No Personal Data in Grocery Pricing Act

this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. Any person who violates such subsection or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (3) Regulations.-- (A) In general.--The Commission may promulgate regulations under section 553 of title 5, United States Code, to carry out this section, including any regulation that: (i) Clarifies the terms defined in subsection (e). (ii) Clarifies the practices described in subsection (a)(2). (iii) Establishes additional permitted practices, if the Commission determines that the practice does not use facial recognition technology or other biometric data and does not result in a consumer being charged more than the generally available price based on the personal data of the consumer. (iv) Identifies and prohibits acts or practices, or combinations of acts or practices, that evade or are designed to evade a prohibition under subsection (a)(1), including through the use of fees, discounts, promotions, price corrections, changes to items, or the routing of online orders. (B) Limitation.--A regulation promulgated under subparagraph (A)(iv) may not permit any act or practice prohibited under subsection (a). (4) Authority preserved.--Nothing in this section may be construed to limit the authority of the Commission under any other provision of law. (c) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person in a practice that violates subsection (a) or a regulation promulgated under this section, the attorney general of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to-- (A) enjoin that practice; (B) enforce compliance with this section or such regulation; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice to commission.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State shall provide to the Commission written notice of the action and a copy of the complaint for the action. (B) Exception.--If the attorney general of a State determines that it is not feasible to provide the notice described in subparagraph (A) before filing the action, the attorney general shall provide the notice and copy of the complaint to the Commission at the same time as the attorney general files the action. (3) Intervention.--Upon receiving notice under paragraph (2), the Commission may intervene in the action and, upon intervening-- (A) be heard on all matters arising in the action; and (B) file petitions for appeal. (4) Pending action by commission.--If the Commission has instituted a civil action for a violation of subsection (a) or a regulation promulgated under this section, no attorney general of a State may, during the pendency of that action, bring an action under paragraph (1) against any defendant named in the complaint of the Commission for the violation alleged in that complaint. (d) Relation to State Law.--This section does not annul, alter, affect, or exempt any person subject to this section from complying with the law of any State with respect to pricing practices, except to the extent that the law is inconsistent with this section and then only to the extent of the inconsistency. For purposes of this subsection, a State law is not inconsistent with this section if the protection that the law affords any consumer is greater than the protection provided by this section. (e) Definitions.--In this section: (1) Automated decision system.--The term ``automated decision system'' means a system, software, or process that uses computation, including machine learning, statistics, or other data processing or artificial intelligence techniques, to assist, inform, or perform decision-making. (2) Biometric data.--The term ``biometric data'' means information generated from the measurement or technological processing of the physical or biological characteristics of an individual, including facial geometry, fingerprints, voiceprints, iris or retina patterns, and gait. (3) Commission.--The term ``Commission'' means the Federal Trade Commission. (4) Consumer.--The term ``consumer'' means an individual who purchases or seeks to purchase an item for personal, family, or household purposes. (5) Coupon.--The term ``coupon'' means a paper or digital offer, issued by a covered operator or a manufacturer, that a consumer may redeem for a reduction from the generally available price of an item. (6) Covered online platform.--The term ``covered online platform'' means a website, mobile application, or other online service through which a covered operator, or a person acting on behalf of a covered operator, offers items from a covered store for sale to consumers. (7) Covered operator.--The term ``covered operator'' means a person that operates a covered store. (8) Covered store.--The term ``covered store'' means a retail food store with not less than 15,000 square feet of retail sales floor space. (9) Dynamic pricing.--The term ``dynamic pricing'' means increasing the price of an item, including through the use of an automated decision system, based in whole or in part on-- (A) the times at which a consumer, or categories of consumers, is expected to be present at a covered store or using a covered online platform, including the beginning or end of a work shift or school day; or (B) the demographic, economic, or other characteristic of a consumer, or categories of consumers, expected to be present at a covered store or using a covered online platform, including age, race, ethnicity, sex, income, wage, occupation, or employment status. (10) Facial recognition technology.--The term ``facial recognition technology'' means technology that analyzes the face of an individual to identify the individual or to infer characteristics of the individual, including age, sex, emotional state, or behavior. (11) Generally available price.--The term ``generally available price'' means the price at which an item is offered to all consumers at a covered store, or through a covered online platform, at a given time, without regard to the personal data of any consumer. (12) Individualized pricing.--The term ``individualized pricing'' means offering or charging a consumer a price for an item that differs from the generally available price, based in whole or in part on the personal data of the consumer, including through the use of an automated decision system. (13) Item.--The term ``item'' means a good offered for sale to consumers by a covered operator. (14) Personal data.--The term ``personal data'' means information that identifies, or is linked or reasonably linkable to, a consumer, a household, or a device linked to a consumer or household, including purchase history, location, biometric data, and inferences derived from such information. (15) Price.--The term ``price'' means the total amount a consumer is charged for an item, including any fee or surcharge, and does not include any applicable tax. (16) Retail food store.--The term ``retail food store'' has the meaning given the term in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012). (17) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (f) Effective Date.--This section shall take effect 1 year after the date of the enactment of this section. <all>