S T A T E O F N E W Y O R K
________________________________________________________________________
10188--A
I N A S S E M B L Y
February 12, 2026
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Introduced by M. of A. MAGNARELLI, LEE -- read once and referred to the
Committee on Consumer Affairs and Protection -- reported and referred
to the Committee on Codes -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01303-07-6
A. 10188--A 2
SAME AS THE IN STORE PRICE, OR IF IT IS NOT THE SAME. THE DISCLOSURE
SHALL INDICATE THAT PRICES ON THE PLATFORM MAY GENERALLY DIFFER FROM THE
IN-STORE PRICE. THIRD-PARTY DELIVERY PLATFORMS SHALL PROMINENTLY INCLUDE
A DISCLOSURE ON THE PRIMARY LANDING PAGE FOR FOOD RETAILERS STATING THAT
PRICES ON THE PLATFORM MAY GENERALLY DIFFER FROM THE IN-STORE PRICE. 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
NOTICEABLE AND ACCESSIBLE 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 one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.