{"AmendmentNumber":"270","ParentBillNumber":"H5562","Bill":null,"Sponsor":{"Id":"T_C1","Name":"Tackey Chan","Type":1,"Details":"https://malegislature.gov/api/GeneralCourts/194/LegislativeMembers/T_C1","ResponseDate":"2026-07-06T12:30:23.887"},"Category":null,"Action":"Consolidated","RollCall":[],"Title":"Consumer protections for self-checkout","Branch":"House","RedraftNumber":null,"IsFurther":false,"GeneralCourtNumber":194,"Text":"Mr. Chan of Quincy moves to amend the bill by adding the following sections:-\r\n\r\n\"SECTION XX. Chapter 94 of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following new section:-\r\n\tSection 330. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:\r\n\t“Division”, means the Massachusetts division of standards.\r\n\"Groceries\", means: (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 or personal care and hygiene items, when sold by a retailer that also sells food and beverages; and (iii) household maintenance items, including, but not limited to laundry detergent and dishwashing soap, when sold by a retailer that also sells food and beverages.\r\n\t\"Grocery store\", means a retailer in the commonwealth that earns the majority of its gross income from the retail sale of groceries.\t\r\n\t\"Manual checkout station\", means a process which provides human assistance to consumers by scanning, bagging and accepting payment for groceries.\r\n\t“Retail clerk”, means an employee whose primary responsibility is assisting consumers with scanning, bagging, and receiving payment for purchases.\r\n\t\"Retail sale\", means the sale of groceries to a consumer for use or consumption, and not for the purpose of resale.\r\n\t\"Self-service checkout\", means an automated process that enables consumers to scan, bag and pay for their groceries without human assistance.\r\n\t(b) A grocery store with a self-checkout station shall have a minimum of 1 manual checkout station operating for every 2 self-checkout stations operating and shall not have more than 8 total self-service checkout stations operating at any one time within the same establishment.\r\n\t(c) An employee shall not be responsible for monitoring more than 2 self-service checkout stations simultaneously, and said 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.\r\n\t(d)(1) The division shall have primary authority to enforce the restrictions of this section, and shall promulgate rules and regulations to implement this section, including, but not limited to, fines for multiple violations made by the same grocery store at different locations; provided, however, a fine for the first violation shall be equal to one full day of pay and benefits, based on the highest wage of a retail clerk employed at the establishment, per each day in which there is a violation.  If, after 30 days of receiving notice of a violation of this section from the division, a grocery store does not comply with the regulations set forth in this section, the Attorney General may enforce compliance.\r\n\t(2) Any employee or Massachusetts consumer may file a complaint with the division alleging a violation.  Retaliation against a consumer for such a filing shall be an unlawful trade practice pursuant to chapter 93A.\r\n\t(3) Any employee alleging retaliation by their employer for making a complaint alleging a violation of this section may bring a cause of action in the superior court.\r\n\t(e) If any part, subsection or provision of this section is found unconstitutional or invalid, such a finding will affect only that part, subsection or provision of this section and the remaining parts, subsections or provisions shall remain in full force and effect.\r\n\tSECTION XXX. Section xx shall take effect on January 1, 2027.\"\r\n"}