New York State Assembly

 
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A01096 Summary:

A01096 Actions:

A01096 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Rozic      
DATE:05/06/2025AYE/NAY:16/0  Action: Favorable refer to committee Codes        
Rozic
Aye
Mikulin
Aye
Fall
Aye
Miller
Aye
Gallagher
Aye
Blumencranz
Aye
Rajkumar
Aye
Durso
Aye
Forrest
Aye
Bologna
Aye
Bores
Aye
Lee
Aye
Alvarez
Aye
Cunningham
Aye
Torres
Aye
Carroll
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/13/2025AYE/NAY:22/0  Action: Favorable         
Dinowitz
Aye
Morinello
Aye
Cook
Aye
Reilly
Aye
Lavine
Aye
Mikulin
Aye
Weprin
Aye
Tannousis
Aye
Hevesi
Aye
Angelino
Aye
Seawright
Aye
Molitor
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Epstein
Aye
Bores
Aye
Reyes
Aye
Cunningham
Aye
Romero
Aye
Alvarez
Aye

A01096 Floor Votes:

A01096 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1096--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI, HEVESI, EPSTEIN, ZINERMAN, RAGA,
          SANTABARBARA -- Multi-Sponsored by -- M. of A. DAVILA -- read once and
          referred to the  Committee  on  Consumer  Affairs  and  Protection  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, 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:
 
     1    Section 1. The general business law is amended by adding a new article
     2  38-C to read as follows:
     3                                 ARTICLE 38-C
     4                          ONLINE SALE OF GROCERIES
     5  Section 840. Definitions.
     6          841. Disclosure of pricing policy.
     7    § 840. Definitions. As used in this article, the following terms shall
     8  have the following meanings:
     9    (a)  "Food  retailer" shall mean a supermarket, grocery store or other
    10  retailer that operates on  a  self-service  basis  and  sell  a  minimum
    11  percentage,  as  determined by the secretary of state, of produce, meat,
    12  poultry, seafood, baked goods and/or dairy products.
    13    (b) "In store price" shall mean the price charged to the consumer  for
    14  a  particular product when purchased within the grocery store's physical
    15  store location.
    16    (c) "Online price" shall mean the price charged to the consumer for  a
    17  product  purchased or ordered through any website, mobile application or
    18  other internet service.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01303-04-5
        A. 1096--B                          2
 
     1    (d) "Third-party delivery platform" shall  mean  any  website,  mobile
     2  application  or other internet service that offers or arranges the sale,
     3  purchase, delivery or pickup of any products from  a  grocery  store  or
     4  food retailer online.
     5    § 841. Disclosure  of  pricing policy. 1. Any food retailer, or third-
     6  party delivery platform shall clearly and conspicuously provide a  pric-
     7  ing  policy  that  discloses whether the online price of products is the
     8  same as the in store price, or if it is not  the  same.  The  disclosure
     9  shall  indicate  whether the online price is higher or lower than the in
    10  store price. For third-party delivery platforms, this  disclosure  shall
    11  use  the  prices  most  recently provided to it by the food retailer. If
    12  food retailers listed on a third-party delivery platform have  different
    13  pricing  policies,  a  third-party  delivery  platform  may  satisfy the
    14  requirements of this section by prominently including a  pricing  policy
    15  disclosure on the primary landing page for that food retailer. If a food
    16  retailer  has  a  website, the third-party delivery platform must post a
    17  link to the website on their platform in a manner that is easily notice-
    18  able to the consumer.
    19    2. In addition to any other penalties provided by law, a violation  of
    20  the provisions of this section shall constitute an offense punishable by
    21  a  fine  of  not more than one hundred dollars for the first offense and
    22  not more than two hundred fifty dollars for a second or each  subsequent
    23  offense.
    24    3.  The secretary of state shall promulgate such rules and regulations
    25  as are necessary and appropriate to carry out  the  provisions  of  this
    26  section.
    27    §  2.  This  act shall take effect on the ninetieth day after it shall
    28  have become a law. Effective immediately, the addition, amendment and/or
    29  repeal of any rule or regulation necessary  for  the  implementation  of
    30  this  act  on its effective date are authorized to be made and completed
    31  on or before such effective date.