NY S08616: Prohibits the use of electronic shelving labels, digital shelf display technology, and personalized algorithmic pricing in food retail establishments…

In one paragraph

New York's S 8616-B, the Protecting Consumers and Jobs from Discriminatory Pricing Act, would add General Business Law § 349-a-1. Food and drug retail establishments could not use electronic shelving labels or digital shelf displays, could not engage in surveillance pricing (pricing set completely or in part by an algorithm that uses personal data), and could not use protected class data in pricing. The Attorney General could seek penalties up to $10,000 per violation. Passed the Senate May 13, 2026 and, as amended, June 4, 2026 (50-10); on June 5 the Assembly substituted it for A9396-B on its third-reading calendar. No Assembly vote is shown.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

None yet: the bill is pending. If enacted, food and drug retailers in the state would have to remove digital shelf labels and stop surveillance pricing, with Attorney General penalties of up to $10,000 per violation.

Key provisions

1. 1Food and drug retail establishments must not use electronic shelving labels or digital shelf display technology and must use a non-digital presentation of price
2. 2No surveillance pricing; bona fide discounts and bona fide custom discounts (including loyalty programs, self-identified groups and, subject to conditions, prior purchase history) remain allowed
3. 3Food retail establishment: over 10,000 square feet and selling primarily household foodstuff (or over 85,000 square feet with 10% of sales floor area devoted to non-taxable food-type merchandise)
4. 4Must stop processing and delete a minor's data under 17 once the establishment has actual knowledge, and may not use protected class data to withhold or differ prices
5. 5A price changed more than once in 24 hours requires clear disclosure of dynamic pricing, how often prices may change and the conditions driving the current price
6. 6Attorney General may seek an injunction without proof of injury and a civil penalty up to $10,000 per violation (each day separate); municipal officials may also enforce; no private right of action in version B
7. 7Exempts licensed insurers, pricing required or expressly authorized by law and creditworthiness-based pricing under the FCRA; takes effect on the 180th day after becoming law; same as A9396-B; June 5, 2026 Assembly action: ordered to third reading Rules Cal. 545, S8616-B substituted for A9396-B

Latest legislative action

Jun 5, 2026. ORDERED TO THIRD READING RULES CAL.545

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