Added Sugar: 5g
Sodium: 100mg
Attachment 2Page 27 of 42
Snak Club Yogurt Trail Mix
Brand: Snak Club
Parent Company: Insignia Capital Group
Added Sugar: 3g
Sodium: 0mg
Dry Roasted Pistachios
Brand: Planters
Parent Company: Kraft-Heinz
Added Sugar: 0g
Sodium: 150mg
No Sugar Added Organic Applesauce
Brand: Mott’s
Parent Company: Keurig Dr. Pepper
Added Sugar: 0g
Sodium: 5mg
Diced Yellow Cling Peaches in 100% Fruit Juice
Brand: Dole
Parent Company: Dole Food Company, Inc.
Added Sugar: 0g
Sodium: 5mg
Toasted Coconut Almond Granola
Brand: Bear Naked
Parent Company: Kellogg’s
Added Sugar: 5g
Sodium: 10mg
Attachment 2Page 28 of 42
Trident Spearmint Gum
Brand: Trident
Parent Company: Mondelez
Added Sugar: 0g
Sodium: 0 mg
Skinny Pop Popcorn
Brand: Skinny Pop
Parent Company: Amplify Snack Brands, Inc.
Added Sugar: 0g
Sodium: 75 mg
Organic Mango Fruit Leather Buttons
Brand: Trader Joe’s
Parent Company: Aldi Nord
Added Sugar: 3g
Sodium: 0 mg
Kids Organic Whole Grain Bites
Brand: Quaker
Parent Company: PepsiCo
Added Sugar: 4g
Sodium: 55 mg
New Zealand Apple Rings
Brand: Trader Joe’s
Parent Company: Aldi Nord
Added Sugar: 0g
Sodium: 0 mg
Attachment 2Page 29 of 42
Blue Diamond Whole Natural Almonds
Brand: Blue Diamond
Parent Company: Co-op
Added Sugar: 0g
Sodium: 0 mg
Almond Butter Chocolate Brownie Lärabar
Brand: Lärabar
Parent Company: General Mills
Added Sugar: 2g
Sodium: 170 mg
Mint Chip Brownie Lärabar
Brand: Lärabar
Parent Company: General Mills
Added Sugar: 4g
Sodium: 0 mg
Apple Mango Fruit Bar
Brand: Trader Joe’s
Parent Company: Aldi Nord
Added Sugar: 0g
Sodium: 20 mg
Activated Smokey Barbeque Sprouted Seeds
Brand: Living Intentions
Parent Company: N/A
Added Sugar: 0g
Sodium: 230 mg
Attachment 2Page 30 of 42
Tart Cherry and Apple Superfood Bites
Brand: Urban Foods
Parent Company: N/A
Added Sugar: 3g
Sodium: 0 mg
Mesquite Barbeque Crunchy Broad Beans
Brand: Bada Bean Bada Boom
Parent Company: Enlightened
Added Sugar: 1g
Sodium: 150 mg
Apple Mango Fruit Sauce Crushers
Brand: Trader Joe’s
Parent Company: Aldi Nord
Added Sugar: 0g
Sodium: 10 mg
Apple Cinnamon Crunchy Rice Rollers
Brand: Crunchy Rollers
Parent Company: General Mills
Added Sugar: 3g*
Sodium: 0 mg
*Estimate (contains 3g total sugar)
Dasani Sparkling, Raspberry Lemonade
Brand: Dasani
Parent Company: Coca Cola
Added Sugar: 0g
Sodium: 35mg
Attachment 2Page 31 of 42
Bubly, Strawberry
Brand: Bubly
Parent Company: PepsiCo
Added Sugar: 0g
Sodium: 0g
Spindrift, Blackberry
Brand: Spindrift
Parent Company: VMG Partners
Added Sugar: 0g
Sodium: 0mg
La Colombe Pure Black Cold-Pressed Coffee
Brand: La Colombe
Parent Company: La Colombe
Added Sugar: 0g
Sodium: 25mg
Aquafina
Brand: Aquafina
Parent Company: PepsiCo
Added Sugar: 0g
Sodium: 0mg
Minute Maid 100% Orange Juice
Brand: Minute Maid
Parent Company: Coca-Cola
Added Sugar: 0g
Sodium: 25 mg
Attachment 2Page 32 of 42
Kate Harrison
Councilmember District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:
ACTION CALENDAR
September 22, 2020
To: Honorable Mayor and Members of the City Council
From: Councilmembers Kate Harrison and Sophie Hahn
Subject: Healthy Checkout Ordinance
RECOMMENDATION
1. Adopt an ordinance requiring stores over 2,500 square feet in size to sell more nutritious food and beverage options in their checkout areas.
