The proposed bill amends the Michigan Food Law by adding Section 5102, which prohibits retail grocers from using dynamic pricing for food sales. Under this new regulation, any price adjustments due to spoilage, restocking, or time-limited promotions must be made by an employee, applied uniformly to all customers, and clearly posted both on product shelves and customer receipts. Additionally, while digital price tags can be used to display food prices, the displayed price must match the price charged at the point of sale and cannot be subject to dynamic pricing.

The bill also requires retail grocers to maintain records of all price changes for a period of 12 months, including the reasons for those changes, and to make these records available to the department or attorney general upon request. Violations of this section would be considered a breach of the Michigan Consumer Protection Act. The bill defines "dynamic pricing" and "digital price tag," and it clarifies that customers can still use uniformly available coupons, loyalty discounts, or manufacturer rebates. The enactment of this bill is contingent upon the passage of related legislation.

Statutes affected:
House Introduced Bill: 289.1101, 289.8111