NY State Senate Bill 2023-S9277

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2024	referred to consumer protection

2023-S9277 (ACTIVE) - Details

See Assembly Version of this Bill:: A9194
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-l, Gen Bus L
Versions Introduced in 2025-2026 Legislative Session:: A1096

2023-S9277 (ACTIVE) - Summary

Requires the clear and conspicuous disclosure of pricing changes for online grocery delivery 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 or subsequent offense for violations.

2023-S9277 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9277

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the general business law, in relation to the disclosure
of pricing changes for online grocery delivery services

 
PURPOSE OR GENERAL IDEA OF BILL:

To require grocery retailers that offer delivery to clearly state any
pricing mark-ups on products over the in-store price.

 
SUMMARY OF PROVISIONS:

Section 1: Adds new section 399-1 to the General Business Law to require
that grocery retailers disclose and transparently state any mark-up in
pricing on products when delivered versus in-store pricing.  If the
retailer charges a blanket mark-up it needs to be displayed on the front
page of the website or mobile app. Violators face a fine of $100 for a
first offense and a $250 fine for a second or subsequent offense.

Section 2: Establishes the effective date.

 
JUSTIFICATION:

Online ordering and delivery of groceries has grown exponentially in the
past decade. These services are offered by traditional retailers through
their own websites/apps or through 3rd party services, such as Insta-
cart. They provide convenient delivery to customers.  However, retailers
and services often mark-up the prices of products over the in-store
price. This in addition to any delivery or service fees charged. This
mark-up is not always clearly stated to the consumer. This legislation
would require grocery retailers and/or delivery services to state the
delivery mark-up for each product, or the overall percentage if they
charge a blanket mark-up on all products. The goal is to provide the
consumer transparency in deciding if they want to pay a higher price for
delivery. It does not outlaw the practice, just requires companies be
open and transparent about what mark-ups they are charging.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2023-S9277 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9277
 
                             I N  S E N A T E
 
                                May 9, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to the  disclosure
   of pricing changes for online grocery delivery services
 
   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
 399-l to read as follows:
   § 399-L. DISCLOSURE OF PRICING CHANGES  FOR  ONLINE  GROCERY  DELIVERY
 SERVICES. 1. AS OF THE EFFECTIVE DATE OF THIS SECTION, GROCERY RETAILERS
 AND SERVICE PROVIDERS THAT OFFER THE DELIVERY OF GROCERIES SHALL CLEARLY
 AND  CONSPICUOUSLY  STATE  ANY PRICE MARK-UP ON ANY PRODUCT THAT IS ALSO
 OFFERED IN-STORE. THE MARK-UP SHALL  BE  DISCLOSED  ON  THE  WEBSITE  OR
 MOBILE APPLICATION PAGE FOR EACH PRODUCT. IF THE GROCERY RETAILER CHARG-
 ES  A  GENERAL MARK-UP FOR ALL DELIVERED GROCERIES NOT DIFFERENTIATED BY
 PRODUCT, IT SHALL CLEARLY AND CONSPICUOUSLY STATE THE MARKUP  PERCENTAGE
 OR AMOUNT ON THE FRONT PAGE OF ITS WEBSITE AND/OR MOBILE APPLICATION.
   2.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE AN
 OFFENSE PUNISHABLE BY A FINE OF NOT MORE THAN ONE  HUNDRED  DOLLARS  FOR
 THE  FIRST  OFFENSE  AND  NOT  MORE THAN TWO HUNDRED FIFTY DOLLARS FOR A
 SECOND OR SUBSEQUENT OFFENSE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14324-01-4

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Senate Bill S9277

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2023-S9277 (ACTIVE) - Details

2023-S9277 (ACTIVE) - Summary

2023-S9277 (ACTIVE) - Sponsor Memo

2023-S9277 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9277

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Sponsored By

James Skoufis

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2023-S9277 (ACTIVE) - Details

2023-S9277 (ACTIVE) - Summary

2023-S9277 (ACTIVE) - Sponsor Memo

2023-S9277 (ACTIVE) - Bill Text download pdf

Comments