55.8.
(a) A retail department store that offers childcare items for sale shall maintain one undivided area of its sales floor where the majority of the childcare items being offered shall be displayed, regardless of whether a particular childcare item has been traditionally marketed for either girls or for boys.(b) A retail department store that offers children’s clothing for sale shall maintain one undivided area of its sales floor where the majority of the children’s clothing being offered shall be displayed, regardless of whether a particular article of children’s clothing has been traditionally marketed for either girls or for boys.
(c) A retail department store that offers toys for
sale shall maintain one undivided area of its sales floor where the majority of the toys being offered shall be displayed, regardless of whether a particular toy has been traditionally marketed for either girls or for boys.
(d) Nothing in this section shall be construed to constrain how a retailer promotes, displays, or presents a particular item within each undivided area of its sales floor where either childcare items, children’s clothing, or toys are being offered for sale. However, no signage shall be used within any undivided area where either childcare items, children’s clothing, or toys are offered for sale indicating the items are for either girls or for boys.
(e) A retail department store that displays for sale a childcare item, an article of children’s clothing, a toy, or anything that could be considered a combination thereof, in an area of its sales floor outside of
the undivided areas where the majority of childcare items, children’s clothing, or toys are displayed for sale, as described in subdivisions (a), (b), and (c), shall not use any signage with respect to the item, article, or toy that indicates that it is either for girls or for boys.
(f) A retail department store located in California that maintains an internet website through which it sells childcare items, children’s clothing, toys, or anything that could be considered a combination thereof, shall dedicate a section of the internet website to the sale of those items and articles that shall be titled, at the discretion of the retailer, “kids”, “unisex”, or “gender neutral”. The items and articles included in that section of the internet website shall be determined at the discretion of the retailer.
(g) This section shall apply only to retail department stores with 500 or more
employees.
(h) Beginning on January 1, 2024, a retail department store that fails to correct a violation of this section within 30 days of receiving written notice of the violation from the Attorney General is liable for a civil penalty of one thousand dollars ($1,000) which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General in any court of competent jurisdiction.
(i) For purposes of this section:
(1) “Childcare item” means any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.
(2) “Clothing” means any wearing apparel, worn for any purpose, including under and outer
garments, shoes, and accessories composed primarily of woven material, natural or synthetic yarn, fiber, or leather or similar fabric.
(3) “Toy” means a product designed or intended by the manufacturer to be used by children when they play.