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SENATE DOCKET, NO. 587 FILED ON: 1/14/2025
SENATE . . . . . . . . . . . . . . No. 47
The Commonwealth of Massachusetts
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PRESENTED BY:
Michael O. Moore
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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 relative to surveillance pricing in grocery stores.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Michael O. MooreSecond Worcester 1 of 3
SENATE DOCKET, NO. 587 FILED ON: 1/14/2025
SENATE . . . . . . . . . . . . . . No. 47
By Mr. Moore, a petition (accompanied by bill, Senate, No. 47) of Michael O. Moore for
legislation to prohibit surveillance pricing based on the biometric data of individuals collected on
the premises of a food store and food department. Advanced Information Technology, the
Internet and Cybersecurity.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to surveillance pricing in grocery stores.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 94 of the General Laws is hereby amended by adding the following section:-
2 Section 330. (a) As used in this section, the following words shall, unless the context
3otherwise requires, have the following meanings: —
4 “Biometric data” means data generated by automatic measurements of an individual's
5biological characteristics, such as a fingerprint, a voiceprint, eye retinas, irises, gait, or other
6unique biological patterns.
7 “Biometric data” does not include:
8 (A) a digital or physical photograph,
9 (B) an audio or video recording, or 2 of 3
10 (C) any data generated from a digital or physical photograph, or an audio or video
11recording.
12 ''Food department'', any seller, other than a food store, with any grocery item section, area
13or display which sells 100 or more different food items for consumption off the seller's premises,
14at least in part to, individuals for personal, family or household use.
15 ''Food store'', any store, shop, supermarket, grocer, convenience store, warehouse club or
16other seller, whose primary business is selling either food for consumption off the seller's
17premises alone or in combination with grocery items or other nondurable items typically found in
18a supermarket, and such items are sold at least in part to individuals own personal, family or
19household use.
20 ''Item'', a specific and distinct product, good or commodity available for sale having a
21different universal product code or SKU for other items so coded; provided, that for items not so
22coded, an item having any distinguishing characteristics compared to another item.
23 ''Operator'', the owner of a food department or food store.
24 (b) Food stores and food departments shall be prohibited from suggesting items or
25adjusting the prices of any item in the food store and food department directly or indirectly based
26on the biometric data of individuals collected on the premises of a food store and food
27department.
28 (c) Notwithstanding Section 330(b), food stores and food departments may use
29biometrics to allow customers to voluntarily verify their identity at the point of sale. 3 of 3
30 (d) Any violation by an operator of this chapter constitutes an injury to that individual
31and shall be deemed an unfair or deceptive act or practice in the conduct of trade or commerce
32under chapter 93A, provided that if the court finds for any petitioner, subject to paragraph (3) of
33section 9 of such chapter, recovery under such chapter shall be in the amount of actual damages
34or $5,000, whichever is higher.