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*sb0387*
SENATE BILL 387
I3, K3 EMERGENCY BILL 6lr0331
CF HB 895
By: The President (By Request – Administration) and Senators Augustine, Brooks,
Charles, Harris, Hettleman, Kagan, King, Lam, Lewis Young, Love, and
Zucker Hester, Sydnor, and Zucker
Introduced and read first time: January 27, 2026
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 4, 2026
CHAPTER ______
AN ACT concerning 1
Food Retailers and Third–Party Food Delivery Service Providers – Dynamic 2
Pricing, Surveillance and Personal Data, and Collective Bargaining Agreements 3
(Protection From Predatory Pricing Act) 4
FOR the purpose of prohibiting a food retailer and a third –party food delivery service 5
provider from engaging in the practice of dynamic pricing or using consumer 6
surveillance personal data to set a price for consumer goods or services; prohibiting 7
a food retailer and a third–party food delivery service provider from using protected 8
class data to offer, advertise, or sell a consumer good or service under certain 9
circumstances; prohibiting a food retailer from diminishing or impairing any right 10
or benefit guaranteed to employees of the food retailer under an existing collective 11
bargaining agreement or memorandum of understanding under certain 12
circumstances; making a certain violation of this Act an unfair, abusive, or deceptive 13
trade practice that is subject to enforcement and penalties under the Maryland 14
Consumer Protection Act; and generally relating to the regulation of food retailers 15
and third–party food delivery service providers. 16
BY adding to 17
Article – Commercial Law 18
Section 13–321 19
Annotated Code of Maryland 20
(2025 Replacement Volume) 21
2 SENATE BILL 387
BY repealing and reenacting, with amendments, 1
Article – Commercial Law 2
Section 13–408 and 13–411 3
Annotated Code of Maryland 4
(2025 Replacement Volume) 5
BY repealing and reenacting, without amendments, 6
Article – Commercial Law 7
Section 14–4701(a) and (w) 8
Annotated Code of Maryland 9
(2025 Replacement Volume) 10
BY adding to 11
Article – Labor and Employment 12
Section 4–406 13
Annotated Code of Maryland 14
(2025 Replacement Volume) 15
BY repealing and reenacting, without amendments, 16
Article – Tax – General 17
Section 11–206(c) 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2025 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Commercial Law 23
13–321. 24
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(2) “ARTIFICIAL INTELLIGEN CE” HAS THE MEANING STAT ED IN § 27
3.5–801 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 28
(2) “CONSENT” HAS THE MEANING STAT ED IN § 14–4701 OF THIS 29
ARTICLE. 30
(3) (I) “DYNAMIC PRICING ” MEANS THE PRACTICE OF VARYING 31
THE PRICES OF CONSUMER GOODS OR SERVICES WITHIN A BUSINESS DAY BASED ON 32
DEMAND OR OTHER FACT ORS, INCLUDING THROUGH TH E USE OF ARTIFICIAL 33
INTELLIGENCE OR MODELS THAT RETRAIN OR R ECALIBRATE BASED ON RECEIVED 34
INFORMATION IN NEAR REAL–TIME DISCRIMINATORY PRACTICE OF OFFERING OR 35
SETTING A PERSONALIZED PRICE FOR A GOOD OR SERVICE THAT IS S PECIFIC TO A 36
SENATE BILL 387 3
CONSUMER BASED ON THE CON SUMER’S PERSONAL DATA , REGARDLESS OF 1
WHETHER THE SELLER COLLECTED OR PURCHASED THE PERSONAL DATA. 2
(II) “DYNAMIC PRICING” DOES NOT INCLUDE THE: 3
1. THE USE OF PROMOTIONAL P RICING OFFERS , 4
LOYALTY PROGRAM BENEFITS, OR OTHER TEMPORARY DISCOUNTS OR CHANGES TO 5
PRICING RELATED TO RETENTION OF EXISTING CUSTOMERS; 6
2. A DIFFERENCE IN PRICE BASED ON OBJECTIVE COSTS 7
ATTRIBUTABLE TO PROV IDING CONSUMER GOODS OR SERVICES TO DIFFE RENT 8
CONSUMERS, SUCH AS A DIFFERENCE IN PRICE CAUSED BY S HIPPING COSTS OR 9
TAXES BASED ON A CONSUMER’S PHYSICAL LOCATION; 10
3. A DIFFERENCE IN PRICE BASED ON COSTS OR 11
