WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
subd. 1(a)–(l) For purposes of this section, the following terms have the meanings given. (b) "Biometric dataBiometric data"Biometric data" means: (1) data generated by automatic measurements, including data gathered through the use of facial recognition technology; or (2) other representations of the biological characteristics of a consumer, including: (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) gait; and (v) other unique biological patterns.Minn. Stat. § 325D.141, subd. 1(b)" means: (1) data generated by automatic measurements, including data gathered through the use of facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that facilitates or otherwise enables an automated or semiautomated process that: (1) assists in identifying a consumer based on the physical characteristics of a consumer's face; or (2) logs characteristics of a consumer's face, head, or body to infer a consumer's emotion, associations, activities, or location.Minn. Stat. § 325D.141, subd. 1(f); or (2) other representations of the biological characteristics of a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c), including: (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) gait; and (v) other unique biological patterns. (c) "ConsumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)" means an individual purchasing an itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g) primarily for personal, family, or household purposes. (d) "Electronic shelf labelElectronic shelf label"Electronic shelf label" means an electronic and wireless paper display or digital price tag that presents item and pricing information.Minn. Stat. § 325D.141, subd. 1(d)" means an electronic and wireless paper display or digital pricePrice"Price" means the amount charged to a consumer in relation to a transaction, including a related cost, fee, or other material term of the transaction that has a direct bearing on the amount the consumer pays for the item sold or offered for sale.Minn. Stat. § 325D.141, subd. 1(j) tag that presents itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g) and pricing information. (e) "Electronic surveillance technologyElectronic surveillance technology"Electronic surveillance technology" means a technological method, system, or other surveillance tool used to observe, monitor, or collect information related to a consumer. Electronic surveillance technology includes sensors, cameras, device tracking, biometric monitoring, facial recognition technology, or other forms of observation or data collection that are capable of gathering personal information about a consumer.Minn. Stat. § 325D.141, subd. 1(e)" means a technological method, system, or other surveillance tool used to observe, monitor, or collect information related to a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c). Electronic surveillance technologyElectronic surveillance technology"Electronic surveillance technology" means a technological method, system, or other surveillance tool used to observe, monitor, or collect information related to a consumer. Electronic surveillance technology includes sensors, cameras, device tracking, biometric monitoring, facial recognition technology, or other forms of observation or data collection that are capable of gathering personal information about a consumer.Minn. Stat. § 325D.141, subd. 1(e) includes sensors, cameras, device tracking, biometric monitoring, facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that facilitates or otherwise enables an automated or semiautomated process that: (1) assists in identifying a consumer based on the physical characteristics of a consumer's face; or (2) logs characteristics of a consumer's face, head, or body to infer a consumer's emotion, associations, activities, or location.Minn. Stat. § 325D.141, subd. 1(f), or other forms of observation or data collection that are capable of gathering personal informationPersonal information"Personal information" means a consumer's quality, feature, attribute, or trait that is reasonably capable of being directly or indirectly associated with, or could be reasonably linked to, a particular consumer or a particular consumer's household, including: (1) an immutable characteristic, including race and eye color; (2) a mutable characteristic, including address, weight, citizenship, and family or parental status; (3) identifiers, including a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifier; (4) commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (5) biometric data; (6) Internet or other electronic network activity information, including browsing history, search history, or other information regarding a consumer's interaction with a website, application, or advertisement; (7) geolocation data; (8) audio, electronic, visual, thermal, olfactory, and other similar information; (9) professional or employment-related information; (10) educational information, including educational experience, qualifications, and affiliations; (11) inferences drawn from information described in this paragraph and used to create a consumer profile that reflects the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; (12) interests, including a consumer's political, personal, and professional affiliations; (13) financial circumstances, including personal or household wealth, income, property, debt, or credit history; or (14) a consumer's actions, habits, behaviors, and attributes, whether in a physical or digital environment.Minn. Stat. § 325D.141, subd. 1(i) about a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c). (f) "Facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that facilitates or otherwise enables an automated or semiautomated process that: (1) assists in identifying a consumer based on the physical characteristics of a consumer's face; or (2) logs characteristics of a consumer's face, head, or body to infer a consumer's emotion, associations, activities, or location.Minn. Stat. § 325D.141, subd. 1(f)" means technology that facilitates or otherwise enables an automated or semiautomated process that: (1) assists in identifying a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) based on the physical characteristics of a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s face; or (2) logs characteristics of a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s face, head, or body to infer a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s emotion, associations, activities, or location. (g) "ItemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g)" means a specific and distinct product, good, or commodity available for sale. (h) "Nondigital presentation of priceNondigital presentation of price"Nondigital presentation of price" means: (1) a sign that offers the unit price for one or more brands or sizes of a given item; (2) a sticker, stamp, sign, label, or tag affixed to the