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Bill

S 10348

Relates to pricing changes for online grocery delivery and online pick-up services

2025 Regular Session Introduced by James Skoufis

Requires online grocery sellers and platforms to clearly disclose whether online prices match in-store prices, with penalties for noncompliance.

PRINT NUMBER 10348A
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WeVote Research Nonpartisan
Bill Summary · S 10348

Overview

S. 10348-A (New York) proposes new requirements under a newly created Article 38-C of the General Business Law to increase transparency around pricing for online grocery delivery and online grocery pick-up services. The bill targets both food retailers (supermarkets and similar stores) and third-party delivery platforms, aiming to make online pricing disclosures clear to consumers and to establish penalties for noncompliance.

Main purpose and intent

  • Ensure consumers are clearly informed whether online prices for groceries match in-store prices or differ.
  • Promote transparency around price differences between online platforms and physical store pricing.
  • Establish enforcement mechanisms and guidance for the Secretary of State to implement rules governing these disclosures.

Key provisions and changes

  • Creation of Article 38-C, “Online Sale of Groceries,” with the following definitions:
    • Food retailer: self-service supermarket/grocery operator selling a minimum share of produce, meat, poultry, seafood, baked goods, and/or dairy, as determined by the Secretary of State.
    • In-store price: price charged in the physical store.
    • Online price: price charged for products purchased or ordered via website, mobile app, or other internet service.
    • Third-party delivery platform: any site/app/service that offers or arranges sale, purchase, delivery, or pickup of groceries online.
  • Disclosure of pricing policy (Section 841):
    • Food retailers and third-party platforms must clearly disclose whether online prices are the same as in-store prices or different.
    • If online prices differ, the disclosure must indicate that they may generally differ from in-store prices.
    • Third-party platforms must prominently place a disclosure on their primary landing page stating that online prices may differ from in-store prices.
    • If a retailer has a website, the platform must post a link to that website in an easily noticeable way on the platform.
  • Penalties (Section 841, subdivision 2):
    • Violations are offenses with fines:
    • First offense: up to $100.
    • Second or subsequent offense: up to $250 per offense.
  • Implementation and guidance (Section 841, subdivision 3):
    • The Secretary of State is tasked with promulgating rules and regulations necessary to carry out the act.
  • Effective date (Section 2):
    • The act takes effect 180 days after it becomes law.
    • Immediate authority to adopt rules/regulations necessary for implementation prior to the effective date.

Which entities would be affected

  • Food retailers (supermarkets and other self-service grocery operators) subject to online pricing disclosures for online orders or pickups.
  • Third-party delivery platforms that facilitate online grocery sales or pickups.
  • Consumer-focused communication requirements on both retailer websites and third-party platforms.

Procedural and timeline aspects

  • Introduction and referral:
    • Introduced May 14, 2026; referred to the Senate Committee on Consumer Protection.
  • Amends and reprints:
    • The bill was amended and reprinted as S. 10348-A and recomitted to the same committee on May 15, 2026.
  • Effective date:
    • Generally 180 days after becoming law.
  • Regulatory action:
    • The Secretary of State is authorized to promulgate implementing rules and regulations in advance of, or concurrent with, the effective date.

Potential impact and considerations

  • Consumer clarity: Clearer information about price parity between online and in-store purchases could help consumers compare total costs.
  • Compliance burden: Retailers and platforms would need to implement explicit price-disclosure language and ensure timely, prominent disclosures on platforms and websites.
  • Enforcement: Relatively modest fines may incentivize compliance but may have limited deterrence for larger operators unless other enforcement mechanisms exist.
  • Market transparency: The requirement could reduce price surprises associated with online grocery shopping, potentially affecting consumer behavior and choice.

If you’d like, I can provide a comparison to existing NY consumer protection or pricing disclosure laws, or outline a checklist for compliance for retailers and platforms.

Compiled from official sources — confirm details with the bill’s official record.

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