ARTICLE 1. Identification of Shopping and Laundry Carts [22435. - 22435.8.]

Cal. Business and Professions Code - BPC 1.

in effect

Cal. Business and Professions Code - BPC § 22435. Section 22435.

As used in this article: (a) “Shopping cart” means a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. (b) “Laundry cart” means a basket which is mounted on wheels and used in a coin-operated laundry or drycleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them. (c) “Parking area” means a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle.

Cal. Business and Professions Code - BPC § 22435.1. Section 22435.1.

The provisions of Section 22435.2 shall apply when a shopping cart or a laundry cart has a sign permanently affixed to it that identifies the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the premises; notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law; and lists a valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.

Cal. Business and Professions Code - BPC § 22435.2. Section 22435.2.

It is unlawful to do any of the following acts, if a shopping cart or laundry cart has a permanently affixed sign as provided in Section 22435.1: (a) To remove a shopping cart or laundry cart from the premises or parking area of a retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (b) To be in possession of any shopping cart or laundry cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (c) To be in possession of any shopping cart or laundry cart with serial numbers removed, obliterated, or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (d) To leave or abandon a shopping cart or laundry cart at a location other than the premises or parking area of the retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (e) To alter, convert, or tamper with a shopping cart or laundry cart, or to remove any part or portion thereof or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (f) To be in possession of any shopping cart or laundry cart while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart.

Cal. Business and Professions Code - BPC § 22435.3. Section 22435.3.

Any person who violates any of the provisions of this article is guilty of a misdemeanor. The provisions of this section are not intended to preclude the application of any other laws relating to prosecution for theft.

Cal. Business and Professions Code - BPC § 22435.4. Section 22435.4.

This article shall not apply to the owner of a shopping cart or laundry cart or to a retailer, or to their agents or employees, or to a customer of a retail establishment who has written consent from the owner of a shopping cart or laundry cart or a retailer to be in possession of the shopping cart or laundry cart or to remove the shopping cart or laundry cart from the premises or the parking area of the retail establishment, or to do any of the acts specified in Section 22435.2.

Cal. Business and Professions Code - BPC § 22435.5. Section 22435.5.

(a) In any civil proceeding, any shopping cart or laundry cart which has a sign affixed to it pursuant to Section 22435.1 shall establish a rebuttable presumption affecting the burden of producing evidence that the property is that of the person or business named in the sign and not abandoned by the person or business named in the sign. (b) In any criminal proceeding, it may be inferred that any shopping cart or laundry cart which has a sign affixed to it pursuant to Section 22435.1 is the property of the person or business named in the sign and has not been abandoned by the person or business named in the sign.

Cal. Business and Professions Code - BPC § 22435.7. Section 22435.7.

(a) The Legislature hereby finds that the retrieval by local governmental agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section and Section 22435.7.5. (b) (1) A city, county, or city and county may do either of the following with a shopping cart that has a sign affixed to it in accordance with Section 22435.1 that is located outside the premises or parking area of a retail establishment: (A) Pursuant to an ordinance adopted by a city, county, or city and county in accordance with Section 22435.7.5, retrieve and return the shopping cart to the parking area or premises of the owner or retailer identified on the sign. (B) Except as provided in subdivision (i), if the shopping cart is not retrieved within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping cart’s discovery and location, impound the shopping cart. (2) For purposes of this subdivision, the parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center. (c) In instances where the location of a shopping cart will impede emergency services, a city, county, or city and county is authorized to immediately impound the shopping cart from public or private property. (d) Any city, county, or city and county that impounds a shopping cart under the authority provided in subdivisions (b) and (c) is authorized to recover its actual costs for providing this service. (e) Any shopping cart that is impounded by a city, county, or city and county pursuant to subdivisions (b) and (c) shall be held at a location that is both: (1) Reasonably convenient to the owner of the shopping cart. (2) Open for business at least six hours of each business day. (f) (1) A city, county, or city and county may fine the owner of a shopping cart in an amount not to exceed one hundred dollars ($100) for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with subparagraph (B) of paragraph (1) of subdivision (b) or subdivision (c). (2) For purposes of this paragraph, “occurrence” means a failure to retrieve a shopping cart within three business days from the date the owner of the shopping cart, or their agent, receives actual notice from the city, county, or city and county of the shopping cart’s discovery and location. (g) Any shopping cart not reclaimed from the city, county, or city and county within 30 days of receipt of a notice of violation by the owner of the shopping cart may be sold or otherwise disposed of by the entity in possession of the shopping cart. (h) This section shall not invalidate any contract entered into prior to June 30, 1996, between a city, county, or city and county and a person or business entity for the purpose of retrieving or impounding shopping carts. (i) Notwithstanding subparagraph (B) of paragraph (1) of subdivision (b), a city, county, or city and county may impound a shopping cart that otherwise meets the criteria set forth in that subparagraph without complying with the three-day advance notice requirement provided that: (1) The owner of the shopping cart, or their agent, is provided actual notice within 24 hours following the impound and that notice informs the owner, or their agent, as to the location where the shopping cart may be claimed. (2) Any shopping cart so impounded shall be held at a location in compliance with subdivision (e). (3) Any shopping cart reclaimed by the owner or their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be released and surrendered to the owner or agent at no charge whatsoever, including the waiver of any impound and storage fees or fines that would otherwise be applicable pursuant to subdivision (d) or (f). Any cart reclaimed within the three-business-day period shall not be deemed an occurrence for purposes of subdivision (f). (4) Any shopping cart not reclaimed by the owner or their agent, within three business days following the date of actual notice as provided pursuant to paragraph (1), shall be subject to any applicable fee or fine imposed pursuant to subdivision (d) or (f) commencing on the fourth business day following the date of the notice. (5) Any shopping cart not reclaimed by the owner or their agent, within 30 days of receipt following the date of actual notice as provided pursuant to paragraph (1), may be sold or disposed of in accordance with subdivision (g). (j) For purposes of this section, actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, telephone, mail with delivery confirmation, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery.

