Supplier Compliance

California is one of the most highly regulated states in the nation. In many cases, California laws are stricter than federal laws. It is essential to understand these regulations when doing business with The Save Mart Companies.

The following sections provide an overview of the local, state, and federal regulations with which we expect and require our suppliers and other business partners to comply. It is the supplier’s responsibility to understand how these requirements impact the specific products and/or services provided by their company. The regulations noted below, as well as additional regulations not cited on this site or any The Save Mart Companies documents, are subject to change at any time and without notice. This is not intended to serve as an exhaustive summary.

Suppliers are asked to contact the appropriate Customer Solutions Merchant or The Save Mart Companies Compliance and Regulatory Department at (209) 548-6661 with questions.

California Air Resources Board's Transport Refrigeration Unit Airborne Toxic Control Measure
The Save Mart Companies requires all refrigerated carriers to comply with the regulations of the California Air Resources Board's (ARB) Transportation Refrigeration Unit (TRU or reefer) Airborne Toxic Control Measure (ATCM or Regulation). Please click here for the The Save Mart Companies California Air Resources Board's Transport Refrigeration Unit Airborne Toxic Control Measure LetterMore information is available at http://www.arb.ca.gov/tru/tru.htm.

Labeling and Weights and Measures Laws
All products offered for sale in our stores must comply with all federal and state regulations for labeling. This helps ensure that consumers have the information needed to make informed decisions about the food they eat and the products they use. The Save Mart Companies expects our suppliers to comply with all labeling laws, including:

• Sherman Food, Drug, and Cosmetic Law
  This law regulates the packaging, labeling, and advertising of drugs and devices, and is administered by the California Department of Public Health. It prohibits the sale, delivery, or giving away of any new food, drug, cosmetic, or new device unless approved by the California Department of Public Health. Please click here for the regulation.
• Nutritional Labeling and Education Act
  This act requires nutritional labeling information on the packages of all foods sold in the United States and standardizes the format for the declaration of minimum nutritional requirements. Product information and the total nutritional breakdown of recommended daily allowance (RDA) ingredients are required on food packaging. This act also mandates the format in which ingredients, serving size, and other pertinent information is provided. Please click here for the regulation.
• Country of Origin Labeling (COOL) Rule
  This rule requires that retailers notify their customers of the country of origin of certain commodities and in cases, the method of production for such products as, beef, lamb, pork, chicken, goat, wild and farm-raised fish and shellfish; fresh and frozen fruits and vegetables; and peanuts, pecans, ginseng, and macadamia nuts. Suppliers providing such products are required to provide labels or other documents containing the requisite COOL information. Please click here for the regulation.
• Fair Packaging and Labeling Act
  This act requires that all "consumer commodities" be labeled with product identity, net contents, and the name and place of business of the product's manufacturer, packer, or distributor. The U.S. Food and Drug Administration’s Office of Weights & Measures oversees uniformity in weights and measures laws and standards. These laws are designed to prevent unfair or deceptive packaging, or to facilitate value comparisons, with respect to descriptions of ingredients, characterizations of package sizes, slack fill of packages, or the use of "cents-off" or lower price labeling. Please click here for the regulation.
• Prop 65: California’s Safe Drinking Water and Toxic Enforcement Act
  Health and Safety Code Section 25249.5, et seq.
  Prop 65 governs any product containing chemicals that have been identified by the state of California as causing cancer or reproductive harm. There are approximately 1,000 chemicals that have been “Prop 65-listed,” and other chemicals are added on a routine basis. The state requires that anyone who knowingly or intentionally exposes an individual to one of these chemicals must first give a clear and reasonable warning of the presence of such chemicals (unless exempted by Section 25249.10).
  Responsibility for notifying the consumer lies with the manufacturer, packager or distributor – not with The Save Mart Companies. Our suppliers are expected to assume this responsibility, as well as any liability, costs, and expense incurred should action be brought against the company in the course of offering your product for sale. To determine compliance with Prop 65 prior to your product being placed on our shelves, we may request in writing the chemical involved, the lab results from testing said chemical, and the warning statement provided on the product.
  Please click here for the regulation

Potentially Hazardous Products: The WERCSmart Program
Potentially hazardous products are those containing chemicals that, when damaged or mismanaged, can be harmful to people and other living things, as well as the environment. This includes products that are flammable, corrosive, oxidizing or otherwise regulated by state or federal law. These regulations apply, but are not limited to, all aerosols; damaged or expired over the counter pharmaceuticals such as pain relievers and cold and flu products; many health and beauty care products such as hair coloring, shampoo, toothpaste, soap and cosmetics; and household products such as detergents, glass cleaners, and toilet bowl cleaners. When these products are damaged and no longer of any use or value, they must be managed as hazardous waste.

To ensure compliance with state and federal regulations regarding the safe handling and disposal of hazardous waste, The Save Mart Companies requires that potentially hazardous products be registered with the WERCSmart program. Note this program is in place companywide, including all Save Mart, S-Mart, Lucky, FoodMaxx and Maxx Value stores as well as our Distribution Centers.

Click here for further information from The Save Mart Companies.

Restricted Products
The Save Mart Companies expects our suppliers to be familiar with the product restrictions, and other regulations, that apply to the products they provide. If a restricted product is unknowingly sold based on inaccurate or incomplete supplier-provided information, the supplier is subject to being held liable for all costs incurred to remove the product from sale, including any related fines, penalties, and other legal costs.

Suppliers should be aware of the restricted product regulations that govern where and how their products are sold. The state of California, and to a lesser degree the state of Nevada, may restrict the sale of products that are readily available for sale, without restriction, in other states. In addition, some California product restrictions apply on a local basis (e.g., county or city).

Restricted products include, but are not limited to:

• Products containing Prop 65-listed chemicals in sufficient quantities require a Prop 65 consumer warning label (for chemicals known to the state of California to be carcinogens or causing reproductive harm).
• Windshield wash solutions/de-icers are banned in certain counties, as some formulas contribute to low-laying air pollution.
• Certain types of pesticides are banned due to toxic effects on the environment, as well as people and other living things.
• All states prohibit the sale of products containing ephedrine, pseudoephedrine, and phenylpropanolamine to persons under the age of 18, and limits the quantity to be sold (daily and monthly limits), as these drugs are a precursor to methamphetamine. Products which are restricted by age include, but are not limited to:
• All states prohibit the sale of tobacco products (age 18) and alcoholic beverages (age 21). In California, alcohol cannot be sold through a self-checkout lane.
• All states prohibit the sale of cold and cough medicines that contain dextromethorphan (age 18), due to potential misuse such as inhaling to produce a high.
• All states prohibit the sale of model glue and spray paint to anyone under the age of 18 due to potential misuse such as “sniffing.”
• Pepper spray may not be sold to anyone under the age of 18 in California. The sale of pepper spray in Nevada is dictated by local regulations.
• In limited jurisdictions, felt tip markers may not be sold to anyone under the age of 18 as they are considered “graffiti tools.