S 3612

[Second Reprint]
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, Nos. 3612 and 3717
STATE OF NEW JERSEY
222nd LEGISLATURE
� ADOPTED
MARCH 16, 2026
Sponsored by:
Senator� JOSEPH P. CRYAN
District 20 (Union)
Senator� JOSEPH A. LAGANA
District 38 (Bergen)
Co-Sponsored by:
Senators Scutari, McKnight, Moriarty, Polistina, Beach,
Diegnan, Stack and Timberlake
SYNOPSIS
���� Establishes �Fair Price Protection Act.�
CURRENT VERSION OF TEXT
���� As reported by the Senate Budget and Appropriations
Committee on June 28, 2026, with amendments.
An Act concerning price setting and supplementing
P.L.1960, c.39 (C.56:8-1 et seq.).
���� Be It Enacted by the Senate and General Assembly of the State of New Jersey:
���� 1.��� This act shall be known
and may be cited as the �Fair Price Protection Act.�
���� 2.��� As used in this act:
���� �Bona fide discount� means an
offered price that is lower than the price at which groceries and other
foodstuffs are 1[widely] advertised
or1
offered 1for
sale1
to the public 1in
a person�s recent, regular course of business,1 and not
for the purpose of establishing a fictitious price to enable the subsequent
offer of a reduction.
���� �Electronic shelving label�
means an electronic 1[and Internet-connected]1
display that presents the product and pricing information for groceries and
other foodstuffs 1including,
but not limited to, labels that are visible to the consumer only after the
consumer has scanned a quick-response (QR) code, barcode, or other code1.
���� �Groceries and other
foodstuffs� means dairy products, meat and delicatessen products, produce
products, seafood products, carbonated beverages, coffee and other beverages,
snack foods, candy products, baked products, paper products, household cleaning
items, health and beauty products, frozen foods, pet foods and supplies, and
any other edible product not previously listed 1, except for any food or
beverages prepared for immediate consumption on or off the premises of a food
service establishment1.
���� �Location� means consumer
geolocation data that is used to infer a consumer's identity, permanent
residence, or membership in a protected class.� �Location� shall not include
data used to fulfill a requested good or service 1[, calculate
operational costs, or assess supply, demand, and local marketplace conditions]1.
���� �Person� means any natural
person or a legal representative, partnership, corporation, company, trust,
business entity or association, and any agent, employee, salesman, partner,
officer, director, member, stockholder, associate, trustee or cestuis que
trustent thereof.
���� �Personal data� means any
information that is linked or is reasonably linkable to an identified or
identifiable 1[person] consumer1.
���� 1[�Personalized
algorithmic]
�Price� means a stated monetary amount advertised or offered to a consumer, including
prior to the application of a discount, when a hypothetical discount is proposed,
after a discount has been applied, or after all related costs, fees, and other
material terms of the transaction that directly affect the amount paid by the
consumer have been applied.� �Price� shall include an advertisement, price
advertisement, price reduction advertisement, and targeted discount as those
terms are defined in N.J.A.C.13:45A-9.1 or its successor regulation.
���� �Surveillance1
pricing� means 1an
action including1
a pricing strategy in which the price of groceries and other foodstuffs is 1, in
whole or in part,1
determined, adjusted, optimized, or recommended by an algorithm or automated
system, based, in whole or in part, on using personal data, including data
derived, or inferred from other data, and that results in price variation for
individual consumers or groups of consumers.� 1�Surveillance pricing�
shall include the pricing of groceries and other foodstuffs based on data
collected through electronic surveillance technology, which involves the use of
technological methods, systems, or tools including, but not limited to,
sensors, cameras, device tracking, biometric monitoring, and other forms of
observation or data collection capable of gathering information about a consumer�s
behavior, characteristics, location, or other personal attributes, whether in a
physical or digital environment.1
���� 1[�Surveillance
pricing� means any action taken to price groceries and other foodstuffs as
determined, adjusted, optimized, or recommended by an algorithm or automated
system, in whole or in part, based, in whole or in part, on personal data,
whether in physical or digital environments. This shall include, but not be
limited to, the use of technological methods, systems, or tools including, but
not limited to, sensors, cameras, device tracking, biometric monitoring, or
other forms of observation or data collection, capable of gathering information
about a person�s behavior, characteristics, location, or other personal
attributes, whether in physical or digital environments.]1
���� 3.��� a.� Notwithstanding any
law, regulation, or rule to the contrary, it shall be considered an unlawful
practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a person to
use 1[personalized
algorithmic pricing,]1
surveillance pricing 1[,]1
or any 1other1 pricing
strategy that determines or varies the sale price of groceries and other
foodstuffs based, in whole or in part, on personal data.
���� b.��� The provisions of this
section shall not prohibit any person from offering a different price on
groceries and other foodstuffs based upon:
���� (1)� reasonable costs
associated with providing groceries and other foodstuffs to different 1[persons] consumers,
provided that a price shall not be changed more than once in a 24-hour period1;
���� (2)� a bona fide discount for
which eligibility conditions or criteria are 1publicly and1
conspicuously disclosed and uniformly offered based upon those conditions or
criteria, and to which any member of a broadly defined group, including, but
not limited to a group of teachers or veterans, is eligible; or
���� (3)� a bona fide discount
offered as part of a loyalty program, including loyalty programs that allow the
accrual or exchange of points, credits, or any similar nonmonetary system of
value, or loyalty programs that offer 1discounts,
rebates, or1
coupons to individual 1[customers] consumers1 based
on their purchases 1and
loyalty programs that include pricing benefits offered by another person, �provided
that:
���� (a)�� consumers opt-in to
the loyalty program on a voluntary basis;
���� (b)� all members of the
loyalty program receive pricing benefits pursuant to uniform terms and
conditions;
���� (c)�� the loyalty program
provides clear and conspicuous disclosures of all pricing benefits, available
discounts, and data practices to participants, and shall, upon request, make
the disclosures available to the Division of Consumer Affairs in the Department
of Law and Public Safety no later than 14 days from the date the request was
made; and
���� (d)� the loyalty program
discloses all terms and conditions, and data practices to the public1.
