Minnesota SF 4711: Predatory pricing prohibition

Bill Text

1.1 A bill for an act​
1.2 relating to consumer protection; prohibiting predatory pricing; proposing coding​
1.3 for new law in Minnesota Statutes, chapter 325D.​
1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.5 Section 1. [325D.141] FOOD RETAIL ESTABLISHMENTS; PROHIBITION ON​
1.6 SURVEILLANCE PRICING.​
1.7 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have​
1.8 the meanings given.​
1.9 (b) "Algorithm" means a computational process that uses a set of rules to define a​
1.10 sequence of operation, including but not limited to artificial intelligence systems and​
1.11 facial-recognition software.​
1.12 (c) "Consumer" means an individual who purchases goods from a food retail​
1.13 establishment for personal, family, or household use.​
1.14 (d) "Consumer data" means any data that identifies or could reasonably be directly or​
1.15 indirectly linked to a specific device. Consumer data excludes location data.​
1.16 (e) "Electronic shelving labels" means individual electronic or wireless paper displays​
1.17 that present product and pricing information.​
1.18 (f) "Food retail establishment" means a retail store that:​
1.19 (1) is over 10,000 square feet in size and primarily sells household foodstuff for off-site​
1.20 use, including fresh produce, meats, poultry, fish, deli products, dairy products, canned​
1.21 foods, dry foods, beverages, baked foods, or prepared foods; or​
1​Section 1.​
26-07347 as introduced​03/16/26 REVISOR RSI/BH​
SENATE​
STATE OF MINNESOTA​
S.F. No. 4711​NINETY-FOURTH SESSION​
(SENATE AUTHORS: PORT, Klein, Maye Quade, McEwen and Champion)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​6909​03/23/2026​
Referred to Commerce and Consumer Protection​
Author added Champion​6994​03/25/2026​

2.1 (2) is over 85,000 square feet in size and dedicates at least ten percent of the store's sales​
2.2 floor area to the sale of foodstuff, including fresh produce, meats, poultry, fish, deli products,​
2.3 dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods.​
2.4 (g) "Personalized algorithmic pricing" means surveillance pricing derived from or set​
2.5 by an algorithm that uses consumer data that may vary among consumers or groups of​
2.6 consumers.​
2.7 (h) "Protected class data" means information about an individual or group that directly,​
2.8 in combination, or by implication identifies a characteristic that is legally protected from​
2.9 discrimination under state or federal law, including but not limited to ethnicity, national​
2.10 origin, age, disability, sex, sexual orientation, gender identity and expression, pregnancy​
2.11 outcomes, and reproductive health care.​
2.12 (i) "Surveillance pricing" means offering or setting a customized price for a good for a​
2.13 specific consumer or group of consumers based in whole or in part on consumer data​
2.14 collected through electronic surveillance technology. Surveillance pricing includes the use​
2.15 of technological methods, systems, or tools, including but not limited to sensors, cameras,​
2.16 device tracking, biometric monitoring, or other forms of observation or data collection, that​
2.17 are capable of gathering covered information about a consumer's behavior, characteristics,​
2.18 location, or other personal attributes, whether in physical or digital environments.​
2.19 Subd. 2.Predatory pricing prohibited.A food retail establishment must not:​
2.20 (1) use electronic shelving labels;​
2.21 (2) engage in personalized algorithmic pricing or surveillance pricing;​
2.22 (3) collect data on individuals under 17 years of age; or​
2.23 (4) use protected class data to set a price for, offer, market, or sell a good if the:​
2.24 (i) use of the data has the effect of withholding or denying an accommodation, advantage,​
2.25 or privilege accorded to others; or​
2.26 (ii) price for the good is different from the price offered to other individuals or groups​
2.27 based in whole or in part on the use of protected class data.​
2.28 Subd. 3.Exclusions.Nothing in this section:​
2.29 (1) prohibits a food retail establishment from providing consumers a discount,​
2.30 promotional price, or loyalty program benefit based on previous purchase history;​
2​Section 1.​
26-07347 as introduced​03/16/26 REVISOR RSI/BH​

3.1 (2) applies to financial services, including but not limited to state or federally chartered​
3.2 banks, credit unions, and trust companies; mortgage loan originators; broker-dealers; or​
3.3 investment advisors; and​
3.4 (3) applies to an insurer licensed or authorized to do business in Minnesota.​
3​Section 1.​
26-07347 as introduced​03/16/26 REVISOR RSI/BH​