Regulate sale procedures at certain retail establishments

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 415

2025-2026

Senator Patton

To
enact section 4113.35 of the Revised Code
to
regulate sale procedures at certain retail establishments.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 4113.35 of the Revised Code be enacted to read as follows:

Sec.
4113.35.
(A)
As used in this section:

(1)
"Employee" means an individual employed by a retail
pharmacy or retail food establishment, but does not include an
independent contractor, an individual hired through a third-party
agency, a manager, supervisor, or confidential employee.

(2)
"Retail pharmacy" means a retail store that contains a
pharmacy as defined in section 4729.01 of the Revised Code.

(3)
"Retail food establishment" means either of the following:

(a)
A retail store over fifteen thousand square feet in size that
primarily sells household foodstuff for offsite consumption;

(b)
A retail store over eighty-five thousand square feet where ten
percent of the sales floor is dedicated to the sale of household
foodstuff for offsite consumption.

(4)
"Household foodstuff" includes fresh produce, meats, deli
products, dairy products, canned or dry foods, beverages, baked
goods, or prepared foods.

(5)
"Self-service checkout" means an automated process that
allows customers to scan, bag, and pay for purchases without employee
assistance.

(6)
"Staffed checkout" means a station that is not a
self-service checkout at which an employee facilitates a customer
purchase.

(B)
A retail pharmacy or retail food establishment that operates a
self-service checkout shall do all of the following:

(1)
Provide at least one staffed checkout;

(2)
Limit purchases made at a self-service checkout to fifteen items and
advertise this limit to customers;

(3)
If a retail pharmacy or retail food establishment operates two or
more self-service checkouts, staff at least one employee for every
three self-service checkouts in operation;

(4)
Assign at least one employee to monitor the self-service checkout
area at all times it is in operation;

(5)
Ensure that the employee assigned to monitor the self-service
checkout area in accordance with division (B)(4) of this section has
no other work responsibilities that would interfere with the
employee's ability to monitor the self-service checkout area;

(6)
Locate the self-service checkout in a place that enables observation
from employees and law enforcement;

(7)
Prohibit customers from using a self-service checkout to purchase
either of the following:

(a)
Items that require a customer to provide a form of identification to
purchase, including alcohol and tobacco products;

(b)
Items that are subject to theft deterrent measures, including any
item that has a theft-deterrent device affixed to it or any item
stored in a locked cabinet that requires the intervention of an
employee to remove it before purchase.

(8)
Notify the public of the requirements and enforcement options under
this section by prominently posting signage in a location accessible
to customers, which includes either a link or quick response code
that directs the customer to this section of the Revised Code as
published by the legislative service commission in accordance with
sections 149.21 to 149.27 of the Revised Code.

(C)
Any customer or employee of a retail pharmacy or retail food
establishment may bring a civil action in a court of competent
jurisdiction for a violation of division (B) of this section. If the
customer or employee prevails, the court may award the following to
the prevailing party:

(1)
A civil penalty calculated in the manner prescribed by division (D)
of this section;

(2)
Reasonable costs and attorney's fees.

(D)
The court shall calculate the amount of a civil penalty awarded under
division (C)(1) of this section as follows:

(1)
For each violation, one hundred dollars per each employee that was
working on the premises of the retail pharmacy or retail food
establishment on the day the violation occurred.

(2)
For each day that the violation continues, the penalty amount shall
increase by an additional one hundred dollars per employee that was
working on the premises of the retail pharmacy or retail food
establishment on the day the violation occurred, up to a limit of one
thousand dollars per employee per day of the violation.

(E)
No retail pharmacy or retail food establishment shall retaliate
against an employee for bringing or participating in a civil action
related to an alleged violation of this section, participating in
court proceedings related to a civil action brought under this
section, opposing any practice prohibited by this section, or
otherwise asserting their rights under this section.