July 28, 2026
Economic Development
DATE: July 28, 2026
TO: Mayor Martinez and Members of the City Council
FROM:
Nannette Beacham, Economic Development Director
Samantha Carr, Environmental Manager
Yahna Williamson, Management Analyst
Subject:
Update on the Draft Healthy Options at Point of Sale
Ordinance
FINANCIAL IMPACT: There is no fiscal impact associated with receiving this update.
PREVIOUS COUNCIL
ACTION:
January 25, 2022
March 4, 2024
April 1, 2025
August 26, 2025
STATEMENT OF THE
ISSUE:
City Council previously directed staff to develop a
Healthy Options at Point of Sale (HOPS) ordinance to
improve access to healthier foods and beverages at
checkout areas in large retail stores Since Council’s
direction, Contra Costa County has officially adopted its Healthy Checkout Ordinance for unincorporated areas in
Contra Costa County. Alignment with the County’s
ordinance creates the opportunity for Contra Costa
County Environmental Health to enforce the proposed
City’s ordinance on a contract basis. City staff have
revised Richmond’s draft ordinance to align with the
County’s adopted ordinance and to receive direction on a potential enforcement partnership.
AGENDA
REPORT
July 28, 2026
RECOMMENDED ACTION:
RECEIVE an update on the draft Healthy Options at
Point of Sale (HOPS) ordinance; RECEIVE direction on
aligning Richmond's ordinance with Contra Costa
County's, AUTHORIZE the city manager to enter into an
interagency agreement with Contra Costa County once
the draft agreement has been approved by the City
Attorney's Office, and DIRECT staff to return to City
Council with an ordinance for adoption – Economic
Development Department (Nannette Beacham 510-621-
1306/Samantha Carr 510-620-5407/Yahna Williamson
510-620-6574).
DISCUSSION:
Background
Unhealthy food and beverages continue to dominate checkout areas, which are designed to encourage impulse purchases. Research has shown that these retail environments contribute to higher rates of diet-related illness, particularly in low-income communities and communities of color. Bay Area Community Resources (BACR) youth advocates have played a key role in documenting these conditions and advocating for policy solutions. Their findings were presented to City Council in 2022, April 2025, and August 2025.Council subsequently directed staff to advance a draft ordinance, explore implementation pathways, and address enforcement issues.
On October 7, 2025, the Contra Costa County Board of Supervisors adopted Ordinance No. 2025-04 to establish nutrition standards for foods and beverages sold within checkout areas and applies to large retail stores over 2,000 square feet within unincorporated Contra Costa County. City staff reached out to Contra Costa County staff to explore a potential partnership in which the County would enforce the City’s ordinance. The City currently lacks sufficient staff capacity to enforce the newly adopted HOPS ordinance. After discussions between City and County staff, Contra Costa County Environmental Health staff have tentatively agreed to administer enforcement of a Richmond HOPS ordinance on behalf of the City pending Richmond City Council approval of an ordinance that mirrors the County’s ordinance. County staff noted that if Richmond adopts provisions that differ from the County ordinance, the County is unlikely to serve as the enforcing agency. Additionally, the Contra Costa County Board of Supervisors would need to approve an interagency agreement to perform the work.
As a result, City staff would draft an ordinance to closely mirror the County’s adopted framework in order to maintain the opportunity for County-led enforcement and avoid additional enforcement burdens on the City.
Alignment with Contra Costa County Ordinance
Below is a comparison table of key elements in the original Richmond proposed draft ordinance and the revised draft County aligned ordinance. The tentative agreement is contingent upon the Richmond City Council approving an ordinance that mirrors the County’s ordinance and the City and County entering into the interagency agreement.
July 28, 2026
We acknowledge that red dye is a priority issue and would be valuable to include in Richmond's ordinance, however, it was not included in the County’s ordinance at this time. Maintaining consistency between the city and county ordinances is necessary to facilitate county enforcement.
Key Ordinance
Component Original Richmond Draft Proposed Change to Align with County
Applicability / Store
Size
Large retailers defined at
4,000 sq. ft.