2. Refer to the City Manager to determine funding and staffing needs to implement and enforce the ordinance and sources of funding to support this program.
3. Refer to the Sugar Sweetened Beverage Product Panel of Experts to consider recommending funding allocations, and to work with City staff to develop protocols for, implementation, education, and enforcement.
POLICY COMMITTEE RECOMMENDATION
On March 9, 2020, the Health, Life Enrichment, Equity & Community Committee adopted the following action: (Hahn/Kesarwani) to send the item to Council with a positive recommendation and the following amendments requested of the author: a. For the Council report, add a third recommendation to the item to request a referral to the Sugar Sweetened Beverage Product Panel of Experts to consider recommending allocations to support implementation, education & enforcement and to work with staff to develop protocols for the same. Additionally, under financial implications, include that enforcement of the ordinance should be focused on education and only secondarily, on traditional enforcement mechanisms. b. For the Ordinance: Under 9.82.030, strike the reference to chips and change 230 mg of sodium to 200 mg; under 9.82.060 include an effective date of January 1, 2021, and an enforcement and ongoing education date of July 1, 2021; and amend under definition 9.82.020, the defined term “Endcap” should become “Checkout Endcap” and substitutions made throughout; Checkout Endcap is defined as the product displays at the endpoints of areas designated or utilized primarily for waiting in line to make a purchase. Vote: Ayes – Kesarwani, Hahn; Noes – None; Abstain – None; Absent – Bartlett.
FINANCIAL IMPLICATIONS
1. Implementation of the ordinance would require staff time to educate the approximately 25 stores about what is required of them to comply with the ordinance. The Center for Science in the Public Interest has created a suggested list of products that meet the criteria of the ordinance. Healthy Berkeley funded
Attachment 2Page 33 of 42
Healthy Checkout Ordinance ACTION CALENDAR
September 22, 2020
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:
[email protected]
programs Bay Area Community Resources and Community Health Education Institute are both funded for FY 21 to work with stores, including with store education and monitoring. Community partners could assist with implementation.
Additionally, the City Council approved a budget recommendation from the Sugar Sweetened Beverage Product Panel of Experts in May 2019, which includes additional funding for FY 20 and 21. The total recommended budget for the City of Berkeley Public Health Division (PHD) is $427,500 per fiscal year. In Fiscal Years 2016-17, 2017-18 and 2018-19, the City Council has voted to allocate $225,000 per fiscal year to the PHD for the administration and evaluation of the Healthy Berkeley Program. This represents an increase of $202,500 per year in Fiscal Years 2019-20 and 2020-21.
2. Enforcement should be focused primarily on positive education and secondarily on traditional enforcement. Enforcement of the ordinance may be incorporated into the regular inspections of food retailers conducted by the City. Spot checks of items sold in each aisle is sufficient to monitor compliance.
BACKGROUND
Today’s food landscape plays a large role in determining what people purchase and consume. Unhealthy food and beverages are promoted and placed repeatedly throughout retail stores. Cheap, ready-to-eat foods high in salt, saturated fat, and added sugars dominate checkout aisles, where shoppers are more likely to make impulse purchases and where parents struggle with their children over demands to buy treats at the end of a shopping trip.
This ordinance would require all stores over 2,500 square feet in size that sell at least 25 linear feet of food to follow the requirements for Healthy Checkout, as written in the ordinance, the specifics of which are to be determined in the policy committee process.
This would impact approximately 25 stores in Berkeley, including Safeway, Whole Foods, CVS, Walgreens, Berkeley Bowl, and Monterey Market.