shelf upon which the item is displayed; or (3) a sticker, stamp, sign, label, or tag affixed to the item.Minn. Stat. § 325D.141, subd. 1(h)" means: (1) a sign that offers the unit pricePrice"Price" means the amount charged to a consumer in relation to a transaction, including a related cost, fee, or other material term of the transaction that has a direct bearing on the amount the consumer pays for the item sold or offered for sale.Minn. Stat. § 325D.141, subd. 1(j) for one or more brands or sizes of a given itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g); (2) a sticker, stamp, sign, label, or tag affixed to the shelf upon which the itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g) is displayed; or (3) a sticker, stamp, sign, label, or tag affixed to the itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g). (i) "Personal informationPersonal information"Personal information" means a consumer's quality, feature, attribute, or trait that is reasonably capable of being directly or indirectly associated with, or could be reasonably linked to, a particular consumer or a particular consumer's household, including: (1) an immutable characteristic, including race and eye color; (2) a mutable characteristic, including address, weight, citizenship, and family or parental status; (3) identifiers, including a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifier; (4) commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (5) biometric data; (6) Internet or other electronic network activity information, including browsing history, search history, or other information regarding a consumer's interaction with a website, application, or advertisement; (7) geolocation data; (8) audio, electronic, visual, thermal, olfactory, and other similar information; (9) professional or employment-related information; (10) educational information, including educational experience, qualifications, and affiliations; (11) inferences drawn from information described in this paragraph and used to create a consumer profile that reflects the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; (12) interests, including a consumer's political, personal, and professional affiliations; (13) financial circumstances, including personal or household wealth, income, property, debt, or credit history; or (14) a consumer's actions, habits, behaviors, and attributes, whether in a physical or digital environment.Minn. Stat. § 325D.141, subd. 1(i)" means a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s quality, feature, attribute, or trait that is reasonably capable of being directly or indirectly associated with, or could be reasonably linked to, a particular consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) or a particular consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s household, including: (1) an immutable characteristic, including race and eye color; (2) a mutable characteristic, including address, weight, citizenship, and family or parental status; (3) identifiers, including a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifier; (4) commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (5) biometric dataBiometric data"Biometric data" means: (1) data generated by automatic measurements, including data gathered through the use of facial recognition technology; or (2) other representations of the biological characteristics of a consumer, including: (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) gait; and (v) other unique biological patterns.Minn. Stat. § 325D.141, subd. 1(b); (6) Internet or other electronic network activity information, including browsing history, search history, or other information regarding a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s interaction with a website, application, or advertisement; (7) geolocation data; (8) audio, electronic, visual, thermal, olfactory, and other similar information; (9) professional or employment-related information; (10) educational information, including educational experience, qualifications, and affiliations; (11) inferences drawn from information described in this paragraph and used to create a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) profile that reflects the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; (12) interests, including a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s political, personal, and professional affiliations; (13) financial circumstances, including personal or household wealth, income, property, debt, or credit history; or (14) a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s actions, habits, behaviors, and attributes, whether in a physical or digital environment. (j) "PricePrice"Price" means the amount charged to a consumer in relation to a transaction, including a related cost, fee, or other material term of the transaction that has a direct bearing on the amount the consumer pays for the item sold or offered for sale.Minn. Stat. § 325D.141, subd. 1(j)" means the amount charged to a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) in relation to a transaction, including a related cost, fee, or other material term of the transaction that has a direct bearing on the amount the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) pays for the itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g) sold or offered for sale. (k) "Retail food storeRetail food store"Retail food store" means a store that offers food for sale to the public, not including sales completed online.Minn. Stat. § 325D.141, subd. 1(k)" means a store that offers food for sale to the public, not including sales completed online. (l) "Surveillance-based price settingSurveillance-based price setting"Surveillance-based price setting" means offering, setting, or informing a customized price for an item for a specific consumer or group of consumers based, in whole or in part, on personal information collected using electronic surveillance technology, including information gathered, purchased, or otherwise acquired.Minn. Stat. § 325D.141, subd. 1(l)" means offering, setting, or informing a customized pricePrice"Price" means the amount charged to a consumer in relation to a transaction, including a related cost, fee, or other material term of the transaction that has a direct bearing on the amount the consumer pays for the item sold or offered for sale.Minn. Stat. § 325D.141, subd. 1(j) for an itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g) for a specific consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) or group of consumersConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) based, in whole or in part, on personal informationPersonal information"Personal information" means a consumer's quality, feature, attribute, or trait that is reasonably capable of being directly or indirectly associated with, or could be reasonably linked to, a particular consumer or a particular consumer's household, including: (1) an immutable characteristic, including race and eye color; (2) a mutable characteristic, including address, weight, citizenship, and family or parental status; (3) identifiers, including a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifier; (4) commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (5) biometric data; (6) Internet or other electronic network activity information, including browsing history, search history, or other information regarding a consumer's interaction with a website, application, or advertisement; (7) geolocation data; (8) audio, electronic, visual, thermal, olfactory, and other similar information; (9) professional or employment-related information; (10) educational information, including educational experience, qualifications, and affiliations; (11) inferences drawn from information described in this paragraph and used to create a consumer profile that reflects the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; (12) interests, including a consumer's political, personal, and professional affiliations; (13) financial circumstances, including personal or household wealth, income, property, debt, or credit history; or (14) a consumer's actions, habits, behaviors, and attributes, whether in a physical or digital environment.Minn. Stat. § 325D.141, subd. 1(i) collected using electronic surveillance technologyElectronic surveillance technology"Electronic surveillance technology" means a technological method, system, or other surveillance tool used to observe, monitor, or collect information related to a consumer. Electronic surveillance technology includes sensors, cameras, device tracking, biometric monitoring, facial recognition technology, or other forms of observation or data collection that are capable of gathering personal information about a consumer.Minn. Stat. § 325D.141, subd. 1(e), including information gathered, purchased, or otherwise acquired.
Subdivision 1 defines twelve terms that control the scope of the bill. The definition of electronic surveillance technology is notably broad, encompassing sensors, cameras, device tracking, biometric monitoring, facial recognition technology, and any other form of observation or data collection capable of gathering personal information about a consumer. The definition of personal information is similarly expansive, including not only identifiers and biometric data but also inferences drawn from collected data used to build consumer profiles. The bill's scope is limited to retail food stores, defined as stores that offer food for sale to the public, expressly excluding online sales.
(a)(1)–(2) 1 A retail food storeRetail food store"Retail food store" means a store that offers food for sale to the public, not including sales completed online.Minn. Stat. § 325D.141, subd. 1(k) is prohibited from engaging in surveillance-based price settingSurveillance-based price setting"Surveillance-based price setting" means offering, setting, or informing a customized price for an item for a specific consumer or group of consumers based, in whole or in part, on personal information collected using electronic surveillance technology, including information gathered, purchased, or otherwise acquired.Minn. Stat. § 325D.141, subd. 1(l), including by: (1) directly or indirectly offering or adjusting the price of an itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g) for a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) for the same or a substantially similar product or service based on the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s personal informationPersonal information"Personal information" means a consumer's quality, feature, attribute, or trait that is reasonably capable of being directly or indirectly associated with, or could be reasonably linked to, a particular consumer or a particular consumer's household, including: (1) an immutable characteristic, including race and eye color; (2) a mutable characteristic, including address, weight, citizenship, and family or parental status; (3) identifiers, including a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifier; (4) commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (5) biometric data; (6) Internet or other electronic network activity information, including browsing history, search history, or other information regarding a consumer's interaction with a website, application, or advertisement; (7) geolocation data; (8) audio, electronic, visual, thermal, olfactory, and other similar information; (9) professional or employment-related information; (10) educational information, including educational experience, qualifications, and affiliations; (11) inferences drawn from information described in this paragraph and used to create a consumer profile that reflects the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; (12) interests, including a consumer's political, personal, and professional affiliations; (13) financial circumstances, including personal or household wealth, income, property, debt, or credit history; or (14) a consumer's actions, habits, behaviors, and attributes, whether in a physical or digital environment.Minn. Stat. § 325D.141, subd. 1(i), including personal informationPersonal information"Personal information" means a consumer's quality, feature, attribute, or trait that is reasonably capable of being directly or indirectly associated with, or could be reasonably linked to, a particular consumer or a particular consumer's household, including: (1) an immutable characteristic, including race and eye color; (2) a mutable characteristic, including address, weight, citizenship, and family or parental status; (3) identifiers, including a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifier; (4) commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (5) biometric data; (6) Internet or other electronic network activity information, including browsing history, search history, or other information regarding a consumer's interaction with a website, application, or advertisement; (7) geolocation data; (8) audio, electronic, visual, thermal, olfactory, and other similar information; (9) professional or employment-related information; (10) educational information, including educational experience, qualifications, and affiliations; (11) inferences drawn from information described in this paragraph and used to create a consumer profile that reflects the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; (12) interests, including a consumer's political, personal, and professional affiliations; (13) financial circumstances, including personal or household wealth, income, property, debt, or credit history; or (14) a consumer's actions, habits, behaviors, and attributes, whether in a physical or digital environment.Minn. Stat. § 325D.141, subd. 1(i) collected using facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that facilitates or otherwise enables an