Prohibits food service establishments from modifying the purchase price of items based on consumer demand except for when lowering the purchase price of a food or beverage item during specific times of the day.
STATE OF NEW YORK
________________________________________________________________________
9808
IN ASSEMBLY
April 9, 2024
___________
Introduced by M. of A. BURGOS -- 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 modifying the purchase price of items
based on consumer demand
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 396 of the general business law is
2 amended by adding a new paragraph c to read as follows:
3 c. (1) For the purposes of this paragraph, the term "food service
4 establishment" shall mean a place where food is provided for individual
5 portion service directly to the consumer whether such food is provided
6 free of charge or sold, and whether consumption occurs on or off the
7 premises or is provided from a pushcart, stand or vehicle.
8 (2) No food service establishment shall, in any manner, or by any
9 means of advertisement, or other means of communication, increase the
10 purchase price of a food or beverage item in accordance with anticipated
11 customer demand. Nothing in this paragraph shall prevent a food service
12 establishment from increasing the purchase price of a food or beverage
13 item at the end of a specific time of the day including but not limited
14 to early-bird specials and happy hours. Nothing in this paragraph shall
15 prevent a food service establishment from increasing the purchase price
16 of a food or beverage item once per seven-day period.
17 § 2. This act shall take effect on the ninetieth day after it shall
18 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15069-02-4
