S T A T E O F N E W Y O R K
________________________________________________________________________
3437
2025-2026 Regular Sessions
I N A S S E M B L Y
January 27, 2025
___________
Introduced by M. of A. SANTABARBARA -- 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 introducing dynamic pricing models
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 section
391-vv to read as follows:
§ 391-VV. DYNAMIC PRICING BY FOOD SERVICE ESTABLISHMENTS PROHIBITED.
1. FOR THE PURPOSES OF THIS SECTION:
(A) "FOOD SERVICE ESTABLISHMENT" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED IN SECTION THREE HUNDRED NINETY-ONE-V OF THIS ARTICLE.
(B) "DYNAMIC PRICING" MEANS THE PRACTICE OF FLUCTUATING PRICES BASED
ON DEMAND, THE SEASON, OR OTHER FACTORS, INCLUDING, BUT NOT LIMITED TO,
ARTIFICIAL INTELLIGENCE-ENABLED PRICING ADJUSTMENTS.
2. NO FOOD SERVICE ESTABLISHMENT SHALL USE A DYNAMIC PRICING MODEL IN
DETERMINING THE PRICES ON ITS MENU. SUCH PRICES ON A FOOD SERVICE ESTAB-
LISHMENT'S MENU SHALL REMAIN FIXED AND BE POSTED FOR ALL MENU ITEMS.
3. A FOOD SERVICE ESTABLISHMENT'S FAILURE TO COMPLY WITH THE
PROVISIONS OF THIS SECTION SHALL RESULT IN A PENALTY OF ONE THOUSAND
DOLLARS FOR EACH DAY IT IS NOT IN COMPLIANCE WITH THE PROVISIONS OF THIS
SECTION. IF SUCH PENALTIES EXCEED A TOTAL OF FIFTY THOUSAND DOLLARS IN A
CALENDAR YEAR, THE FOLLOWING MAY OCCUR:
(A) THE ATTORNEY GENERAL IS AUTHORIZED TO ENFORCE THE PROVISIONS OF
THIS SECTION, INCLUDING, BUT NOT LIMITED TO, FURTHER PENALTIES AT THE
ATTORNEY GENERAL'S DISCRETION; OR
(B) REVOCATION OF SUCH FOOD SERVICE ESTABLISHMENT'S PERMIT AT THE
DISCRETION OF THE LOCAL HEALTH DEPARTMENT.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06696-01-5
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