automated or semiautomated process that: (1) assists in identifying a consumer based on the physical characteristics of a consumer's face; or (2) logs characteristics of a consumer's face, head, or body to infer a consumer's emotion, associations, activities, or location.Minn. Stat. § 325D.141, subd. 1(f); or (2) using an electronic shelf labelElectronic shelf label"Electronic shelf label" means an electronic and wireless paper display or digital price tag that presents item and pricing information.Minn. Stat. § 325D.141, subd. 1(d) to change the price of an itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g) for a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) based on the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s personal informationPersonal information"Personal information" means a consumer's quality, feature, attribute, or trait that is reasonably capable of being directly or indirectly associated with, or could be reasonably linked to, a particular consumer or a particular consumer's household, including: (1) an immutable characteristic, including race and eye color; (2) a mutable characteristic, including address, weight, citizenship, and family or parental status; (3) identifiers, including a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifier; (4) commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (5) biometric data; (6) Internet or other electronic network activity information, including browsing history, search history, or other information regarding a consumer's interaction with a website, application, or advertisement; (7) geolocation data; (8) audio, electronic, visual, thermal, olfactory, and other similar information; (9) professional or employment-related information; (10) educational information, including educational experience, qualifications, and affiliations; (11) inferences drawn from information described in this paragraph and used to create a consumer profile that reflects the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; (12) interests, including a consumer's political, personal, and professional affiliations; (13) financial circumstances, including personal or household wealth, income, property, debt, or credit history; or (14) a consumer's actions, habits, behaviors, and attributes, whether in a physical or digital environment.Minn. Stat. § 325D.141, subd. 1(i).
(b)(1)–(5) 1 A retail food storeRetail food store"Retail food store" means a store that offers food for sale to the public, not including sales completed online.Minn. Stat. § 325D.141, subd. 1(k) does not engage in surveillance-based price settingSurveillance-based price setting"Surveillance-based price setting" means offering, setting, or informing a customized price for an item for a specific consumer or group of consumers based, in whole or in part, on personal information collected using electronic surveillance technology, including information gathered, purchased, or otherwise acquired.Minn. Stat. § 325D.141, subd. 1(l) in violation of paragraph (a) if the retail food storeRetail food store"Retail food store" means a store that offers food for sale to the public, not including sales completed online.Minn. Stat. § 325D.141, subd. 1(k) demonstrates that: (1) a difference in an itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g)'s pricePrice"Price" means the amount charged to a consumer in relation to a transaction, including a related cost, fee, or other material term of the transaction that has a direct bearing on the amount the consumer pays for the item sold or offered for sale.Minn. Stat. § 325D.141, subd. 1(j) is based solely on reasonable costs associated with providing the itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g) to different consumersConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c); (2) an itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g) is offered at a discounted pricePrice"Price" means the amount charged to a consumer in relation to a transaction, including a related cost, fee, or other material term of the transaction that has a direct bearing on the amount the consumer pays for the item sold or offered for sale.Minn. Stat. § 325D.141, subd. 1(j) to members of a particular group that relates to occupation, age, military service, student status, or other group based on publicly disclosed eligibility criteria; (3) a discount or reward with respect to an itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g) is offered uniformly to all consumersConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) who meet the disclosed eligibility criteria; (4) personal informationPersonal information"Personal information" means a consumer's quality, feature, attribute, or trait that is reasonably capable of being directly or indirectly associated with, or could be reasonably linked to, a particular consumer or a particular consumer's household, including: (1) an immutable characteristic, including race and eye color; (2) a mutable characteristic, including address, weight, citizenship, and family or parental status; (3) identifiers, including a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifier; (4) commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (5) biometric data; (6) Internet or other electronic network activity information, including browsing history, search history, or other information regarding a consumer's interaction with a website, application, or advertisement; (7) geolocation data; (8) audio, electronic, visual, thermal, olfactory, and other similar information; (9) professional or employment-related information; (10) educational information, including educational experience, qualifications, and affiliations; (11) inferences drawn from information described in this paragraph and used to create a consumer profile that reflects the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; (12) interests, including a consumer's political, personal, and professional affiliations; (13) financial circumstances, including personal or household wealth, income, property, debt, or credit history; or (14) a consumer's actions, habits, behaviors, and attributes, whether in a physical or digital environment.Minn. Stat. § 325D.141, subd. 1(i) is used solely to offer or administer the discount or reward and is not used for any other purpose, including targeted advertising and surveillance-based price settingSurveillance-based price setting"Surveillance-based price setting" means offering, setting, or informing a customized price for an item for a specific consumer or group of consumers based, in whole or in part, on personal information collected using electronic surveillance technology, including information gathered, purchased, or otherwise acquired.Minn. Stat. § 325D.141, subd. 1(l); and (5) a discount is bona fide and offered to each consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) who affirmatively and knowingly enrolls in a loyalty program.
