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.