WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
As used in this act: "ConsumerConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffsGroceries and other foodstuffs"Groceries and other foodstuffs" means dairy products, meat and delicatessen products, produce products, seafood products, carbonated beverages, coffee and other beverages, snack foods, candy products, baked products, paper products, household cleaning items, health and beauty products, frozen foods, pet foods and supplies, and any other edible product not previously listed.Section 1 for personal, family, or household use. "Dynamic pricingDynamic pricing"Dynamic pricing" means a pricing strategy that fluctuates the sale price of groceries and other foodstuffs under conditions where algorithmic or artificial intelligence models retrain or recalibrate information in near real-time or a short period of time. "Dynamic pricing" shall not include promotional pricing offers, loyalty program benefits, or other temporary discounts or changes to pricing related to retention of existing customers.Section 1" means a pricing strategy that fluctuates the sale price of groceries and other foodstuffsGroceries and other foodstuffs"Groceries and other foodstuffs" means dairy products, meat and delicatessen products, produce products, seafood products, carbonated beverages, coffee and other beverages, snack foods, candy products, baked products, paper products, household cleaning items, health and beauty products, frozen foods, pet foods and supplies, and any other edible product not previously listed.Section 1 under conditions where algorithmic or artificial intelligence models retrain or recalibrate information in near real-time or a short period of time. "Dynamic pricingDynamic pricing"Dynamic pricing" means a pricing strategy that fluctuates the sale price of groceries and other foodstuffs under conditions where algorithmic or artificial intelligence models retrain or recalibrate information in near real-time or a short period of time. "Dynamic pricing" shall not include promotional pricing offers, loyalty program benefits, or other temporary discounts or changes to pricing related to retention of existing customers.Section 1" shall not include promotional pricing offers, loyalty program benefits, or other temporary discounts or changes to pricing related to retention of existing customers. "Groceries and other foodstuffsGroceries and other foodstuffs"Groceries and other foodstuffs" means dairy products, meat and delicatessen products, produce products, seafood products, carbonated beverages, coffee and other beverages, snack foods, candy products, baked products, paper products, household cleaning items, health and beauty products, frozen foods, pet foods and supplies, and any other edible product not previously listed.Section 1" means dairy products, meat and delicatessen products, produce products, seafood products, carbonated beverages, coffee and other beverages, snack foods, candy products, baked products, paper products, household cleaning items, health and beauty products, frozen foods, pet foods and supplies, and any other edible product not previously listed. "Personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means a pricing strategy that uses dynamic pricing and surveillance pricing derived from, or set by, an algorithm using consumer data, excluding consumer location data, that identifies, or could reasonably be linked to, a specific consumer or the consumer's electronic device, and that results in price variation for individual consumers or groups of consumers.Section 1" means a pricing strategy that uses dynamic pricingDynamic pricing"Dynamic pricing" means a pricing strategy that fluctuates the sale price of groceries and other foodstuffs under conditions where algorithmic or artificial intelligence models retrain or recalibrate information in near real-time or a short period of time. "Dynamic pricing" shall not include promotional pricing offers, loyalty program benefits, or other temporary discounts or changes to pricing related to retention of existing customers.Section 1 and surveillance pricingSurveillance pricing"Surveillance pricing" means a pricing strategy that is used to offer or set a customized sale price for groceries or other foodstuffs for a specific consumer or group of consumers based, in whole or in part, on information collected through electronic surveillance technology. "Surveillance pricing" shall include the use of technological methods, systems, or tools including, but not limited to, sensors, cameras, device tracking, biometric monitoring, and other forms of observation or data collection, capable of gathering information about a consumer's behavior, characteristics, location, or other personal attributes.Section 1 derived from, or set by, an algorithm using consumerConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1 data, excluding consumerConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1 location data, that identifies, or could reasonably be linked to, a specific consumerConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1 or the consumerConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1's electronic device, and that results in price variation for individual consumersConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1 or groups of consumersConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1. "Retail