(c)(1)–(2) 2 Notwithstanding paragraph (a), a retail food storeRetail food store"Retail food store" means a store that offers food for sale to the public, not including sales completed online.Minn. Stat. § 325D.141, subd. 1(k) may use a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s biometric dataBiometric data"Biometric data" means: (1) data generated by automatic measurements, including data gathered through the use of facial recognition technology; or (2) other representations of the biological characteristics of a consumer, including: (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) gait; and (v) other unique biological patterns.Minn. Stat. § 325D.141, subd. 1(b) if: (1) the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) voluntarily verifies the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s identity by providing biometric dataBiometric data"Biometric data" means: (1) data generated by automatic measurements, including data gathered through the use of facial recognition technology; or (2) other representations of the biological characteristics of a consumer, including: (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) gait; and (v) other unique biological patterns.Minn. Stat. § 325D.141, subd. 1(b); and (2) the retail food storeRetail food store"Retail food store" means a store that offers food for sale to the public, not including sales completed online.Minn. Stat. § 325D.141, subd. 1(k): (i) informs the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) or the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s legally authorized representative in writing that biometric dataBiometric data"Biometric data" means: (1) data generated by automatic measurements, including data gathered through the use of facial recognition technology; or (2) other representations of the biological characteristics of a consumer, including: (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) gait; and (v) other unique biological patterns.Minn. Stat. § 325D.141, subd. 1(b) is being collected, stored, or used by the retail food storeRetail food store"Retail food store" means a store that offers food for sale to the public, not including sales completed online.Minn. Stat. § 325D.141, subd. 1(k); (ii) informs the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) or the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s legally authorized representative in writing of the specific purpose and length of term for which biometric dataBiometric data"Biometric data" means: (1) data generated by automatic measurements, including data gathered through the use of facial recognition technology; or (2) other representations of the biological characteristics of a consumer, including: (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) gait; and (v) other unique biological patterns.Minn. Stat. § 325D.141, subd. 1(b) is being collected, stored, and used; (iii) informs the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) or the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s legally authorized representative in writing of the specific circumstances under which biometric dataBiometric data"Biometric data" means: (1) data generated by automatic measurements, including data gathered through the use of facial recognition technology; or (2) other representations of the biological characteristics of a consumer, including: (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) gait; and (v) other unique biological patterns.Minn. Stat. § 325D.141, subd. 1(b) is shared with law enforcement; (iv) receives a written release, executed by the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c) or the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s legally authorized representative, authorizing the retail food storeRetail food store"Retail food store" means a store that offers food for sale to the public, not including sales completed online.Minn. Stat. § 325D.141, subd. 1(k) to collect, store, or use the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s biometric dataBiometric data"Biometric data" means: (1) data generated by automatic measurements, including data gathered through the use of facial recognition technology; or (2) other representations of the biological characteristics of a consumer, including: (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) gait; and (v) other unique biological patterns.Minn. Stat. § 325D.141, subd. 1(b); and (v) does not sell biometric dataBiometric data"Biometric data" means: (1) data generated by automatic measurements, including data gathered through the use of facial recognition technology; or (2) other representations of the biological characteristics of a consumer, including: (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) gait; and (v) other unique biological patterns.Minn. Stat. § 325D.141, subd. 1(b) to, or share biometric dataBiometric data"Biometric data" means: (1) data generated by automatic measurements, including data gathered through the use of facial recognition technology; or (2) other representations of the biological characteristics of a consumer, including: (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) gait; and (v) other unique biological patterns.Minn. Stat. § 325D.141, subd. 1(b) with, a third party.