Health Impacts of Sugar and Sodium Consumption and Related Disease Disparities
Impulse buying at checkout contributes to the high levels of sugar consumption in American diets. There has been much research and media attention1 about the health impacts of excessive added sugar intake, including elevated risk of tooth decay, heart disease, and Type 2 diabetes.2 The adverse health effects of added sugar consumption further entrench health disparities, burdening people of color more than white populations. Currently, Type 2 diabetes is on the rise across the country; one in three children and one of two children of color will be diagnosed in their lifetime.3 Diets that are high in sodium are linked to high blood pressure, heart disease, and stroke,4 all of which disproportionately affect African Americans and communities of color.5
Health Equity and Inequity
Berkeley also has health disparities in diet-related disease. In 2014, African American residents were four times more likely than White residents to be diagnosed with
Attachment 2Page 34 of 42
Healthy Checkout Ordinance ACTION CALENDAR
September 22, 2020
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:
[email protected]
diabetes and 14 times more likely to be hospitalized due to its effects.6 This gap has decreased since 2014, but the disparity continues to exist.7 Rates of hospitalization for heart disease and high blood pressure are also significantly higher among African- American residents than White and Latino residents.5
On a national scale, racial and ethnic minorities experience diet-related disparities – diets high in fat and salt and low in fruits, vegetables, and whole grains.8 These diet- related disparities lead to additional health disparities including heart disease and diabetes, as discussed above. Providing more nutritious options will benefit people of all backgrounds, but it will disproportionately benefit low-income communities and communities of color who are most affected by nutrition-related health issues.
Checkout Areas of Grocery Stores Contribute to the Problem Consumers are trying to make healthier purchases. A 2019 report found that 73 percent of shoppers are concerned about the nutritional content of their food.910 Despite consumer desire to select healthier foods, unhealthy foods are prevalent in checkout areas in a wide variety of retail stores. A national study of 8,600 stores – including supermarkets, convenience stores, drug stores, and dollar stores – found that 88 percent display candy at checkout and one-third (34 percent) sell sugar-sweetened beverages.11 Only 24 percent of stores sell water at checkout, and only 13 percent sell fresh fruits or vegetables at checkout.8 Almost all supermarkets (91 percent) display candy and 85 percent sell soda and other sugary drinks at checkout.8 In 2018, a Berkeley-based youth group assessed a sample of 35 Berkeley stores including Walgreens, Safeway, Trader Joes, Target, Berkeley Bowl, Dollar Tree and others. Data was collected from 16,404 facings, which are the display of a single product on the shelf (not including the items stacked behind it). They found that 69 percent of beverages and 81 percent of foods sold in the checkout area of surveyed stores were considered unhealthy using the National Alliance for Nutrition and Activity Model Nutrition Standards for Checkout.12
Research shows that food choices are strongly affected by the environments in which they are made. The aim of placing food and beverages at checkout is to induce unplanned purchases; thus, unhealthy checkout options undermine consumers’ efforts to purchase healthier foods.13 The placement of snacks near the register increases the likelihood that people purchase those foods.14 In addition, most of the candy, soda, and chips in checkout aisles are placed at eye-level and within reach of children, undermining parents’ efforts to feed their children well.15 Three-quarters of parents report that it is hard to shop at grocery stores because unhealthy food is so prevalent.16 Healthy checkout aisles provide all families more opportunities to say yes to their kids.
Attachment 2Page 35 of 42
Healthy Checkout Ordinance ACTION CALENDAR
September 22, 2020
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:
[email protected]
Grocery Stores are a Prime Place for Policy Change
Grocery stores are Americans’ top source for food and beverages, providing more than 60 percent of calories.17 Ninety percent of Supplemental Nutritional Assistance Program (SNAP) dollars are redeemed at supermarkets and grocery stores.18 Though grocery stores sell a wide range of healthy products, they are also the largest contributor of unhealthy food and beverages to the diet. Seventy percent of the sugary beverages children consume come from food retail.19
Sugary drinks are promoted repeatedly throughout stores; appearing in as many as 25 different places in a single grocery store.20 At checkout, these drinks make up 60% of beverage offerings.21
Healthy Checkout also provides an opportunity for grocery stores. When United Kingdom grocery stores provided healthier options at checkout, consumers responded positively and provided a “responsible” branding opportunity for those stores.22 Consumers want healthier options, and stores can use this fact to their advantage.
For all these reasons, grocery store checkout lanes are an ideal place to begin changing norms around healthy snacks and drinks.
Strategies to Reduce Sugar Consumption in Berkeley
In 2014, Berkeley became the first city in the country to tax the distribution of sugar sweetened beverages. In the last five years, the City created the Healthy Berkeley program which supports the Berkeley Unified School District garden education program as well as community programs that educate residents about nutrition and are changing norms around beverage choice.
This ordinance is another effort to create a healthy food environment that would support families by providing them the ability to avoid high-calorie, low-nutrient food and beverages when they do their grocery and other shopping. Individuals and families who want to purchase sugary drinks, candy, chips, and other sweet and salty snacks will be able to find them in their respective aisles in the center of stores. By changing checkout norms, shoppers and their children face less temptation to consume sugary foods and there is less reinforcement of these unhealthy choices.