Revised to be consistent with
County’s definition of 2,000SF
Checkout Area
Definition
Defined checkout area as 3
feet within any direction of
register/area designated for
waiting in line
Same as County
Healthy Food Criteria ≤5g added sugar AND
≤200mg sodium per serving Same as County
Nutrition Standards
Proposition to include
language to exempt food or
beverages with Red Dye
Left out- No mention of red-dye in
County Ordinance
Beverage Standards No added sugar beverages
allowed
Revised to County language –
“No added sugar and no low-/no-
calorie sweeteners”
Gum / Mints Included as allowed items Language aligned to include with no added sugars
Prepared Foods
Exemption
Included exemption for
prepared foods
Removed exemption to match
County
Outreach &
Education
/Implementation
Period
Outreach period prior to
enforcement
Updated to mirror County timeline
of 12-month education and
implementation phase before
enforcement & citations
Enforcement
Authority City enforcement assumed Added language allowing City to contract enforcement
Enforcement Model Not fully defined
Updated to complaint-based
structure - Complaint-based
enforcement
Inspection Authority General compliance
language
Revised to include flexibility for
County to enforce ordinance.
Administrative Rules City authority to issue
guidance
Similar County authority -Added
explicit authority language
Penalties /
Compliance
Standard enforcement
framework
Progressive compliance
approach - Updated language to
align with County
July 28, 2026
Enforcement of Richmond’s Ordinance
Given current staffing and capacity constraints within the City’s Code Enforcement Division, a County-led enforcement model is the most feasible and cost-effective implementation option. Representatives from Contra Costa County’s Environmental Health Department have indicated a willingness to enforce Richmond’s proposed ordinance if the City’s ordinance is in complete alignment with the County’s adopted ordinance.
County staff also clarified that enforcement would be complaint-based and focused first on voluntary compliance. Under the proposed enforcement structure, County staff would conduct an initial inspection and, if necessary, up to two (2) follow-up re-inspections to obtain compliance. If a business remains out of compliance after those efforts, the matter would then be referred back to the City for further follow-up or enforcement action. County staff also indicated that enforcement activities would be billed directly to the non-compliant food facility operator, resulting in no anticipated fiscal impact to the City associated with County enforcement services.
Outreach and Education
Consistent with Council direction and County practice, the proposed ordinance includes a one-year implementation period focused on:
Retailer education
Technical assistance
Public awareness
Partnership with local organizations
This approach emphasizes collaboration rather than punishment and allows retailers time to comply.
City staff intend to work with the County to co-publish an educational brochure for distribution. The City will be responsible for the education and outreach the one-year prior to the ordinance being enforced. The City would do Facebook posts and Ads, site visits, presentations to business focused community groups, and send mailers to businesses who will need to comply with the ordinance. Additionally, the City would explore other options for outreach and education while minimizing the burden on City.
Staff Recommendation
City staff recommend that City Council authorize the City Manager to enter into an interagency agreement with Contra Costa County for enforcement, subject to City Attorney approval. Aligning the City’s ordinance with the County's framework will enable a cost-effective enforcement partnership while supporting implementation through education, outreach, and voluntary compliance.
SYNERGISTIC POLICIES
The HOPS ordinance supports the 2030 General Plan Community Health and Wellness Element goals and Health in All Policies (HiAP) framework by:
July 28, 2026
Increasing access to healthy food
Reducing diet-related disease
Advancing health equity
Supporting informed consumer choice
NEXT STEPS
If City Council approves aligning the Richmond Healthy Options at Point-of-Sale Ordinance with the County’s, City Staff will:
Meet to draft outreach plan and determine compliance follow-up protocol The Office of the County Counsel and City’s Attorney’s Office review and finalize the interagency agreement
The City Attorney’s Office and Contra Costa County review and finalize Richmond’s Healthy Options at Point-of-Sale draft ordinance In coordination with Contra Costa County, finalize and bring the interagency agreement to the Richmond City Council and Board of Supervisors for approval In coordination with Contra Costa County, co-develop educational brochures in multiple languages
Apply for an intern from the Employment and Training Richmond Youth Work Experience Program to develop outreach, educational materials, and reach out to businesses
Return to City Council with the final ordinance and agreement for adoption
ATTACHMENTS:
None.