Vermont 2025-2026 Regular Session

Vermont House Bill H0371 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.371
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5	5	VT LEG #379301 v.1
6	6	H.371 1
7	7	Introduced by Representatives Greer of Bennington, Burkhardt of South 2
8	8	Burlington, and Coffin of Cavendish 3
9	9	Referred to Committee on 4
10	10	Date: 5
11	11	Subject: Consumer protection; weights and measures; dynamic pricing 6
12	12	Statement of purpose of bill as introduced: This bill proposes to establish a 7
13	13	moratorium on the use of electronic shelf labels or dynamic pricing by retailers 8
14	14	selling consumer commodities in the State. The moratorium would be 9
15	15	effective until January 15, 2027. During the moratorium, the bill would 10
16	16	require the Secretary of Agriculture, Food and Markets to report to the General 11
17	17	Assembly regarding the use of electronic shelf labels or dynamic pricing and 12
18	18	how to protect consumers. When the moratorium expires, provisions regarding 13
19	19	the use of electronic shelf labels or dynamic pricing would go into effect. 14
20	20	An act relating to the use of dynamic pricing by retail establishments 15
21	21	It is hereby enacted by the General Assembly of the State of Vermont: 16
22	22	Sec. 1. 6 V.S.A. § 681 is amended to read: 17
23	23	§ 681. DEFINITIONS 18
24	24	As used in this chapter: 19
25	25	(1) “Secretary” means the Secretary of Agriculture, Food and Markets. 20 BILL AS INTRODUCED H.371
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30	30	(2) “Consumer commodity” means any food, drug, device, or cosmetic 1
31	31	and other article, product, or commodity of any other kind or class, except for 2
32	32	drugs sold only by prescription: 3
33	33	(A) that are customarily produced for sale to retail sales agencies or 4
34	34	instrumentalities for consumption by individuals, for use by individuals for 5
35	35	purposes of personal care, or in the performance of services ordinarily 6
36	36	rendered in or around the household; and 7
37	37	(B) that usually are consumed or expended in the course of such 8
38	38	consumption or use. 9
39	39	(2) “Dynamic pricing” means the use of artificial intelligence to adjust 10
40	40	the prices on the electronic shelf labels of consumer commodities at any given 11
41	41	moment. 12
42	42	(3) “Electronic shelf labels” are digital wireless display systems that 13
43	43	retailers use to show product prices at the point of sale. 14
44	44	(4) “Point of sale” means the point at which consumer commodities are 15
45	45	offered and displayed for retail sale in such a manner that the consumer may 16
46	46	examine and select commodities for purchase without the assistance of sales 17
47	47	personnel. 18
48	48	(5) “Retailer” means a person who sells a consumer commodity in the 19
49	49	State at points of sale. 20
50	50	(6) “Secretary” means the Secretary of Agriculture, Food and Markets. 21 BILL AS INTRODUCED H.371
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55	55	(3)(7) “Unit price” of a consumer commodity means the retail price of a 1
56	56	consumer commodity expressed in terms of the retail price of such commodity 2
57	57	per such unit of weight, measure, or count as the Secretary designates, 3
58	58	computed to the nearest whole cent or fraction thereof as the Secretary 4
59	59	designates. 5
60	60	Sec. 2. 6 V.S.A. § 684 is added to read: 6
61	61	§ 684. USE OF ELECTRONIC SHELF LABELS; DYNAMIC PRICING 7
62	62	(a) A retailer selling a consumer commodity in the State may use electronic 8
63	63	shelf labels to disclose to consumers the retail price and unit price of the 9
64	64	consumer commodity for sale. 10
65	65	(b) A retailer using electronic shelf labels shall not use dynamic pricing to 11
66	66	alter the retail price or unit price of a consumer commodity while the retailer is 12
67	67	open to the public. 13
68	68	(c) A retailer shall not alter the retail price or unit price of a consumer 14
69	69	commodity until at least 24 hours since the last alteration to the retail price or 15
70	70	unit price for the consumer commodity. 16
71	71	Sec. 3. REPORT ON USE OF ELECTRONIC SHELF LABELS DYNAMIC 17
72	72	PRICING; MORATORIUM 18
73	73	(a) As used in this section: 19 BILL AS INTRODUCED H.371
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78	78	(1) “Consumer commodity” means any food, drug, device, or cosmetic 1
79	79	and other article, product, or commodity of any other kind or class, except for 2
80	80	drugs sold only by prescription: 3
81	81	(A) that are customarily produced for sale to retail sales agencies or 4
82	82	instrumentalities for consumption by individuals, for use by individuals for 5
83	83	purposes of personal care, or in the performance of services ordinarily 6
84	84	rendered in or around the household; and 7
85	85	(B) that usually are consumed or expended in the course of such 8
86	86	consumption or use. 9
87	87	(2) “Dynamic pricing” means the use of artificial intelligence to adjust 10
88	88	the prices on the electronic shelf labels of consumer commodities at any given 11
89	89	moment. 12
90	90	(3) “Electronic shelf labels” are digital wireless display systems that 13
91	91	retailers use to show product prices at the point of sale. 14
92	92	(4) “Point of sale” means the point at which consumer commodities are 15
93	93	offered and displayed for retail sale in such a manner that the consumer may 16
94	94	examine and select commodities for purchase without the assistance of sales 17
95	95	personnel. 18
96	96	(5) “Retailer” means a person who sells a consumer commodity in the 19
97	97	State at points of sale. 20 BILL AS INTRODUCED H.371
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102	102	(b) On or before January 15, 2027, a retailer shall not use electronic shelf 1
103	103	labels or dynamic pricing to display the retail price or unit price of a consumer 2
104	104	commodity offered for sale at a point of sale. 3
105	105	(c) On or before January 15, 2026, the Secretary of Agriculture, Food and 4
106	106	Markets shall submit to the House Committees on Agriculture, Food 5
107	107	Resiliency, and Forestry and on Commerce and Economic Development and 6
108	108	the Senate Committees on Agriculture and on Economic Development, 7
109	109	Housing and General Affairs a report regarding the use by retailers in the State 8
110	110	of electronic shelf labels and dynamic pricing to display or alter the display of 9
111	111	the retail price or unit price of a consumer commodity. The report shall 10
112	112	include: 11
113	113	(1) a summary of how electronic shelf labels and dynamic pricing 12
114	114	operates, including the technology used to operate electronic shelf labels and 13
115	115	dynamic pricing; 14
116	116	(2) a summary of national state standards for regulation of the use of 15
117	117	electronic shelf labels or dynamic pricing, including whether entities such as 16
118	118	the National Institute on Standards and Technology have adopted 17
119	119	recommended provisions for the regulation of electronic shelf labels or 18
120	120	dynamic pricing; and 19 BILL AS INTRODUCED H.371
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125	125	(3) a recommendation on whether and how to use electronic shelf labels 1
126	126	or dynamic pricing in a manner that protects consumers from unfair pricing 2
127	127	strategies or mispricing. 3
128	128	Sec. 4. EFFECTIVE DATES 4
129	129	(a) This section and Sec. 3 (moratorium; report on electronic shelf labels 5
130	130	and dynamic pricing) shall take effect on passage. 6
131	131	(b) Secs. 1 and 2 (allowed use of electronic shelf labels or dynamic pricing) 7
132	132	shall take effect on January 16, 2027. 8