(d) Nothing in this subdivision prohibits a retail food storeRetail food store"Retail food store" means a store that offers food for sale to the public, not including sales completed online.Minn. Stat. § 325D.141, subd. 1(k) from providing a consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c), based on the consumerConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c)'s purchase history, a discounted or promotional pricePrice"Price" means the amount charged to a consumer in relation to a transaction, including a related cost, fee, or other material term of the transaction that has a direct bearing on the amount the consumer pays for the item sold or offered for sale.Minn. Stat. § 325D.141, subd. 1(j) in accordance with the conditions in paragraph (b).
Subdivision 2 contains the bill's core prohibition: retail food stores may not engage in surveillance-based price setting. The prohibition is articulated in two forms — directly or indirectly adjusting prices based on personal information (including via facial recognition technology), and using electronic shelf labels to change prices based on personal information. The safe harbor in paragraph (b) permits price differentiation only where all five enumerated conditions are met simultaneously, including that the discount is offered through a bona fide loyalty program with affirmative, knowing enrollment and personal information is used solely to administer the program.
Paragraph (c) carves out a narrow exception permitting biometric data use for voluntary identity verification, conditioned on written notice and consent requirements closely modeled on Illinois BIPA — including disclosure of collection purpose, retention period, law enforcement sharing circumstances, and a prohibition on selling or sharing biometric data with third parties. Paragraph (d) is a savings clause clarifying that purchase-history-based discounts remain permissible if they comply with the paragraph (b) conditions.
subd. 3 3 A retail food storeRetail food store"Retail food store" means a store that offers food for sale to the public, not including sales completed online.Minn. Stat. § 325D.141, subd. 1(k) that uses facial recognition technologyFacial recognition technology"Facial recognition technology" means technology that facilitates or otherwise enables an automated or semiautomated process that: (1) assists in identifying a consumer based on the physical characteristics of a consumer's face; or (2) logs characteristics of a consumer's face, head, or body to infer a consumer's emotion, associations, activities, or location.Minn. Stat. § 325D.141, subd. 1(f) must notify consumersConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c), in plain and simple language, regarding the technology's intended purpose and use through clear and conspicuous signage placed at the retail food storeRetail food store"Retail food store" means a store that offers food for sale to the public, not including sales completed online.Minn. Stat. § 325D.141, subd. 1(k)'s main entrance.
Subdivision 3 requires any retail food store that uses facial recognition technology to notify consumers of the technology's intended purpose and use through clear and conspicuous signage at the store's main entrance. This is a standalone disclosure obligation that applies regardless of whether the store engages in surveillance-based price setting — the trigger is simply using facial recognition technology in any capacity.
subd. 4(1)–(2) 4 A retail food storeRetail food store"Retail food store" means a store that offers food for sale to the public, not including sales completed online.Minn. Stat. § 325D.141, subd. 1(k) larger than 10,000 square feet: (1) is prohibited from using an electronic shelf labelElectronic shelf label"Electronic shelf label" means an electronic and wireless paper display or digital price tag that presents item and pricing information.Minn. Stat. § 325D.141, subd. 1(d) or digital shelf display technology unless the pricesPrice"Price" means the amount charged to a consumer in relation to a transaction, including a related cost, fee, or other material term of the transaction that has a direct bearing on the amount the consumer pays for the item sold or offered for sale.Minn. Stat. § 325D.141, subd. 1(j) are changed only once per day at a specific time that is disclosed to all consumersConsumer"Consumer" means an individual purchasing an item primarily for personal, family, or household purposes.Minn. Stat. § 325D.141, subd. 1(c); and (2) must use a nondigital presentation for the price of each itemItem"Item" means a specific and distinct product, good, or commodity available for sale.Minn. Stat. § 325D.141, subd. 1(g).
Subdivision 4 applies only to retail food stores larger than 10,000 square feet and imposes two requirements: electronic shelf labels or digital shelf display technology may only be used if prices are changed no more than once per day at a specific disclosed time, and the store must also use a nondigital presentation for the price of each item. This provision addresses the concern that dynamic digital pricing infrastructure could facilitate real-time surveillance-based price adjustments, but the restriction applies regardless of whether the store uses surveillance technology — it is a blanket operational constraint on electronic pricing displays.