Senate bill · S8616 (2025-26)

Establishes the "protecting consumers and jobs from discriminatory pricing act"

New York State Senate

Same as A9396, the matching bill in the Assembly.

Latest action Jun 5, 2026

Sponsor: Michael Gianaris (Democratic/Working Families)

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From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 22, 2026. About our data

Summary

Prohibits the use of electronic shelving labels, digital shelf display technology, and surveillance pricing in food retail establishments and drug retail establishments; provides injunctive relief and civil penalties.

Summary from NY Open Legislation. How we handle summaries

Amends the General Business Law.

Purpose, from the sponsor's memo

To make it unlawful for grocery stores and drug stores to engage in surveillance pricing.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

Committee

Consumer Affairs and Protection · New York State Assembly

Also referred to Consumer Protection · New York State Senate, Rules · New York State Assembly, Rules · New York State Senate, Ways and Means · New York State Assembly.

Your position on this bill

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Cosponsors

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate

Democratic63

Shown in neutral colors by design; Agora is non-partisan.

Show the full list (63 names)

The sponsor's argument

Why Michael Gianaris says this is needed

Advancements in algorithms, artificial intelligence, and electronic shelving label technology have made it possible for companies to set prices based on personal or protected data. If left unchecked, companies could potentially use this technology to engage in discriminatory pric- ing and violate consumer privacy rights. This technology also poses a threat to numerous jobs across New York State, thus stifling economic growth and putting the livelihoods of many citizens at risk. Despite the dangers posed by this emerging technology, there are currently no prohibitions in place to protect New Yorkers in a meaning- ful way. While offering goods at different prices due to customer demand is not new, there are subtle and important differences between price optimization and discriminatory pricing schemes, such as surveillance pricing and electronic shelving labels which exploit consumers' personal and protected data to maximize profits. New Yorkers are already feeling squeezed by the high price of everything, especially groceries and over- the-counter medication. This state should not stand idly by while companies develop new and innovative ways to monetize our personal information. This bill would, thus, make it unlawful for grocery stores and drug stores to engage in personalized algorithmic pricing and surveillance pricing. These stores would also be barred from using elec- tronic shelving technology in order to ensure compliance with these new pricing rules.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

Vote: Floor vote
NY SenateJun 4, 2026Result: passed
(50) (10) (0) (3)
Vote: Floor vote
NY SenateMay 13, 2026Result: passed
(50) (10) (0) (3)
Vote: Committee vote · Consumer Protection
Senate Consumer ProtectionMay 12, 2026Result: passed
(17) (3) (0) (1)
Vote: Committee vote · Rules
Senate RulesMay 11, 2026Result: passed
(17) (3) (0) (1)

Full history

Jun 5, 2026
Ordered to Third Reading Rules CAL.545
ORDERED TO THIRD READING RULES CAL.545
NY Assembly
Jun 5, 2026
Reported out of committee
REPORTED
NY Assembly
Jun 5, 2026
Substituted
SUBSTITUTED FOR A9396B
NY Assembly
Jun 4, 2026
Referred to committee
REFERRED TO WAYS AND MEANS
NY Assembly
Jun 4, 2026
Passed a chamber
REPASSED SENATE
NY Senate

Show full history (18 earlier events)

Jun 4, 2026
Returned to Assembly
RETURNED TO ASSEMBLY
NY Senate
Jun 3, 2026
Reported out of committee
REPORTED REFERRED TO RULES
NY Assembly
May 29, 2026
Amended
AMENDED ON THIRD READING 8616B
NY Senate
May 29, 2026
Recalled From Assembly
RECALLED FROM ASSEMBLY
NY Senate
May 29, 2026
Returned to Senate
RETURNED TO SENATE
NY Assembly
May 28, 2026
Amend and Recommit to Codes
AMEND AND RECOMMIT TO CODES
NY Assembly
May 13, 2026
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
May 13, 2026
Passed a chamber
PASSED SENATE
NY Senate
May 13, 2026
Referred to committee
REFERRED TO CONSUMER AFFAIRS AND PROTECTION
NY Assembly
May 12, 2026
Ordered to Third Reading CAL.1009
ORDERED TO THIRD READING CAL.1009
NY Senate
May 12, 2026
Reported out of committee
REPORTED AND COMMITTED TO RULES
NY Senate
May 11, 2026
Reported out of committee
REPORTED REFERRED TO CODES
NY Assembly
May 7, 2026
Amend and Recommit to Consumer Protection
AMEND AND RECOMMIT TO CONSUMER PROTECTION
NY Senate
May 1, 2026
Amend and Recommit to Consumer Affairs and Protection
AMEND AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO CONSUMER AFFAIRS AND PROTECTION
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO CONSUMER PROTECTION
NY Senate
Dec 19, 2025
Referred to committee
REFERRED TO CONSUMER AFFAIRS AND PROTECTION
NY Assembly
Dec 12, 2025
Referred to committee
REFERRED TO RULES
NY Senate

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.