California Governor Imposes Pre-Approval Requirement for Grocery and Drug Retail Acquisitions

Several changes are heading towards anyone planning to purchase everyday grocery items in the near future. As of last weekend, Governor Newsom has signed into law AB 853, a bill with surprising stipulations for consumers and retailers alike. According to the bill, as found in JD Supra, “no person shall acquire, directly or indirectly, any…assets of a retail grocery firm or retail drug firm unless both parties give…written notice to the Attorney General…”. This is a change of seismic proportions and is currently encoded in Cal. Corp. Code § 14700(a).

This new legislation means that even for routine grocery purchases such as a loaf of bread or head of lettuce, planning ahead will be necessary. Given the apparent breadth of the new law, it may even extend to items available from retail drug firms.

The reasoning behind the governor’s bold decision is not outlined within the statute, leaving it open to interpretation and, likely, a great deal of contention and debate. This move may be something of a litmus test of governmental control over large-scale corporations, or even an attempt to place further checks and balances upon corporate influence and power. In either case, the bill adds a new layer of complexity to the day-to-day operations of grocery and drug stores, potentially impacting both small businesses and corporate giants.

AB 853 was initially introduced by Allen Matkins. The overall impact and practicality of the bill in everyday life remains to be seen, as does the reaction of retail grocery firms, drug firms, and consumers. Regardless, the law marks a significant degree of change in the shopping landscape for all involved.