Last May, I wrote with some incredulity about AB 853 (Maienschein) which is ostensibly directed at mergers and acquisitions of grocery and drug stores.  The bill, however, appears to be progressing toward enactment.   As a reminder, the bill provides:

No person shall acquire, directly or indirectly, any voting securities or assets of a retail grocery firm or retail drug firm unless both parties give, or in the case of a tender offer, the acquiring party gives, written notice to the Attorney General in accordance with this part.

Inventory is an asset of a grocery.  Thus, a person who buys a loaf of bread is acquiring an asset of a retail grocery firm.  Also, the bill would require a person who acquires even a single share of a retail grocery firm or retail drug firm to provide written notice to the Attorney General.  It beggars belief that the legislature actually intends to impose this requirement but if the bill is enacted in its present form that is what the bill will expressly and unambiguously require.  Since the notice must be given 180 days in advance, now may be the time to stock up on victuals.

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