Bill > SB785

This bill aims to prohibit retailers from using dynamic pricing (fluctuating prices based on demand, season, consumer data, or other factors, including AI-enabled pricing adjustments) for food items sold through the Supplemental Nutrition Assistance Program (SNAP) and the Special Supplemental Foods Program for Women, Infants, and Children (WIC). The legislation is motivated by concerns about Hawaii's high food costs, with residents spending over 17% of household budgets on meals compared to the national average of 12%, and nearly one in three households being food-insecure. Retailers who violate this prohibition will face significant financial penalties, including a civil fine of up to $5,000 per item per day, which can be collected by the attorney general, and an administrative fine of $500 for a first offense and $1,000 for subsequent offenses, which can be collected by the director of commerce and consumer affairs. The bill recognizes that dynamic pricing can disproportionately harm low-income consumers by obscuring base prices and potentially increasing costs, and seeks to protect vulnerable populations who rely on government nutrition assistance programs from unpredictable pricing strategies.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=785&year=2026