Berkeley Residents are Demanding Checkout Changes
In 2018, Berkeley-based youth advocates conducted four focus groups where adults and adolescents unanimously supported removing unhealthy food and beverages from grocery store checkout lanes and requiring stores to have healthy checkout aisles.
Participants suggested retailers stock checkout with water, fruit juice, coffee, and tea.
They also requested that gum, mints and healthy snacks be available. Using the National Alliance for Nutrition and Activity standards as a guide, this ordinance aims to create checkout aisles where beverages with no added sugars or artificial sweeteners, such as 100% juice and water are considered healthy beverages, and where healthy snacks are predominantly fruits, nuts, and vegetables.
Attachment 2Page 36 of 42
Healthy Checkout Ordinance ACTION CALENDAR
September 22, 2020
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:
[email protected]
In order to streamline implementation and enforcement, the proposed Healthy Checkout Ordinance restricts added sugars and sodium for food products sold at checkout.
Outreach and Focus Groups
The Center for Science in the Public Interest performed four focus group studies in 2019 regarding the proposed Healthy Checkout Ordinance. The focus groups were intentionally diverse but focused on youth and health advocates. The four focus groups were 1) Berkeley High School students 2) Latinx women in South Berkeley, conducted in Spanish 3) African-American women, hosted by Healthy Black Families and 4) North and Northwest Berkeley residents, hosted by Urban Adamah. From the focus groups, advocates learned that half reported feeling stress at checkout, there was unanimous support for healthy checkout options in grocery stores, and parents and children are susceptible to impulse purchases.
There were also nine interviews conducted with a dentist, a Community Health Commissioner, two non-profit leaders, four local retail managers, and one store owner. 100% of the retailers were interested in making healthier changes and 50% of the managers were interested in supporting the ordinance directly. All retailers also stated that straightforward guidelines would help with implementation.
The City has also begun some outreach, with positive results. Healthy Checkout was recently polled in the Berkeley Considers engagement portal, where over 95% of respondents were in favor. Over 100 people responded to the question.
Healthy Checkout Reduces Impulse Buying of Sugary Snacks and Drinks A recent study by the University of Cambridge analyzed purchasing data for common unhealthy checkout foods from 2013-2017 in nine U.K. supermarket chains. They found that consumers purchased 17 percent fewer sweets, chocolate and potato chips. One year later the decline in unhealthy purchases remained steady at 16 percent.1 The Healthy Checkout Ordinance will create a level playing field for customers and retailers and support consistent, healthy snacking norms for shoppers and families.
Providing Alternatives at Checkout in Berkeley: Ordinance Elements The attached ordinance (Attachment 1):
● limits food and beverage products sold at the checkout area; ● applies to approximately 25 stores in Berkeley that are over 2,500 square feet (see attached) and have more than 25 linear feet of food for sale; and ● allows only beverages with no added sugars and no artificial sweeteners and food items with limited calories, added sugars, and sodium to be sold in the checkout area.
These limitations allow for healthy alternatives to proliferate in checkout areas. Stores will continue to sell food items in their checkout areas, and limiting the salt and added
Attachment 2Page 37 of 42
Healthy Checkout Ordinance ACTION CALENDAR
September 22, 2020
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:
[email protected]
sugars will lead to stores selling fruits, vegetables, seeds, nuts, water, milk, and other healthier options.
The attached ordinance still has some unanswered questions that will require input from public health advocates, City staff, food retailers, and the policy committee. Those questions are:
how to define healthy food, and what parameters are most appropriate; date of implementation;
appropriate definition of “checkout area”. The attached draft ordinance includes the definition of “checkout area” as defined in AB 765, but that definition may not appropriately reflect the needs of all large retail stores in Berkeley.
RATIONALE FOR RECOMMENDATION
Requiring the approximately 25 stores to follow the requirements for Healthy Checkout would eliminate the encouragement of unplanned purchases of unhealthy foods and beverages. Such a change would thus contribute to healthy norms and reduce the consumption of sugary drinks and unhealthy foods in the City of Berkeley.
ALTERNATIVES CONSIDERED
In February 2019, Assemblymember Buffy Wicks introduced AB 765, a bill which would implement Healthy Checkout statewide. However, as the bill has not advanced from committee since April, progress at the state level is not guaranteed.