���� c.��� To the extent a person
employs personal data to offer a difference in price on groceries and other
foodstuffs pursuant to subsection b. of this section, that personal data shall
not be used for any other purpose 2without
the consumer�s consent2.
���� 1[4. It shall be
considered an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et
seq.) for any person to use an electronic shelving label connected to any
technology that employs personalized algorithmic pricing, surveillance pricing,
or any pricing strategy that determines or varies the sale price of groceries
and other foodstuffs based, in whole or in part, on personal data.]1
���� 14.�� a.�
Notwithstanding any provision of law, rule, or regulation to the contrary,
there shall be a one-year moratorium on the new use of electronic shelf labels
in this State.� Upon the expiration of the moratorium, the new use of
electronic shelf labels shall be permitted in this State, provided that the new
use of electronic shelf labels are in compliance with the provisions of
P.L.1960, c.39 (C.56:8-1 et seq.) and any other applicable law, and any rule or
regulation promulgated by the Director of the Division of Consumer Affairs,
unless the Legislature enacts a law to the contrary.
���� b.��� Nothing in this section
shall be construed to prohibit a person from purchasing, installing, or
deploying new electronic shelf labels solely for the purpose of repairing or
replacing existing electronic shelf labels that were in operation at the same
place of business prior to the effective date of the moratorium.1
���� 1[5. If the
Attorney General has reason to believe that the interest of the residents of
this State has been or is threatened or adversely affected by an act or
practice of a person in violation of subsection a. of section 3 or of section 4
of this act, or a regulation promulgated pursuant to section 6 of this act, the
Attorney General may bring a civil action on behalf of the residents of this
State in any court of competent jurisdiction to:
���� a. Enjoin the act or practice;
���� b. Enforce compliance with the
provisions of this act;
���� c. Obtain for each violation,
in addition to any other penalty provided by law, actual monetary damages
incurred from the violation or $50,000, whichever is greater; or
���� d. Obtain, for each violation,
any other restitution, penalty, or relief the court may deem appropriate.]1
����� 15.� a.� Before and
during the moratorium established pursuant to subsection a. of section 4 of
this act, the New Jersey Innovation Authority 2[established]2 in
the Department of the Treasury 2established2 pursuant
to P.L.2025, c.190 (C.52:18A-234.8 et seq.), in consultation with the Division
of Consumer Affairs, shall conduct a study on the use of electronic shelf
labels.� The study shall examine, at a minimum:
���� (1)� the effects of the use
of electronic shelf labels; and
���� (2)� the impact of
electronic shelf labels on surveillance pricing.
���� b.��� No later than six
months before the end of the moratorium established pursuant to subsection a.
of section 4 of this act, the New Jersey Innovation Authority shall submit the
study�s findings and conclusions in a report, together with any recommendations
for legislative or administrative action, to the Governor and, pursuant to
section 2 of P.L.1991, c.164 2[(C:52:14-19.1)] (C.52:14-19.1)2, to
the Legislature.1
���� 16.�� Nothing
in this act shall be construed to apply to the pricing, advertisement, offer,
or sale of food or beverages by an establishment primarily engaged in the
preparation and sale of food or beverages for immediate consumption, whether
the food or beverages are consumed on or off the premises.1
���� 1[7. This act
shall take effect on the first day of the seventh month next following the date
of enactment, except that the Director of the Division of Consumer Affairs may
take any anticipatory administrative action in advance as shall be necessary
for the implementation of this act.]1
���� 17.�
In addition to any other authority provided by law or regulation, the Attorney
General may, for any violation of this act, or any regulations adopted pursuant
thereto, or when the Attorney General deems it to be in the public interest,
bring a civil action on behalf of the residents of this State in any court of
competent jurisdiction to:
���� a.��� enjoin the act or
practice;
���� b.��� enforce compliance
with the provisions of this act;
���� c.��� obtain for each
negligent or greater violation, in addition to any other penalty provided by
law, actual monetary damages incurred from the violation 2[or $50,000,
whichever is greater]2;
or
���� d.��� obtain, for each
violation, any other restitution, penalty, or relief the court may deem
appropriate.1
���� 1[6.] 8.1���� The
Director of the Division of Consumer Affairs in the Department of Law and
Public Safety may adopt rules and regulations pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.)
to effectuate the provisions of this act.
���� 19.�� This
act shall take effect on the first day of the 13th month next following the
date of enactment, except that: the provisions of section 4 shall take effect
on the first day of the seventh month next following the date of enactment; the
provisions of section 5 shall take effect immediately; and the Director of the
Division of Consumer Affairs and the Chief Innovation Officer of the New Jersey
Innovation Authority may take any anticipatory administrative action in advance
as shall be necessary for the implementation of this act.1