food storeRetail food store"Retail food store" means any retail establishment where groceries and other foodstuffs are regularly and customarily sold in a bona fide manner for off-premises consumption.Section 1" means any retail establishment where groceries and other foodstuffsGroceries and other foodstuffs"Groceries and other foodstuffs" means dairy products, meat and delicatessen products, produce products, seafood products, carbonated beverages, coffee and other beverages, snack foods, candy products, baked products, paper products, household cleaning items, health and beauty products, frozen foods, pet foods and supplies, and any other edible product not previously listed.Section 1 are regularly and customarily sold in a bona fide manner for off-premises consumption. "Surveillance pricingSurveillance pricing"Surveillance pricing" means a pricing strategy that is used to offer or set a customized sale price for groceries or other foodstuffs for a specific consumer or group of consumers based, in whole or in part, on information collected through electronic surveillance technology. "Surveillance pricing" shall include the use of technological methods, systems, or tools including, but not limited to, sensors, cameras, device tracking, biometric monitoring, and other forms of observation or data collection, capable of gathering information about a consumer's behavior, characteristics, location, or other personal attributes.Section 1" means a pricing strategy that is used to offer or set a customized sale price for groceries or other foodstuffs for a specific consumerConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1 or group of consumersConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1 based, in whole or in part, on information collected through electronic surveillance technology. "Surveillance pricingSurveillance pricing"Surveillance pricing" means a pricing strategy that is used to offer or set a customized sale price for groceries or other foodstuffs for a specific consumer or group of consumers based, in whole or in part, on information collected through electronic surveillance technology. "Surveillance pricing" shall include the use of technological methods, systems, or tools including, but not limited to, sensors, cameras, device tracking, biometric monitoring, and other forms of observation or data collection, capable of gathering information about a consumer's behavior, characteristics, location, or other personal attributes.Section 1" shall include the use of technological methods, systems, or tools including, but not limited to, sensors, cameras, device tracking, biometric monitoring, and other forms of observation or data collection, capable of gathering information about a consumerConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1's behavior, characteristics, location, or other personal attributes. "Third-party grocery delivery platformThird-party grocery delivery platform"Third-party grocery delivery platform" means a business entity, outside of the operation of a retail food store, that operates a website, mobile application, or digital platform that facilitates, arranges, or enables the purchase or delivery of groceries and other foodstuffs from a retail food store to a consumer.Section 1" means a business entity, outside of the operation of a retail food storeRetail food store"Retail food store" means any retail establishment where groceries and other foodstuffs are regularly and customarily sold in a bona fide manner for off-premises consumption.Section 1, that operates a website, mobile application, or digital platform that facilitates, arranges, or enables the purchase or delivery of groceries and other foodstuffsGroceries and other foodstuffs"Groceries and other foodstuffs" means dairy products, meat and delicatessen products, produce products, seafood products, carbonated beverages, coffee and other beverages, snack foods, candy products, baked products, paper products, household cleaning items, health and beauty products, frozen foods, pet foods and supplies, and any other edible product not previously listed.Section 1 from a retail food storeRetail food store"Retail food store" means any retail establishment where groceries and other foodstuffs are regularly and customarily sold in a bona fide manner for off-premises consumption.Section 1 to a consumerConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1.
Section 1 establishes the definitions that govern the bill's scope. The three prohibited pricing strategies — dynamic pricing, surveillance pricing, and personalized algorithmic pricing — are each defined separately but overlap in practice: personalized algorithmic pricing explicitly incorporates both dynamic and surveillance pricing. Notably, the dynamic pricing definition is anchored to algorithmic or AI models that retrain or recalibrate in near real-time, which distinguishes it from ordinary manual price changes. The surveillance pricing definition is broad, encompassing sensors, cameras, device tracking, biometric monitoring, and any form of data collection about a consumer's behavior or personal attributes.
The carve-out for promotional pricing, loyalty programs, and retention-related discounts is embedded directly in the dynamic pricing definition rather than in a standalone exception, though Section 2(b) provides a parallel safe harbor at the operative level.