DIFFERENCES IN SUPPLY OR DEMAND ASSOCIATED WITH PROVIDING OR SELLING A 12
GOOD OR SERVICE IN DIFFERENT LOCATIONS OR GEOGRAPHIES; 13
4. A DIFFERENCE IN PRICE BASED ON COSTS 14
ASSOCIATED WITH THE AVAILABILITY OR SUPPLY OF THE GOOD OR SERVICE; 15
5. A PRICE OFFERED TO A C ONSUMER THROUGH A 16
LOYALTY, MEMBERSHIP, OR REWARDS PROGRAM I N WHICH ANY CONSUMER MAY 17
VOLUNTARILY ENROLL OR CONSENT TO PARTICIPATE; 18
6. A PRICE OFFERED TO A C ONSUMER IN CONNECTIO N 19
WITH A SUBSCRIPTION–BASED CONTRACT OR AGREEMENT; 20
7. A PRICE OFFERED TO A C ONSUMER WHO CONSENTS 21
TO PROVIDING PERSONA L DATA OR OTHER INFO RMATION IN EXCHANGE FOR 22
OBTAINING THE PRICE; 23
8. A PRICE CORRECTION RES ULTING FROM A PRICIN G 24
ERROR; OR 25
9. RESETTING A PRICE FOL LOWING A SYSTEM OR 26
NETWORK OUTAGE. 27
(4) “FOOD RETAILER ” MEANS A MERCHANT THA T OPERATES A 28
BUSINESS ESTABLISHMENT THAT: 29
(I) HAS A MINIMUM OF 15,000 SQUARE FEET; AND 30
4 SENATE BILL 387
(II) SELLS FOOD THAT IS EX EMPT FROM THE SALES AND USE 1
TAX IN ACCORDANCE WITH § 11–206(C) OF THE TAX – GENERAL ARTICLE. 2
(5) “SURVEILLANCE DATA ” MEANS CONSUMER INFOR MATION 3
COLLECTED AND TRACKE D BY TECHNOLOGICAL M ETHODS, SYSTEMS, OR TOOLS , 4
SUCH AS SENSORS , CAMERAS, DEVICE TRACKING , BIOMETRIC MONITORING , OR 5
OTHER FORMS OF OBSER VATION OR DATA COLLE CTION, THAT ARE CAPABLE OF 6
GATHERING PERSONALLY IDENTIFIABLE INFORMA TION ABOUT A CONSUME R’S 7
BEHAVIOR, CHARACTERISTICS, LOCATION, OR OTHER PERSONAL AT TRIBUTES, 8
WHETHER IN A PHYSICAL OR DIGITAL ENVIRONMENT. 9
(5) “PERSONAL DATA” HAS THE MEANING STAT ED IN § 14–4701 OF 10
THIS ARTICLE. 11
(6) (I) “THIRD–PARTY FOOD DELIVERY SERVICE PROVIDER ” 12
MEANS A MERCHANT THA T PROVIDES AS A CONS UMER SERVICE THE DEL IVERY OF 13
FOOD THAT IS EXEMPT FROM THE SALES AND U SE TAX IN ACCORDANCE WITH § 14
11–206(C) OF THE TAX – GENERAL ARTICLE. 15
(II) “THIRD–PARTY FOOD DELIVERY SERVICE PROVIDER” DOES 16
NOT INCLUDE A FOOD RETAILER. 17
(B) A FOOD RETAILER OR THIRD –PARTY FOOD DELIVERY SERVICE 18
PROVIDER MAY NOT ENGAGE: 19
(1) ENGAGE IN DYNAMIC PRICING TO INCREASE A PRICE FOR 20
CONSUMER GOODS OR SERVICES FOR A SPECIFIC CONSUMER; OR USE 21
(2) USE SURVEILLANCE PERSONAL DATA TO SET INCREASE A PRICE 22
FOR CONSUMER GOODS O R SERVICES FOR A SIN GLE CONSUMER OR A GR OUP OF 23
CONSUMERS. 24
(C) A FOOD RETAILER OR THIRD –PARTY FOOD DELIVERY SERVICE 25
PROVIDER MAY NOT USE PROTECTED CLASS DATA TO OFFER, ADVERTISE, OR SELL 26
A CONSUMER GOOD OR SERVICE TO A CONSUMER FOR WHOM THE PROTECTED CLASS 27
DATA PERTAINS IF THE USE OF THE PROTECTED CLASS DATA HAS THE E FFECT OF 28
WITHHOLDING OR DENYI NG FROM THE CONSUMER AN ACCOMMOD ATION, AN 29
ADVANTAGE, OR A PRIVILEGE ACCORDED TO OTHERS. 30
(D) (1) BEFORE INITIATING AN ENFORCEMENT ACTION UNDER SUBTITLE 31
4 OF THIS TITLE FOR A VIOLATION OF THIS SECTION, THE DIVISION SHALL ISSUE A 32
NOTICE OF VIOLATION TO THE ALLEGED VIOLATOR. 33
SENATE BILL 387 5
(2) THE DIVISION SHALL PROVIDE THE ALLEGED VIOLATOR 45 DAYS 1
AFTER THE NOTICE OF VIOLATION IS RECEIVED TO CURE THE VIOLATION. 2
(3) IF THE ALLEGED VIOLAT OR CURES THE VIOLATI ON WITHIN THE 3
TIME PERIOD SPECIFIE D UNDER PARAGRAPH (2) OF THIS SUBSECTION , THE 4
DIVISION MAY NOT INITIATE AN EN FORCEMENT ACTION FOR A VIOLATION OF THIS 5
SECTION. 6
(E) THIS SECTION MAY NOT BE CONSTRUED TO AUTH ORIZE A PRIVATE 7
RIGHT OF ACTION UNDER THIS SECTION OR ANY OTHER LAW. 8
13–408. 9
(a) THIS SECTION DOES NOT APPLY TO A VIOLATION OF § 13–321 OF THIS 10
TITLE. 11
(B) In addition to any action by the Division or Attorney General authorized by 12
this title and any other action otherwise authorized by law, any person may bring an action 13
to recover for injury or loss sustained by him as the result of a p ractice prohibited by this 14
title. 15
[(b)] (C) Any person who brings an action to recover for injury or loss under this 16
