BILL AS INTRODUCED H.371
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VT LEG #379301 v.1
H.371 1
Introduced by Representatives Greer of Bennington, Burkhardt of South 2
Burlington, and Coffin of Cavendish 3
Referred to Committee on 4
Date: 5
Subject: Consumer protection; weights and measures; dynamic pricing 6
Statement of purpose of bill as introduced: This bill proposes to establish a 7
moratorium on the use of electronic shelf labels or dynamic pricing by retailers 8
selling consumer commodities in the State. The moratorium would be 9
effective until January 15, 2027. During the moratorium, the bill would 10
require the Secretary of Agriculture, Food and Markets to report to the General 11
Assembly regarding the use of electronic shelf labels or dynamic pricing and 12
how to protect consumers. When the moratorium expires, provisions regarding 13
the use of electronic shelf labels or dynamic pricing would go into effect. 14
An act relating to the use of dynamic pricing by retail establishments 15
It is hereby enacted by the General Assembly of the State of Vermont: 16
Sec. 1. 6 V.S.A. § 681 is amended to read: 17
§ 681. DEFINITIONS 18
As used in this chapter: 19
(1) “Secretary” means the Secretary of Agriculture, Food and Markets. 20 BILL AS INTRODUCED H.371
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(2) “Consumer commodity” means any food, drug, device, or cosmetic 1
and other article, product, or commodity of any other kind or class, except for 2
drugs sold only by prescription: 3
(A) that are customarily produced for sale to retail sales agencies or 4
instrumentalities for consumption by individuals, for use by individuals for 5
purposes of personal care, or in the performance of services ordinarily 6
rendered in or around the household; and 7
(B) that usually are consumed or expended in the course of such 8
consumption or use. 9
(2) “Dynamic pricing” means the use of artificial intelligence to adjust 10
the prices on the electronic shelf labels of consumer commodities at any given 11
moment. 12
(3) “Electronic shelf labels” are digital wireless display systems that 13
retailers use to show product prices at the point of sale. 14
(4) “Point of sale” means the point at which consumer commodities are 15
offered and displayed for retail sale in such a manner that the consumer may 16
examine and select commodities for purchase without the assistance of sales 17
personnel. 18
(5) “Retailer” means a person who sells a consumer commodity in the 19
State at points of sale. 20
(6) “Secretary” means the Secretary of Agriculture, Food and Markets. 21 BILL AS INTRODUCED H.371
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(3)(7) “Unit price” of a consumer commodity means the retail price of a 1
consumer commodity expressed in terms of the retail price of such commodity 2
per such unit of weight, measure, or count as the Secretary designates, 3
computed to the nearest whole cent or fraction thereof as the Secretary 4
designates. 5
Sec. 2. 6 V.S.A. § 684 is added to read: 6
§ 684. USE OF ELECTRONIC SHELF LABELS; DYNAMIC PRICING 7
(a) A retailer selling a consumer commodity in the State may use electronic 8
shelf labels to disclose to consumers the retail price and unit price of the 9
consumer commodity for sale. 10
(b) A retailer using electronic shelf labels shall not use dynamic pricing to 11
alter the retail price or unit price of a consumer commodity while the retailer is 12
open to the public. 13
(c) A retailer shall not alter the retail price or unit price of a consumer 14
commodity until at least 24 hours since the last alteration to the retail price or 15
unit price for the consumer commodity. 16
Sec. 3. REPORT ON USE OF ELECTRONIC SHELF LABELS DYNAMIC 17
PRICING; MORATORIUM 18
(a) As used in this section: 19 BILL AS INTRODUCED H.371
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(1) “Consumer commodity” means any food, drug, device, or cosmetic 1
and other article, product, or commodity of any other kind or class, except for 2
drugs sold only by prescription: 3
(A) that are customarily produced for sale to retail sales agencies or 4
instrumentalities for consumption by individuals, for use by individuals for 5
purposes of personal care, or in the performance of services ordinarily 6
rendered in or around the household; and 7
(B) that usually are consumed or expended in the course of such 8
consumption or use. 9
(2) “Dynamic pricing” means the use of artificial intelligence to adjust 10
the prices on the electronic shelf labels of consumer commodities at any given 11
moment. 12
(3) “Electronic shelf labels” are digital wireless display systems that 13
retailers use to show product prices at the point of sale. 14
(4) “Point of sale” means the point at which consumer commodities are 15
offered and displayed for retail sale in such a manner that the consumer may 16
examine and select commodities for purchase without the assistance of sales 17
personnel. 18
(5) “Retailer” means a person who sells a consumer commodity in the 19
State at points of sale. 20 BILL AS INTRODUCED H.371
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(b) On or before January 15, 2027, a retailer shall not use electronic shelf 1
labels or dynamic pricing to display the retail price or unit price of a consumer 2
commodity offered for sale at a point of sale. 3
(c) On or before January 15, 2026, the Secretary of Agriculture, Food and 4
Markets shall submit to the House Committees on Agriculture, Food 5
Resiliency, and Forestry and on Commerce and Economic Development and 6
the Senate Committees on Agriculture and on Economic Development, 7
Housing and General Affairs a report regarding the use by retailers in the State 8
of electronic shelf labels and dynamic pricing to display or alter the display of 9
the retail price or unit price of a consumer commodity. The report shall 10
include: 11
(1) a summary of how electronic shelf labels and dynamic pricing 12
operates, including the technology used to operate electronic shelf labels and 13
dynamic pricing; 14
(2) a summary of national state standards for regulation of the use of 15
electronic shelf labels or dynamic pricing, including whether entities such as 16
the National Institute on Standards and Technology have adopted 17
recommended provisions for the regulation of electronic shelf labels or 18
dynamic pricing; and 19 BILL AS INTRODUCED H.371
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(3) a recommendation on whether and how to use electronic shelf labels 1
or dynamic pricing in a manner that protects consumers from unfair pricing 2
strategies or mispricing. 3
Sec. 4. EFFECTIVE DATES 4
(a) This section and Sec. 3 (moratorium; report on electronic shelf labels 5
and dynamic pricing) shall take effect on passage. 6
(b) Secs. 1 and 2 (allowed use of electronic shelf labels or dynamic pricing) 7
shall take effect on January 16, 2027. 8