(a) 1 It shall be considered an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a retail food storeRetail food store"Retail food store" means any retail establishment where groceries and other foodstuffs are regularly and customarily sold in a bona fide manner for off-premises consumption.Section 1 or a third-party grocery delivery platformThird-party grocery delivery platform"Third-party grocery delivery platform" means a business entity, outside of the operation of a retail food store, that operates a website, mobile application, or digital platform that facilitates, arranges, or enables the purchase or delivery of groceries and other foodstuffs from a retail food store to a consumer.Section 1 to use dynamic pricingDynamic pricing"Dynamic pricing" means a pricing strategy that fluctuates the sale price of groceries and other foodstuffs under conditions where algorithmic or artificial intelligence models retrain or recalibrate information in near real-time or a short period of time. "Dynamic pricing" shall not include promotional pricing offers, loyalty program benefits, or other temporary discounts or changes to pricing related to retention of existing customers.Section 1, surveillance pricingSurveillance pricing"Surveillance pricing" means a pricing strategy that is used to offer or set a customized sale price for groceries or other foodstuffs for a specific consumer or group of consumers based, in whole or in part, on information collected through electronic surveillance technology. "Surveillance pricing" shall include the use of technological methods, systems, or tools including, but not limited to, sensors, cameras, device tracking, biometric monitoring, and other forms of observation or data collection, capable of gathering information about a consumer's behavior, characteristics, location, or other personal attributes.Section 1, or personalized algorithmic pricingPersonalized algorithmic pricing"Personalized algorithmic pricing" means a pricing strategy that uses dynamic pricing and surveillance pricing derived from, or set by, an algorithm using consumer data, excluding consumer location data, that identifies, or could reasonably be linked to, a specific consumer or the consumer's electronic device, and that results in price variation for individual consumers or groups of consumers.Section 1 when selling groceries and other foodstuffsGroceries and other foodstuffs"Groceries and other foodstuffs" means dairy products, meat and delicatessen products, produce products, seafood products, carbonated beverages, coffee and other beverages, snack foods, candy products, baked products, paper products, household cleaning items, health and beauty products, frozen foods, pet foods and supplies, and any other edible product not previously listed.Section 1, either in person or online, to a consumerConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1.
(b) 1 The provisions of this section shall not limit any retail food storeRetail food store"Retail food store" means any retail establishment where groceries and other foodstuffs are regularly and customarily sold in a bona fide manner for off-premises consumption.Section 1 or third-party grocery delivery platformThird-party grocery delivery platform"Third-party grocery delivery platform" means a business entity, outside of the operation of a retail food store, that operates a website, mobile application, or digital platform that facilitates, arranges, or enables the purchase or delivery of groceries and other foodstuffs from a retail food store to a consumer.Section 1 from providing consumersConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1, based on previous purchase history, a discount, promotional price, or loyalty program benefit.
(c) The Director of the Division of ConsumerConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1 Affairs in the Department of Law and Public Safety shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of this act.
Section 2 is the bill's core operative provision. It categorically prohibits retail food stores and third-party grocery delivery platforms from using any of the three defined pricing strategies — dynamic pricing, surveillance pricing, or personalized algorithmic pricing — when selling groceries and other foodstuffs to consumers. The prohibition applies equally to in-person and online transactions, and violations constitute unlawful practices under the New Jersey Consumer Fraud Act.
Subsection (b) preserves a safe harbor for purchase-history-based discounts, promotional pricing, and loyalty program benefits, ensuring that standard customer-retention programs are not swept up by the prohibition. Subsection (c) delegates rulemaking authority to the Director of the Division of Consumer Affairs to implement the bill's requirements.
(a) There is established in the Department of the Treasury a special fund to be known as the "Grocery Pricing Fairness Fund." The State Treasurer shall credit to the fund all monies received by the State for penalties assessed pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). The fund shall be continuing and nonlapsing. The fund shall be administered by the State Treasurer, and any interest earned on monies in the fund shall be credited to the fund.
(b) The Legislature shall annually appropriate from the fund monies to the Department of Agriculture for distribution to community food pantries. All funds received by community food pantries shall be utilized exclusively for the purchase of groceries and other foodstuffsGroceries and other foodstuffs"Groceries and other foodstuffs" means dairy products, meat and delicatessen products, produce products, seafood products, carbonated beverages, coffee and other beverages, snack foods, candy products, baked products, paper products, household cleaning items, health and beauty products, frozen foods, pet foods and supplies, and any other edible product not previously listed.Section 1. The Department of Agriculture shall cooperate with the Department of Human Services and the Department of Health to distribute the funds.
Section 3 establishes the Grocery Pricing Fairness Fund in the Department of the Treasury, into which all penalty proceeds from violations of the bill's pricing prohibitions are deposited. The fund is continuing and nonlapsing, with interest credited back to the fund. The Legislature is directed to annually appropriate monies from the fund to the Department of Agriculture for distribution to community food pantries, which must use the funds exclusively for purchasing groceries and other foodstuffs. The Departments of Human Services and Health are directed to assist with distribution.
This act shall take effect on the first day of the seventh month next following the date of enactment, except that the Director of the Division of ConsumerConsumer"Consumer" means a natural person who is seeking to purchase, or is solicited to purchase, groceries and other foodstuffs for personal, family, or household use.Section 1 Affairs may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
Section 4 sets the effective date at the first day of the seventh month following enactment, giving regulated entities a roughly six-month compliance runway. The Director of the Division of Consumer Affairs is authorized to take anticipatory administrative action (including rulemaking) in advance of the effective date.