In the United Kingdom, many grocery stores have voluntarily undertaken a healthy checkout initiative.22 However, without clear standards for what constitutes “healthy” or enforcement, the voluntary model is too modest to draw conclusions about long-term health impacts. In addition, the interviews with retailers indicated that voluntary compliance without straightforward guidelines would be more difficult to follow.
CONTACT PERSON
Kate Harrison, District 4
ATTACHMENTS:
1: Draft Ordinance
Attachment 2Page 38 of 42
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 981-6903 E-Mail:
[email protected]
1 Brody, JE. The Downside of Having a Sweet Tooth. The New York Times. July 22, 2019. https://www.nytimes.com/2019/07/22/well/eat/the-downside-of-having-a-sweet-tooth.html. 2 U.S. Department of Health and Human Services and U.S. Department of Agriculture. 2015–2020 Dietary Guidelines for Americans 8th Edition. Washington, DC; HHS and USDA, 2015. 3 Lancet Diabetes Endocrinol. 2014 Nov;2(11):867-74. doi: 10.1016/S2213-8587(14)70161-5. Epub 2014 Aug 12.
4 https://www.hsph.harvard.edu/nutritionsource/salt-and-sodium/ 5 https://www.cdc.gov/mmwr/volumes/67/ss/ss6705a1.htm
6 City of Berkeley. Health Status Report 2014. Berkeley, CA; 2014. 7 City of Berkeley. Health Status Report 2018. Berkeley, CA; 2018. 8 Satia, Jessie A. Diet-Related Disparities: Understanding the Problem and Accelerating Solutions. J. Am Diet Assoc. 2009 April.
9 Food Marketing Institute. The Power of Health and Well-Being in Food Retail. Arlington, VA: FMI; 2019. 10 International Food Information Council Foundation. 2019 Food & Health Survey. Washington, D.C.:
IFIC; 2019.
11 Barker D, Quinn C, Rimkus L, Zenk S, Chaloupka F. Availability of Healthy Food Products at Check-out Nationwide, 2010-2012. Chicago, IL: Bridging the Gap Program, Health Policy Center, Institute for Health Research and Policy, University of Illinois at Chicago; 2015. 12 The Center for Science in the Public Interest. Model Nutrition Standards for Checkout. https://cspinet.org/protecting-our-health/nutrition/model-nutrition-standards-checkout. 13 Center for Science in the Public Interest. Temptation at Checkout: The Power of Point-of-Sale Retail Food Marketing. Washington, D.C.: CSPI; 2015.
14 Kerr J, Sallis JF, Bromby E, Glanz K. Assessing Reliability and Validity of the GroPromo Audit Tool for Evaluation of Grocery Store Marketing and Promotional Environments. J Nutr Educ Behav. 2012;44(6):597-603. doi:10.1016/j.jneb.2012.04.017.
15 Horsley JA, Absalom KA, Akiens EM, Dunk RJ, Ferguson AM. The Proportion of Unhealthy Foodstuffs Children Are Exposed to at the Checkout of Convenience Supermarkets. Public Health Nutr. 2014;17(11):2453-2458.
16 Caravan ORC International. Checkout Polling: Online Survey of 1,024 adults. Princeton, NJ; 2016. 17 Mancino L, Guthrie J. Supermarkets, Schools, and Social Gatherings: Where Supplemental Nutrition Assistance Program and Other U.S. Households Acquire their Foods Correlates with Nutritional Quality.
Washington, DC: U.S. Department of Agriculture Economic Research Center; 2018. 18 U.S. Department of Agriculture Food and Nutrition Service. 2015 SNAP Retailer Management Year- End Summary. Washington, D.C.: USDA; 2015.
19 Poti JM, Slining MM, Popkin BM, Kenan WR. Where are kids getting their empty calories? Stores, schools, and fast food restaurants each play an important role in empty calorie intake among US children in 2009-2010. J Acad Nutr Diet. 2014;114(6):908-917. doi: 10.1016/j.jand.2013.08.012. 20 Cohen DA, Bogart L, Castro G, Rossi AD, Williamson S, Han B. Beverage marketing in retail outlets and The Balance Calories Initiative. Prev Med. 2018;115:1-7. 21 Fielding-Singh P, Almy J, Wootan MG. Sugar Overload: Retail Checkout Promotes Obesity.
Washington, DC: Center for Science in the Public Interest, 2014. 22 Winkler, Lise L, et al. Substituting Sugar Confectionary with Fruit and Healthy Snacks at Checkout – A Win-Win Strategy for Consumers and Food Stores? BMC Public Health. 2016
Attachment 2Page 39 of 42
ORDINANCE NO. -N.S.
