Assembly Bill A10188A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10188
 
                           I N  A S S E M B L Y
 
                             February 12, 2026
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to the  disclosure
   of  pricing  changes  for  online  grocery delivery and online pick-up
   services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new article
 38-C to read as follows:
                                ARTICLE 38-C
                         ONLINE SALE OF GROCERIES
 SECTION 840. DEFINITIONS.
         841. DISCLOSURE OF PRICING POLICY.
   § 840. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "FOOD  RETAILER" SHALL MEAN A SUPERMARKET, GROCERY STORE OR OTHER
 RETAILER THAT OPERATES ON  A  SELF-SERVICE  BASIS  AND  SELL  A  MINIMUM
 PERCENTAGE,  AS  DETERMINED BY THE SECRETARY OF STATE, OF PRODUCE, MEAT,
 POULTRY, SEAFOOD, BAKED GOODS AND/OR DAIRY PRODUCTS.
   (B) "IN STORE PRICE" SHALL MEAN THE PRICE CHARGED TO THE CONSUMER  FOR
 A  PARTICULAR PRODUCT WHEN PURCHASED WITHIN THE GROCERY STORE'S PHYSICAL
 STORE LOCATION.
   (C) "ONLINE PRICE" SHALL MEAN THE PRICE CHARGED TO THE CONSUMER FOR  A
 PRODUCT  PURCHASED OR ORDERED THROUGH ANY WEBSITE, MOBILE APPLICATION OR
 OTHER INTERNET SERVICE.
   (D) "THIRD-PARTY DELIVERY PLATFORM" SHALL  MEAN  ANY  WEBSITE,  MOBILE
 APPLICATION  OR OTHER INTERNET SERVICE THAT OFFERS OR ARRANGES THE SALE,
 PURCHASE, DELIVERY OR PICKUP OF ANY PRODUCTS FROM  A  GROCERY  STORE  OR
 FOOD RETAILER ONLINE.
   § 841. DISCLOSURE  OF  PRICING POLICY. 1. ANY FOOD RETAILER, OR THIRD-
 PARTY DELIVERY PLATFORM SHALL CLEARLY AND CONSPICUOUSLY PROVIDE A  PRIC-
 ING  POLICY  THAT  DISCLOSES WHETHER THE ONLINE PRICE OF PRODUCTS IS THE
 SAME AS THE IN STORE PRICE, OR IF IT IS NOT  THE  SAME.  THE  DISCLOSURE
 SHALL  INDICATE  WHETHER THE ONLINE PRICE IS HIGHER OR LOWER THAN THE IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01303-06-6
 A. 10188                            2
 
 STORE PRICE. FOR THIRD-PARTY DELIVERY PLATFORMS, THIS  DISCLOSURE  SHALL
 USE  THE  PRICES  MOST  RECENTLY PROVIDED TO IT BY THE FOOD RETAILER. IF
 FOOD RETAILERS LISTED ON A THIRD-PARTY DELIVERY PLATFORM HAVE  DIFFERENT
 PRICING  POLICIES,  A  THIRD-PARTY  DELIVERY  PLATFORM  MAY  SATISFY THE
 REQUIREMENTS OF THIS SECTION BY PROMINENTLY INCLUDING A  PRICING  POLICY
 DISCLOSURE ON THE PRIMARY LANDING PAGE FOR THAT FOOD RETAILER. IF A FOOD
 RETAILER  HAS  A  WEBSITE, THE THIRD-PARTY DELIVERY PLATFORM MUST POST A
 LINK TO THE WEBSITE ON THEIR PLATFORM IN A MANNER THAT IS EASILY NOTICE-
 ABLE TO THE CONSUMER.
   2. IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, A VIOLATION  OF
 THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE AN OFFENSE PUNISHABLE BY
 A  FINE  OF  NOT MORE THAN ONE HUNDRED DOLLARS FOR THE FIRST OFFENSE AND
 NOT MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A SECOND OR EACH  SUBSEQUENT
 OFFENSE.
   3.  THE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES AND REGULATIONS
 AS ARE NECESSARY AND APPROPRIATE TO CARRY OUT  THE  PROVISIONS  OF  THIS
 SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.