Requires the clear and conspicuous disclosure of pricing changes for online grocery delivery and online pick-up services; imposes a fine of not more than one hundred dollars for the first offense and not more than two hundred fifty dollars for a second and each subsequent offense for violations.
Summary
This bill would create a new article in New York’s General Business Law governing the online sale of groceries. It defines key terms such as “food retailer,” “in store price,” “online price,” and “third-party delivery platform,” and requires food retailers and third-party platforms to clearly and conspicuously disclose their pricing policy for online grocery delivery and pickup services. The disclosure must state whether online prices are the same as in-store prices, and if not, whether they are higher or lower.
For third-party delivery platforms, the bill requires the disclosure to be based on the most recently provided prices from the retailer. If different retailers on the same platform have different pricing policies, the platform may comply by placing a prominent disclosure on the retailer’s landing page. The bill also requires a noticeable link to the retailer’s own website when one exists. Violations would be punishable by civil fines of up to $100 for a first offense and up to $250 for each subsequent offense, and the Secretary of State would be authorized to adopt implementing regulations.
Impact
The bill would add a new consumer-protection requirement to state law by regulating how grocery retailers and third-party delivery services disclose pricing differences between in-store and online purchases. It would affect supermarkets, grocery stores, online ordering systems, and delivery/pickup platforms operating in New York, while also giving the Secretary of State rulemaking authority to implement the new disclosure regime. The measure does not set prices or prohibit price differences; it requires transparency and creates a modest penalty structure for noncompliance.
Sentiment
The available voting history suggests broad support for the bill. It was reported favorably out of the Senate Consumer Protection Committee by a unanimous 7-0 vote, and later passed the Senate by large margins in floor votes. No committee transcripts were provided, but the strong vote totals indicate the bill was generally viewed as a straightforward consumer transparency measure rather than a controversial policy change.
Contention
The main policy issue appears to be whether online grocery services should be required to disclose pricing differences more clearly, especially on third-party platforms where consumers may not easily compare prices. Any concern would likely come from retailers or delivery platforms that would need to update disclosures and maintain compliance with the new notice requirements. The bill does not appear to have generated significant opposition in the recorded votes, though the need to use the retailer’s most recently provided prices and to manage disclosures across multiple retailers on a platform could raise implementation questions.
Same As
Requires the clear and conspicuous disclosure of pricing changes for online grocery delivery and online pick-up services; imposes a fine of not more than one hundred dollars for the first offense and not more than two hundred fifty dollars for a second and each subsequent offense for violations.