Amendment #10 to S2619

Preventing Grocery Store Surveillance Pricing

Representatives Sabadosa of Northampton and Scanlon of North Attleborough move to amend the bill in Section 1 in line 79 after the words "clauses (i) and (ii)" by adding the following definitions:

''Food department'', any seller, other than a food store, with any grocery item section, area or display which sells 100 or more different food items for consumption off the seller's premises, at least in part to, individuals for personal, family or household use.

''Food store'', any store, shop, supermarket, grocer, convenience store, warehouse club or other seller, whose primary business is selling either food for consumption off the seller's premises alone or in combination with grocery items or other nondurable items typically found in a supermarket, and such items are sold at least in part to individuals own personal, family or household use.

''Item'', a specific and distinct product, good or commodity available for sale having a different universal product code or SKU for other items so coded; provided, that for items not so coded, an item having any distinguishing characteristics compared to another item.

''Operator'', the owner of a food department or food store.

and further amend the bill by inserting after section 5 the following section:

SECTION X. (a) Food stores and food departments shall be prohibited from suggesting items or adjusting the prices of any item in the food store and food department directly or indirectly based on the biometric data of individuals collected on the premises of a food store and food department.

(b) Notwithstanding Section 6(a), food stores and food departments may use biometrics to allow customers to voluntarily verify their identity at the point of sale.

(c) Any violation by an operator of this chapter constitutes an injury to that individual and shall be deemed an unfair or deceptive act or practice in the conduct of trade or commerce under chapter 93A, provided that if the court finds for any petitioner, subject to paragraph (3) of section 9  of such chapter, recovery under such chapter shall be in the amount of actual damages or $5,000, whichever is higher.

Additional co-sponsor(s) added to Amendment #10 to S2619

Preventing Grocery Store Surveillance Pricing