Prohibits food service establishments from using a dynamic pricing model in determining the prices on its menu; requires fixed prices be published on a food service establishment's menu.
STATE OF NEW YORK
________________________________________________________________________
9488
IN ASSEMBLY
March 14, 2024
___________
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:
1 Section 1. The general business law is amended by adding a new section
2 391-vv to read as follows:
3 § 391-vv. Dynamic pricing by food service establishments prohibited.
4 1. For the purposes of this section:
5 (a) "Food service establishment" shall have the same meaning as such
6 term is defined in section three hundred ninety-one-v of this article.
7 (b) "Dynamic pricing" means the practice of fluctuating prices based
8 on demand, the season, or other factors, including, but not limited to,
9 artificial intelligence-enabled pricing adjustments.
10 2. No food service establishment shall use a dynamic pricing model in
11 determining the prices on its menu. Such prices on a food service estab-
12 lishment's menu shall remain fixed and be posted for all menu items.
13 3. A food service establishment's failure to comply with the
14 provisions of this section shall result in a penalty of one thousand
15 dollars for each day it is not in compliance with the provisions of this
16 section. If such penalties exceed a total of fifty thousand dollars in a
17 calendar year, the following may occur:
18 (a) the attorney general is authorized to enforce the provisions of
19 this section, including, but not limited to, further penalties at the
20 attorney general's discretion; or
21 (b) revocation of such food service establishment's permit at the
22 discretion of the local health department.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14742-01-4
