Bill > S3952

Introduced Session

This bill establishes the "Fair Pricing and Transparency Act." Under the bill, a retail food store is required to clearly and conspicuously post the sale price of groceries and other foodstuffs. The provisions of this bill prohibit retail food stores from using surveillance-based price discrimination, dynamic pricing, or personalized pricing to modify the sale price of groceries and other foodstuffs. This includes price changes that occur within minutes, hours, days, or across separate transactions, and price changes based on a consumer's behavior, inferred data, or personally identifiable information. The bill further prohibits retail food stores that are 15,000 square feet or larger from using an electronic shelf label system until four years after the effective date of this bill. Additionally, the provisions of this bill clarify that surveillance-based price discrimination, dynamic pricing, and personalized pricing do not include a reduction in the posted sale price that is uniformly offered or made available to all consumers who meet disclosed eligibility criteria. Furthermore, retail food stores may continue to offer loyalty, membership, or reward programs, provided that any personally identifiable information collected to administer those programs is not used to personalize, optimize, or otherwise modify the sale price of groceries and other foodstuffs. Finally, the bill requires the Division of Consumer Affairs to conduct a study, no later than 12 months after the effective date of this bill, on the use of electronic shelf label systems and their impact on pricing transparency and employee job security, and to submit a report with findings and recommendations to the Governor and the Legislature. A violation of the bill's provisions is an unlawful practice under the consumer fraud act, punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, violations may result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.

AI Summary

Committee Categories

Angela Mcknight (D)*,  Brian Stack (D)*, 

Introduced in the Senate, Referred to Senate Commerce Committee (on 03/16/2026)

Official Document