S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1096--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of A. MAGNARELLI, HEVESI, EPSTEIN, ZINERMAN, RAGA --
   Multi-Sponsored by -- M. of A. DAVILA -- read once and referred to the
   Committee on Consumer Affairs and Protection -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee

 AN ACT to amend the general business law, in relation to the  disclosure
   of  pricing  changes  for  online  grocery delivery and online pick-up
   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 article
 38-C to read as follows:
                                ARTICLE 38-C
                         ONLINE SALE OF GROCERIES
 SECTION 840. DEFINITIONS.
         841. DISCLOSURE  OF  PRICING CHANGES FOR ONLINE GROCERY DELIVERY
                AND ONLINE PICK-UP SERVICES.
   § 840. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)"GROCERY STORE"  OR  "FOOD  RETAILER"  SHALL  MEAN  A  SUPERMARKET,
 GROCERY  STORE  OR  OTHER RETAILER THAT OPERATES ON A SELF-SERVICE BASIS
 AND SELL A MINIMUM PERCENTAGE, AS DETERMINED BY THE SECRETARY OF  STATE,
 OF PRODUCE, MEAT, POULTRY, SEAFOOD, BAKED GOODS AND/OR DAIRY PRODUCTS.
   (B)  "THIRD-PARTY  DELIVERY  PLATFORM"  SHALL MEAN ANY WEBSITE, MOBILE
 APPLICATION OR OTHER INTERNET SERVICE THAT OFFERS OR ARRANGES THE  SALE,
 PURCHASE,  DELIVERY  OR  PICKUP  OF ANY PRODUCTS FROM A GROCERY STORE OR
 FOOD RETAILER ONLINE.
   § 841. DISCLOSURE OF PRICING CHANGES FOR ONLINE GROCERY  DELIVERY  AND
 ONLINE  PICK-UP SERVICES. 1. ANY GROCERY STORE, FOOD RETAILER, OR THIRD-
 PARTY DELIVERY  PLATFORM  SHALL  CLEARLY  AND  CONSPICUOUSLY  STATE  ANY
 DIFFERENCE  IN  THE PRICE OF A PRODUCT BEING PURCHASED OR ORDERED ONLINE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01303-03-5
              

 A. 1096--A                          2
 
 RELATIVE TO THE PRICE OF THE PRODUCT WHEN IT  IS  PURCHASED  OR  OFFERED
 IN-STORE  ON  THE  DAY  OF  THE ONLINE ORDER. THE DIFFERENCE IN PURCHASE
 PRICE FOR EACH PRODUCT SHALL BE  DISCLOSED  ON  THE  WEBSITE  OR  MOBILE
 APPLICATION PAGE AND AT THE TIME OF THE ONLINE ORDER OR PURCHASE. IF THE
 GROCERY  STORE,  FOOD  RETAILER,  OR  THE  THIRD-PARTY DELIVERY PLATFORM
 CHARGES AN INCREASED PRICE FOR ALL SUCH GROCERIES  OFFERED  ONLINE,  NOT
 DIFFERENTIATED  BY PRODUCT, IT SHALL CLEARLY AND CONSPICUOUSLY STATE THE
 PERCENTAGE OR AMOUNT OF THE INCREASE ON THE FRONT PAGE  OF  ITS  WEBSITE
 AND/OR MOBILE APPLICATION.
   2.  IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW, 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 EACH SUBSEQUENT
 OFFENSE.
   3. THE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES AND  REGULATIONS
 AS  ARE  NECESSARY  AND  APPROPRIATE TO CARRY OUT THE PROVISIONS OF THIS
 SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.