SECTION 1. Chapter 94 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after Section 329 the following section:- 

Section 330. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Grocery store", a business in the State of Massachusetts that earns the majority of its gross income from the retail sale of groceries.

"Groceries", (i) Any raw or processed food or beverage intended for human consumption except alcoholic beverages and marijuana products; 

(ii) Prescription and over-the-counter drugs and related personal care and hygiene items, when sold by a retailer that also sells food and beverages; and 

(iii) Miscellaneous household maintenance items, such as laundry detergent and dishwashing soap, when sold by a retailer that also sells food and beverages.

"Manual checkout station", provides human assistance to shoppers, scanning, bagging and accepting payment for their purchases. 

"Retail sale", the sale of groceries to a consumer for use or consumption, and not for the purpose of resale. 

"Self-service checkout", an automated process that enable shoppers to scan, bag and pay for their purchases without human assistance 

(b) Grocery stores shall not have more than 8 self-service checkout stations operating at any one time per location. 

(c) Grocery stores with self-checkout stations shall have a minimum of 1 manual checkout station operating for every 2 self-checkout stations operating. 

No more than 2 self-service checkout stations are simultaneously monitored by any 1 employee of the establishment.

An employee shall be relieved from all other duties when monitoring a self-service checkout station, including, but not limited to, operating a manual checkout station.

(d) (1) The Massachusetts Division of Standards shall have primary authority to enforce the restrictions of this section. 

(2) The Massachusetts Division of Standards shall enact rules as necessary to implement this section, including a penalty matrix that imposes increasing fines for multiple violations made by the same grocery store at different locations. The fine for the first violation shall be equal to one full day of pay and benefits, based on the highest wage for retail clerks, for each day on which there is a violation. 

(3) Any Massachusetts resident may file a complaint with the Massachusetts Division of Standards alleging a violation, free from fear of retaliation. 

(4) Any employee alleging retaliation by their employer for making a complaint alleging violations of this section may bring a cause of action in Massachusetts superior court. 

(5) If, after 30 days of receiving notice of a violation of this section from the Division of Standards, a grocery store does not comply with the regulations set forth in this section, the Massachusetts Attorney General shall be given authority to enforce compliance. 

(6) Any Massachusetts consumer alleging a violation of this section may file a complaint with the Massachusetts Division of Standards. Retaliation against a consumer for complaining about a violation of this section shall be an unlawful trade practice. 

(e) If any part, section or provision of this section is found unconstitutional, illegal or invalid, such a finding will affect only that part, section or provision of this section and the remaining parts, sections or provisions shall remain in full force and effect.  

SECTION 2. This act shall take effect upon passage.