ADDING CHAPTER 9.82 TO THE BERKELEY MUNICIPAL CODE “HEALTHY CHECKOUT”
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That the Berkeley Municipal Code is amended to read as follows:
9.82.010. Findings and Purpose.
The City of Berkeley hereby finds and declares as follows:
A. Diets with an excess of added sugars and sodium are correlated to chronic health issues including diabetes, high blood pressure, and stroke.
B. Food choices are strongly affected by the environments in which they are made. The placement of unhealthy snacks near a register increases the likelihood that consumers will purchase those foods and drinks, thus undermining consumer health choices and public health initiatives.
C. It is in the interest of the health, safety, and welfare of all who live, work, and do business in the City that large stores offer healthy options and do not actively encourage the purchase of unhealthy foods.
D. This Chapter is consistent with the General Provisions of Environmental Health of the City (Berkeley Municipal Code 11.04).
9.82.020. Definitions.
A. “Added Sugars” means sugars added during the processing of food and beverages, or are packaged as such, and include sugars (free, mono and disaccharides), sugars from syrups and honey, and sugars from concentrated fruit or vegetable juices that are in excess of what would be expected from the same volume of 100 percent fruit or vegetable juice of the same type, as defined in Section 101.9 of Title 21 of the Code of Federal Regulations.
B. “Artificial Sweetener” means sweeteners with few to no calories that have a higher intensity of sweetness per gram than sucrose.
C. “Category List” means the list of foods and beverages which meet the standards of BMC 9.82.030.
D. “Checkout Area” means any area that is accessible to a customer of the Large Retail Store that is either:
i. within a 3-foot distance of any Register; or
ii. designated primarily for or utilized primarily by customers to wait in line to make a purchase at a Register, up to and including the Checkout Endcap.
Attachment 2Page 40 of 42
E. “Checkout Endcap” means product displays placed at endpoints of areas designated primarily for or utilized primarily by customers to wait in line to make a purchase.
F. “Register” means a device used for monetary transactions that calculates the sales of goods and displays the amount of sales for the customer.
G. “Large Retail Store” means a commercial establishment selling goods to the public with a total floor area over 2,500 square feet and selling 25 linear feet or more of food.
9.82.030. Healthy Checkout Areas.
Each Large Retail Store shall, at all hours during which the Large Retail Store is open to the public, ensure that all foods and beverages sold in all Checkout Areas meet the standards in Sec 9.82.030 A-C and comply with the list of qualifying food and beverage categories:
A. Beverages with no added sugars and no artificial sweeteners.
B. Food items with no more than 5 grams of added sugars, and 200 milligrams of sodium per labeled serving.
C. Food items must be in the following categories: chewing gum and mints with no added sugars, fruit, vegetables, nuts, seeds, legumes, yogurt or cheese and whole grains.
City staff will provide technical assistance for implementation. Bi-annual review of qualifying food and beverage categories will be done by the Public Health Division.
There will be a 120 day phase-in period if any changes are made.
9.82.040. Enforcement.
A. The City is hereby authorized to issue all rules and regulations consistent with this ordinance, including, but not limited to, fees for re-inspection.
B. Compliance with this Chapter shall be administered by the City during regular inspections of qualifying Large Retail Stores. The City may require a Large Retail Store to provide such information as may be necessary to determine the Large Retail Store’s compliance with this Chapter.
9.82.050. Violation--Penalty.
A. A Large Retail Store that violates any provision of this chapter may be subject to administrative citations pursuant to Chapter 1.28 of this Code.
B. This section shall not limit the City from recovering all costs associated with implementing this chapter or investigating complaints pursuant to fee resolution.
Attachment 2Page 41 of 42
C. Remedies and penalties under this chapter are cumulative and not exclusive.
9.82.060. Effective Date.
This ordinance and the legal requirements set forth herein shall take effect and be in force January 1, 2021. Enforcement pursuant to 9.82.040 shall commence no sooner than July 1, 2021.
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
Attachment 2Page 42 of 42
Communications
All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
Records Online
https://records.cityofberkeley.info/
To search for communications associated with a particular City Council meeting using Records Online:
1. Select Search Type = “Public – Communication Query (Keywords)”
2. From Date: Enter the date of the Council meeting
3. To Date: Enter the date of the Council meeting (this may match the From Date field)
4. Click the “Search” button
5. Communication packets matching the entered criteria will be returned
6. Click the desired file in the Results column to view the document as a PDF