Assembly Bill A9488

2023-2024 Legislative Session

Prohibits food service establishments from using a dynamic pricing model in determining the prices on its menu

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A9488 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §391-vv, Gen Bus L

2023-A9488 (ACTIVE) - Summary

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.

2023-A9488 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9488
 
                           I N  A S S E M B L Y
 
                              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:

   Section 1. The general business law is amended by adding a new section
 391-vv to read as follows:
   § 391-VV. DYNAMIC PRICING BY FOOD SERVICE  ESTABLISHMENTS  PROHIBITED.
 1. FOR THE PURPOSES OF THIS SECTION:
   (A)  "FOOD  SERVICE ESTABLISHMENT" SHALL HAVE THE SAME MEANING AS SUCH
 TERM IS DEFINED IN SECTION THREE HUNDRED NINETY-ONE-V OF THIS ARTICLE.
   (B) "DYNAMIC PRICING" MEANS THE PRACTICE OF FLUCTUATING  PRICES  BASED
 ON  DEMAND, THE SEASON, OR OTHER FACTORS, INCLUDING, BUT NOT LIMITED TO,
 ARTIFICIAL INTELLIGENCE-ENABLED PRICING ADJUSTMENTS.
   2. NO FOOD SERVICE ESTABLISHMENT SHALL USE A DYNAMIC PRICING MODEL  IN
 DETERMINING THE PRICES ON ITS MENU. SUCH PRICES ON A FOOD SERVICE ESTAB-
 LISHMENT'S MENU SHALL REMAIN FIXED AND BE POSTED FOR ALL MENU ITEMS.
   3.   A  FOOD  SERVICE  ESTABLISHMENT'S  FAILURE  TO  COMPLY  WITH  THE
 PROVISIONS OF THIS SECTION SHALL RESULT IN A  PENALTY  OF  ONE  THOUSAND
 DOLLARS FOR EACH DAY IT IS NOT IN COMPLIANCE WITH THE PROVISIONS OF THIS
 SECTION. IF SUCH PENALTIES EXCEED A TOTAL OF FIFTY THOUSAND DOLLARS IN A
 CALENDAR YEAR, THE FOLLOWING MAY OCCUR:
   (A)  THE  ATTORNEY  GENERAL IS AUTHORIZED TO ENFORCE THE PROVISIONS OF
 THIS SECTION, INCLUDING, BUT NOT LIMITED TO, FURTHER  PENALTIES  AT  THE
 ATTORNEY GENERAL'S DISCRETION; OR
   (B)  REVOCATION  OF  SUCH  FOOD  SERVICE ESTABLISHMENT'S PERMIT AT THE
 DISCRETION OF THE LOCAL HEALTH DEPARTMENT.
   § 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

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