Business and Professions Code section 22949.92

For purposes of this chapter, the following definitions apply:

(a)

(1)“Covered establishment” includes a grocery establishment or a pharmacy establishment.

(A)

“Grocery establishment” means a retail store operating in this state that meets both of the following requirements:

(i)

The retail store sells primarily household foodstuffs for offsite consumption, including, but not limited to, the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods.

(ii)

The sale of any other household supplies or other products by the retail store is secondary to the primary purpose of food sales.

(B)

“Pharmacy establishment” means a pharmacy as defined in Section 4037 that meets all of the following requirements:

(i)

The pharmacy is a chain community pharmacy or an independent community pharmacy as defined in Section 4001.

(ii)

The pharmacy is open to the public.

(iii)The pharmacy is not owned by a health facility as defined in Section 1250 of the Health and Safety Code.

(iv)

The pharmacy is not a part of a fully integrated delivery system. For purposes of this clause, a “fully integrated delivery system” means a system that includes a physician organization, health facility or health system, and a nonprofit health care service plan that provides health care services to enrollees in a specific geographic region of the state through an affiliate hospital system and an exclusive contract between the nonprofit health care service plan and a single physician organization in each geographic region to provide those medical services.

(2)

Nothing in clause (iii) or (iv) of subparagraph (B) of paragraph (1) shall be construed as exempting a chain community pharmacy as defined in Section 4001 from this chapter. However, a pharmacy location owned and operated by a physician organization, health facility or health system, and a nonprofit health care service plan that is part of a fully integrated delivery system is not a store as described in Section 4001.

(b)

“Closure” means the cessation or substantial cessation of industrial or commercial operations by a covered establishment.