section and who is awarded damages may also seek, and the court may award, reasonable 17
attorney’s fees. 18
[(c)] (D) If it appears to the satisfaction of the court, at any time, that an action 19
is brought in bad faith or is of a frivolous nature, the court may order the offending party 20
to pay to the other party reasonable attorney’s fees. 21
[(d)] (E) Notwithstanding any other provision of this section, a person may not 22
bring an action under this section to recover for injuries sustained as a result of the 23
professional services provided by a health care provider, as defined in § 3 –2A–01 of the 24
Courts Article. 25
13–411. 26
(A) THIS SECTION DOES NOT APPLY TO A VIOLATION OF § 13–321 OF THIS 27
TITLE. 28
[(a)] (B) Except as provided in subsection [(b)] (C) of this section, any person 29
who violates any provision of this title is guilty of a misdemeanor and, unless another 30
criminal penalty is specifically pro vided elsewhere, on conviction is subject to a fine not 31
exceeding $1,000 or imprisonment not exceeding one year or both, in addition to any civil 32
penalties. 33
6 SENATE BILL 387
[(b)] (C) A person may not be imprisoned for violation of any provision of an 1
order of the Attorney General or an agreement of a party relating to unit pricing under 2
Title 14, Subtitle 1 of this article. 3
14–4701. 4
(a) In this subtitle the following words have the meanings indicated. 5
(w) (1) “Personal data” means any information that is linke d or can be 6
reasonably linked to an identified or identifiable consumer. 7
(2) “Personal data” does not include: 8
(i) De–identified data; or 9
(ii) Publicly available information. 10
Article – Labor and Employment 11
4–406. 12
(A) IN THIS SECTION , “FOOD RETAILER” HAS THE MEANING STAT ED IN § 13
13–321 OF THE COMMERCIAL LAW ARTICLE. 14
(B) A FOOD RETAILER MAY NO T IMPLEMENT AN ADMIN ISTRATIVE, 15
OPERATIONAL, OR ORGANIZATIONAL CH ANGE THAT DIMINISHES OR IMPAIRS ANY 16
RIGHT OR BENEFIT GUA RANTEED TO EMPLOYEES OF THE FOOD RETAILER UNDER 17
AN EXISTING COLLECTI VE BARGAINING AGREEM ENT OR MEMORANDUM OF 18
UNDERSTANDING UNLESS THE CHANGE IS NEGOTIATED AND MUTUALLY AGREED ON 19
WITH THE EXCLUSIVE REPRESENTATIVE OF THE EMPLOYEES. 20
(C) A PERSON MAY BRING AN ACTION TO RECOVER FOR INJUR Y OR LOSS 21
SUSTAINED AS A RESULT OF A VIOLATION OF THIS SECTION. 22
(D) A PERSON WHO BRINGS AN ACTION TO RECOVER FOR INJURY OR LOSS 23
UNDER THIS SECTION A ND WHO IS AWARDED DA MAGES MAY ALSO SEEK , AND THE 24
COURT MAY AWARD, REASONABLE ATTORNEY’S FEES. 25
(E) IF IT APPEARS TO THE SATISFACTION OF THE COURT, AT ANY TIME , 26
THAT AN ACTION IS BR OUGHT IN BAD FAITH O R IS OF A FRIVOLOUS NATURE, THE 27
COURT MAY ORDER THE OFFENDING PARTY TO P AY TO THE OTHER PART Y 28
REASONABLE ATTORNEY’S FEES. 29
Article – Tax – General 30
SENATE BILL 387 7
11–206. 1
(c) (1) Except as provided in paragraph (2) of this subsection, the sales and 2
use tax does not apply to a sale of food for consumption off the premises by a food vendor 3
who operates a substantial grocery or market business at the same location where the food 4
is sold. 5
(2) The exemption under paragraph (1) of this subsection does not apply to: 6
(i) food that the vendor serves for consumption on the premises of 7
the buyer or of a third party; or 8
(ii) food for immediate consumption. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 10
measure, is necessary for the immediate preservation of the public health or safety, has 11
been passed by a yea and nay vote supported by three –fifths of all the members elected to 12
each of the two Houses of the General Assembly, and shall take effect from the date it is 13
enacted shall take effect October 1, 2026. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.