Vermont H 371: An act relating to removal of criminal penalties for possessing, dispensing, or selling psilocybin and establishment of the Psychedelic Therapy Advisory Working Group

Bill Text

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, Coffin of Cavendish, Logan of Burlington, McGill 3
of Bridport, Nelson of Derby, Nigro of Bennington, Pouech of 4
Hinesburg, Priestley of Bradford, and Sibilia of Dover 5
Referred to Committee on 6
Date: 7
Subject: Consumer protection; weights and measures; dynamic pricing 8
Statement of purpose of bill as introduced: This bill proposes to establish a 9
moratorium on the use of electronic shelf labels or dynamic pricing by retailers 10
selling consumer commodities in the State. The moratorium would be 11
effective until January 15, 2027. During the moratorium, the bill would 12
require the Secretary of Agriculture, Food and Markets to report to the General 13
Assembly regarding the use of electronic shelf labels or dynamic pricing and 14
how to protect consumers. When the moratorium expires, provisions regarding 15
the use of electronic shelf labels or dynamic pricing would go into effect. 16
An act relating to the use of dynamic pricing by retail establishments 17
It is hereby enacted by the General Assembly of the State of Vermont: 18
Sec. 1. 6 V.S.A. § 681 is amended to read: 19
§ 681. DEFINITIONS 20

BILL AS INTRODUCED H.371
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VT LEG #379301 v.1
As used in this chapter: 1
(1) “Secretary” means the Secretary of Agriculture, Food and Markets. 2
(2) “Consumer commodity” means any food, drug, device, or cosmetic 3
and other article, product, or commodity of any other kind or class, except for 4
drugs sold only by prescription: 5
(A) that are customarily produced for sale to retail sales agencies or 6
instrumentalities for consumption by individuals, for use by individuals for 7
purposes of personal care, or in the performance of services ordinarily 8
rendered in or around the household; and 9
(B) that usually are consumed or expended in the course of such 10
consumption or use. 11
(2) “Dynamic pricing” means the use of artificial intelligence to adjust 12
the prices on the electronic shelf labels of consumer commodities at any given 13
moment. 14
(3) “Electronic shelf labels” are digital wireless display systems that 15
retailers use to show product prices at the point of sale. 16
(4) “Point of sale” means the point at which consumer commodities are 17
offered and displayed for retail sale in such a manner that the consumer may 18
examine and select commodities for purchase without the assistance of sales 19
personnel. 20

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VT LEG #379301 v.1
(5) “Retailer” means a person who sells a consumer commodity in the 1
State at points of sale. 2
(6) “Secretary” means the Secretary of Agriculture, Food and Markets. 3
(3)(7) “Unit price” of a consumer commodity means the retail price of a 4
consumer commodity expressed in terms of the retail price of such commodity 5
per such unit of weight, measure, or count as the Secretary designates, 6
computed to the nearest whole cent or fraction thereof as the Secretary 7
designates. 8
Sec. 2. 6 V.S.A. § 684 is added to read: 9
§ 684. USE OF ELECTRONIC SHELF LABELS; DYNAMIC PRICING 10
(a) A retailer selling a consumer commodity in the State may use electronic 11
shelf labels to disclose to consumers the retail price and unit price of the 12
consumer commodity for sale. 13
(b) A retailer using electronic shelf labels shall not use dynamic pricing to 14
alter the retail price or unit price of a consumer commodity while the retailer is 15
open to the public. 16
(c) A retailer shall not alter the retail price or unit price of a consumer 17
commodity until at least 24 hours since the last alteration to the retail price or 18
unit price for the consumer commodity. 19
Sec. 3. REPORT ON USE OF ELECTRONIC SHELF LABELS DYNAMIC 20
PRICING; MORATORIUM 21

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VT LEG #379301 v.1
(a) As used in this section: 1
(1) “Consumer commodity” means any food, drug, device, or cosmetic 2
and other article, product, or commodity of any other kind or class, except for 3
drugs sold only by prescription: 4
(A) that are customarily produced for sale to retail sales agencies or 5
instrumentalities for consumption by individuals, for use by individuals for 6
purposes of personal care, or in the performance of services ordinarily 7
rendered in or around the household; and 8
(B) that usually are consumed or expended in the course of such 9
consumption or use. 10
(2) “Dynamic pricing” means the use of artificial intelligence to adjust 11
the prices on the electronic shelf labels of consumer commodities at any given 12
moment. 13
(3) “Electronic shelf labels” are digital wireless display systems that 14
retailers use to show product prices at the point of sale. 15
(4) “Point of sale” means the point at which consumer commodities are 16
offered and displayed for retail sale in such a manner that the consumer may 17
examine and select commodities for purchase without