Pennsylvania HB 1797: An Act providing for modernization of unit pricing laws to improve transparency and consistency and for Department of Agriculture rulemaking authority; and imposing penalties.

Bill Text

PRINTER'S NO. 2210
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1797
Session of
2025
INTRODUCED BY GUZMAN, WEBSTER, HILL-EVANS, OTTEN, PIELLI,
RIVERA, SANCHEZ AND FIEDLER, AUGUST 10, 2025
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, AUGUST 11, 2025
AN ACT
Providing for modernization of unit pricing laws to improve
transparency and consistency and for Department of
Agriculture rulemaking authority; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Uniform Unit
Pricing Modernization Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Consumer commodity." Any food, beverage, household supply,
toiletry or other article of personal or domestic use that is
customarily consumed or used by individuals and offered for
retail sale in packaged form, including goods sold through e-
commerce platforms.
"Department." The Department of Agriculture of the
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Commonwealth.
"E-commerce." The sale of consumer commodities through an
online platform, including a website, mobile application or
other Internet-based interface, where consumers may view, select
and purchase products.
"Electronic shelf label." A digital or electronic display
device used by retailers to show product pricing and
information.
"NIST." The National Institute of Standards and Technology.
"Small retailer." A retail establishment that operates no
more than three physical locations within this Commonwealth and
has annual gross sales of less than $1,000,000, as determined by
the department through regulation.
"Unit price." The price per standard unit of measure at
which a product is offered for sale.
Section 3. Applicability and requirements.
(a) Price display.--Retailers operating in this Commonwealth
shall display unit prices for consumer commodities offered for
sale in the retailer's establishments.
(b) Unit prices.--Unit prices must be:
(1) Clearly and conspicuously displayed adjacent to the
item or on the item's shelf tag.
(2) Provided per common unit of measurement.
(3) Consistent in format with NIST Special Publication
1181 (relating to Unit Pricing Guide: A Best Practice
Approach to Unit Pricing) standards in effect on the
effective date of this paragraph, including formatting for
digital or electronic displays.
(c) Digital availability.--Retailers utilizing e-commerce
platforms or electronic shelf labels shall ensure that unit
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prices are made available digitally in a uniform and accessible
manner consistent with NIST guidance and in accordance with
department regulations.
(d) Exclusions.--Exceptions and waivers may be granted by
the department for limited product types or in cases of hardship
for small retailers, pursuant to regulations promulgated under
this act. The following shall apply:
(1) The department shall establish by regulation the
criteria and procedures for requesting a waiver under this
subsection.
(2) Waivers shall be granted on a case-by-case basis and
shall be time-limited unless renewed upon showing of
continued hardship or justified cause.
(3) Each waiver decision shall be made publicly
available in accordance with department policy.
Section 4. Enforcement.
(a) Regulations.--The department, in consultation with the
Office of Attorney General, Bureau of Consumer Protection, shall
adopt regulations to implement and enforce this act.
(b) Penalties.--Penalties for violations under this act
shall be subject to enforcement actions and fines as determined
by the Office of Attorney General, Bureau of Consumer
Protection.
(c) Deposit.--Penalty fees collected under this act shall be
deposited into the General Fund.
Section 5. Rulemaking authority.
The department may promulgate regulations to align with
updates to NIST Handbook 130 and Special Publication 1181 as
they become available by transmitting notice to the Legislative
Reference Bureau for publication in the next available issue of
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the Pennsylvania Bulletin. The notice shall have the effect of
law and shall not be subject to review under the act of June 25,
1982 (P.L.633, No.181), known as the Regulatory Review Act.
Section 6. Effective date.
This act shall take effect in 180 days.
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