1 of 1 SENATE DOCKET, NO. 2330 FILED ON: 1/17/2025 SENATE . . . . . . . . . . . . . . No. 237 The Commonwealth of Massachusetts _________________ PRESENTED BY: Paul R. Feeney _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act regulating self-checkouts in grocery establishments. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and Norfolk 1 of 3 SENATE DOCKET, NO. 2330 FILED ON: 1/17/2025 SENATE . . . . . . . . . . . . . . No. 237 By Mr. Feeney, a petition (accompanied by bill, Senate, No. 237) of Paul R. Feeney for legislation to limit the amount of self-checkout stations located in grocery establishments and impose fines for multiple violations. Consumer Protection and Professional Licensure. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act regulating self-checkouts in grocery establishments. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Chapter 94 of the General Laws, as appearing in the 2022 Official Edition, 2is hereby amended by inserting after Section 329 the following section:- 3 Section 330. (a) For the purposes of this section, the following words shall have the 4following meanings unless the context clearly requires otherwise: 5 "Grocery store", a business in the State of Massachusetts that earns the majority of its 6gross income from the retail sale of groceries. 7 "Groceries", (i) Any raw or processed food or beverage intended for human consumption 8except alcoholic beverages and marijuana products; 9 (ii) Prescription and over-the-counter drugs and related personal care and hygiene items, 10when sold by a retailer that also sells food and beverages; and 2 of 3 11 (iii) Miscellaneous household maintenance items, such as laundry detergent and 12dishwashing soap, when sold by a retailer that also sells food and beverages. 13 "Manual checkout station", provides human assistance to shoppers, scanning, bagging 14and accepting payment for their purchases. 15 "Retail sale", the sale of groceries to a consumer for use or consumption, and not for the 16purpose of resale. 17 "Self-service checkout", an automated process that enable shoppers to scan, bag and pay 18for their purchases without human assistance 19 (b) Grocery stores shall not have more than 8 self-service checkout stations operating at 20any one time per location. 21 (c) Grocery stores with self-checkout stations shall have a minimum of 1 manual 22checkout station operating for every 2 self-checkout stations operating. 23 No more than 2 self-service checkout stations are simultaneously monitored by any 1 24employee of the establishment. 25 An employee shall be relieved from all other duties when monitoring a self-service 26checkout station, including, but not limited to, operating a manual checkout station. 27 (d) (1) The Massachusetts Division of Standards shall have primary authority to enforce 28the restrictions of this section. 29 (2) The Massachusetts Division of Standards shall enact rules as necessary to implement 30this section, including a penalty matrix that imposes increasing fines for multiple violations made 3 of 3 31by the same grocery store at different locations. The fine for the first violation shall be equal to 32one full day of pay and benefits, based on the highest wage for retail clerks, for each day on 33which there is a violation. 34 (3) Any Massachusetts resident may file a complaint with the Massachusetts Division of 35Standards alleging a violation, free from fear of retaliation. 36 (4) Any employee alleging retaliation by their employer for making a complaint alleging 37violations of this section may bring a cause of action in Massachusetts superior court. 38 (5) If, after 30 days of receiving notice of a violation of this section from the Division of 39Standards, a grocery store does not comply with the regulations set forth in this section, the 40Massachusetts Attorney General shall be given authority to enforce compliance. 41 (6) Any Massachusetts consumer alleging a violation of this section may file a complaint 42with the Massachusetts Division of Standards. Retaliation against a consumer for complaining 43about a violation of this section shall be an unlawful trade practice. 44 (e) If any part, section or provision of this section is found unconstitutional, illegal or 45invalid, such a finding will affect only that part, section or provision of this section and the 46remaining parts, sections or provisions shall remain in full force and effect. 47 SECTION 2. This act shall take effect upon passage.