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Assembly Bill A9808

2023-2024 Legislative Session

Prohibits food service establishments from modifying the purchase price of items based on consumer demand

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2023-A9808 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd §396, Gen Bus L
Versions Introduced in 2025-2026 Legislative Session:
A5556

2023-A9808 (ACTIVE) - Summary

Prohibits food service establishments from modifying the purchase price of items based on consumer demand except for when lowering the purchase price of a food or beverage item during specific times of the day.

2023-A9808 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9808
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced by M. of A. BURGOS -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   food service establishments from modifying the purchase price of items
   based on consumer demand
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 396 of the general business law is
 amended by adding a new paragraph c to read as follows:
   C.  (1)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, THE TERM "FOOD SERVICE
 ESTABLISHMENT" SHALL MEAN A PLACE WHERE FOOD IS PROVIDED FOR  INDIVIDUAL
 PORTION  SERVICE  DIRECTLY TO THE CONSUMER WHETHER SUCH FOOD IS PROVIDED
 FREE OF CHARGE OR SOLD, AND WHETHER CONSUMPTION OCCURS  ON  OR  OFF  THE
 PREMISES OR IS PROVIDED FROM A PUSHCART, STAND OR VEHICLE.
   (2)  NO  FOOD  SERVICE  ESTABLISHMENT  SHALL, IN ANY MANNER, OR BY ANY
 MEANS OF ADVERTISEMENT, OR OTHER MEANS OF  COMMUNICATION,  INCREASE  THE
 PURCHASE PRICE OF A FOOD OR BEVERAGE ITEM IN ACCORDANCE WITH ANTICIPATED
 CUSTOMER  DEMAND. NOTHING IN THIS PARAGRAPH SHALL PREVENT A FOOD SERVICE
 ESTABLISHMENT FROM INCREASING THE PURCHASE PRICE OF A FOOD  OR  BEVERAGE
 ITEM  AT THE END OF A SPECIFIC TIME OF THE DAY INCLUDING BUT NOT LIMITED
 TO EARLY-BIRD SPECIALS AND HAPPY HOURS.  NOTHING IN THIS PARAGRAPH SHALL
 PREVENT A FOOD SERVICE ESTABLISHMENT FROM INCREASING THE PURCHASE  PRICE
 OF A FOOD OR BEVERAGE ITEM ONCE PER SEVEN-DAY PERIOD.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15069-02-4

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