An Act to Protect Consumers from Unfair Dynamic Pricing in Grocery Stores

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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1907
S.P. 748 In Senate, May 6, 2025
An Act to Protect Consumers from Unfair Dynamic Pricing in
Grocery Stores
Reference to the Committee on Housing and Economic Development suggested and
ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President DAUGHTRY of Cumberland.
Cosponsored by Senators: CURRY of Waldo, NANGLE of Cumberland, RENY of Lincoln,
TIPPING of Penobscot, Representatives: ARFORD of Brunswick, WEBB of Durham.

Page 1 - 132LR1433(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 10 MRSA §1202, sub-§4-A is enacted to read:
34-A. Dynamic pricing. "Dynamic pricing" means a digital process that uses a
4 software program to determine or change the price of a good or service displayed on an
5 electronic shelf label in a grocery store.
6Sec. 2. 10 MRSA §1202, sub-§4-B is enacted to read:
74-B. Electronic shelf label. "Electronic shelf label" means a digital label or price tag
8 that displays the price of a good or service offered by a grocery store.
9Sec. 3. 10 MRSA §1202, sub-§4-C is enacted to read:
104-C. Grocery store. "Grocery store" means a store that is part of a chain with 15 or
11 more locations nationally doing business under the same name or as part of a corporation
12 that is primarily engaged in the retail sale of canned food, dry goods, frozen food, dairy
13 products, fresh fruits and vegetables and fresh meats, fish and poultry. "Grocery store"
14 includes a convenience store, but does not include a separately owned eating establishment
15 located within a grocery store.
16Sec. 4. 10 MRSA §1204-B is enacted to read:
17§1204-B. Certain dynamic pricing prohibited; notice
181. Prohibition. A grocery store may not engage in dynamic pricing more than once
19 in a 48-hour period during a severe weather event, a natural disaster, a supply chain
20 disruption or another event that can cause a sudden increased demand for goods or services.
212. Allowable use; notice. Except as prohibited pursuant to subsection 1, a grocery
22 store may use dynamic pricing if it provides notice to its customers using conspicuous
23 signage indicating:
24 A. That dynamic pricing is being used in the grocery store and how it works;
25 B. What factors are used by the grocery store to change the price of a good or service;
26 and
27 C. That it is an unfair or deceptive trade practice to use dynamic pricing more than
28 once in a 48-hour period during a severe weather event, a natural disaster, a supply
29 chain disruption or another event that can cause a sudden increased demand for goods
30 or services.
313. Violation is unfair trade practice. A grocery store engaging in dynamic pricing
32 in violation of this section commits an unfair trade practice under Title 5, chapter 10.
33SUMMARY
34 This bill amends the Unfair Sales Act to prohibit the use of dynamic pricing by grocery
35 stores to electronically change the price of a good or service offered by that grocery store
36 more than once in a 48-hour period during a severe weather event, a natural disaster, a
37 supply chain disruption or another event that can cause a sudden increased demand for
38 goods or services. Dynamic pricing may be used at other times as long as notice of its use
39 is provided to the customers of the grocery store using conspicuous signage describing how
40 and when the grocery store uses dynamic pricing.
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1 A violation of the bill's provisions is considered an unfair trade practice, subject to the
2 penalties imposed for a violation of the Maine Unfair Trade Practices Act.