S 4433: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 4433 2025-2026 Regular Sessions  IN SENATE February 4, 2025 ___________ 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 and online pick-up services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new article 2 38-C to read as follows: 3 ARTICLE 38-C 4 ONLINE SALE OF GROCERIES 5 Section 840. Definitions. 6 841. Disclosure of pricing changes for online grocery delivery 7 and online pick-up services. 8 § 840. Definitions. As used in this article, the following terms shall 9 have the following meanings: 10 (a)"Grocery store" or "food retailer" shall mean a supermarket, 11 grocery store or other retailer that operates on a self-service basis 12 and sell a minimum percentage, as determined by the secretary of state, 13 of produce, meat, poultry, seafood, baked goods and/or dairy products. 14 (b) "Third-party delivery platform" shall mean any website, mobile 15 application or other internet service that offers or arranges the sale, 16 purchase, delivery or pickup of any products from a grocery store or 17 food retailer online. 18 § 841. Disclosure of pricing changes for online grocery delivery and 19 online pick-up services. 1. Any grocery store, food retailer, or third- 20 party delivery platform shall clearly and conspicuously state any 21 difference in the price of a product being purchased or ordered online 22 relative to the price of the product when it is purchased or offered 23 in-store on the day of the online order. The difference in purchase 24 price for each product shall be disclosed on the website or mobile EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01303-02-5 
 S. 4433 2 1 application page and at the time of the online order or purchase. If the 2 grocery store, food retailer, or the third-party delivery platform 3 charges an increased price for all such groceries offered online, not 4 differentiated by product, it shall clearly and conspicuously state the 5 percentage or amount of the increase on the front page of its website 6 and/or mobile application. 7 2. In addition to any other penalties provided by law, a violation of 8 the provisions of this section shall constitute an offense punishable by 9 a fine of not more than one hundred dollars for the first offense and 10 not more than two hundred fifty dollars for a second or each subsequent 11 offense. 12 3. The secretary of state shall promulgate such rules and regulations 13 as are necessary and appropriate to carry out the provisions of this 14 section. 15 § 2. This act shall take effect on the ninetieth day after it shall 16 have become a law. Effective immediately, the addition, amendment and/or 17 repeal of any rule or regulation necessary for the implementation of 18 this act on its effective date are authorized to be made and completed 19 on or before such effective date.