Cal. Business and Professions Code - BPC § 22435.7.5. Section 22435.7.5.

(a) The Legislature hereby finds that the retrieval by local governmental agencies of shopping carts specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section and Section 22435.7. (b) (1) A city, county, or city and county shall only retrieve and return a shopping cart that is located outside the premises or parking area of a retail establishment to the parking area or premises of the owner or retailer identified on the sign affixed to it in accordance with Section 22435.1 and recover its actual costs, if the city, county, or city and county adopts an ordinance subject to the following requirements: (A) The ordinance includes criteria for determining that a shopping cart is inaccessible for retrieval by the shopping cart owner, or their agent. (B) The ordinance includes an explanation of how the actual costs for retrieving and returning a shopping cart will be determined. (C) The ordinance provides for at least 48 hours’ actual notice to the owner of the shopping cart, or their designated agent, of the shopping cart’s location before the city, county, or city and county retrieves the cart. (D) The ordinance provides that the city, county, or city and county may recover its actual costs for the retrieval and return from the owner of the shopping cart, except those determined to be inaccessible pursuant to the criteria in subparagraph (A), subject to the explanation described in subparagraph (B) and not to exceed more than one hundred dollars ($100) per shopping cart. (2) The ordinance may specify, but is not limited to, at least one of the following: (A) The actual notice provides for the specific location of the shopping cart. (B) The actual notice provides that the shopping cart is located within a predesignated area or route, as determined by the city, county, or city and county. (3) The ordinance may require the owner of the shopping cart, or their designated agent, to follow procedures for receiving actual notice. (c) When a city, county, or city and county retrieves a shopping cart in response to a duly filed complaint or service request submitted by a member of the public, the city, county, or city and county may do either of the following: (1) Retrieve and return the shopping cart without providing actual notice to the owner of the shopping cart, or their designated agent, in which case the city, county, or city and county shall not recover the actual costs of retrieval or return. (2) Provide at least 48 hours’ actual notice to the owner of the shopping cart, or their designated agent, before retrieval, in which case the city, county, or city and county may recover its actual costs of retrieval and return consistent with subdivision (b). (d) If the location of a shopping cart will impede emergency services or pose a substantial threat to health and safety, including an imminent hazard, a city, county, or city and county is authorized to immediately retrieve and return the shopping cart. (e) This section shall not prohibit a city, county, or city and county from being able to retrieve and return shopping carts for no reimbursement. (f) For purposes of this section, both of the following apply: (1) Actual notice shall require proof that the notice was delivered to the owner, or their agent, which may include, but is not limited to, telephone, mail with delivery confirmation, or electronic transmission with delivery confirmation. The city, county, or city and county shall maintain a record of that proof of delivery. (2) The parking area of a retail establishment located in a multistore complex or shopping center shall include the entire parking area used by the complex or center.

Cal. Business and Professions Code - BPC § 22435.8. Section 22435.8.

This article shall not invalidate an ordinance of, or be construed to prohibit the adoption of an ordinance by, a city, county, or city and county, which ordinance regulates or prohibits the removal of shopping carts or laundry carts from the premises or parking area of a retail establishment except to the extent any provision of such an ordinance expressly conflicts with any provision of this article.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026