S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4433--A
     Cal. No. 322
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by  Sens. SKOUFIS, FAHY, MAY, WEBB -- read twice and ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection -- reported favorably from said committee, ordered to first
   and second report, ordered to a third reading, passed  by  Senate  and
   delivered  to  the  Assembly, recalled, vote reconsidered, restored to
   third reading, amended and ordered reprinted, retaining its  place  in
   the order of third reading
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01303-05-5
              

 S. 4433--A                          2
 
   (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
 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.