An Act to Protect Consumers from Unfair Dynamic Pricing in
Maine Legislature, Session 132, LD 1907
Committee: Housing and Economic Development
Sponsors: DAUGHTRY
Amends: 10 MRSA §1202, 10 MRSA §1204-B

Legislative Document
No. 1907
S.P. 748
In Senate, May 6, 2025
An Act to Protect Consumers from Unfair Dynamic Pricing in 
Grocery Stores
Reference to the Committee on Housing and Economic Development suggested and 
ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President DAUGHTRY of Cumberland.
Cosponsored by Senators: CURRY of Waldo, NANGLE of Cumberland, RENY of Lincoln, 
TIPPING of Penobscot, Representatives: ARFORD of Brunswick, WEBB of Durham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA §1202, sub-§4-A is enacted to read:
4-A.  Dynamic pricing.  "Dynamic pricing" means a digital process that uses a 
software program to determine or change the price of a good or service displayed on an 
electronic shelf label in a grocery store.
Sec. 2.  10 MRSA §1202, sub-§4-B is enacted to read:
4-B.  Electronic shelf label.  "Electronic shelf label" means a digital label or price tag 
that displays the price of a good or service offered by a grocery store.
Sec. 3.  10 MRSA §1202, sub-§4-C is enacted to read:
4-C.  Grocery store.  "Grocery store" means a store that is part of a chain with 15 or 
more locations nationally doing business under the same name or as part of a corporation 
that is primarily engaged in the retail sale of canned food, dry goods, frozen food, dairy 
products, fresh fruits and vegetables and fresh meats, fish and poultry.  "Grocery store" 
includes a convenience store, but does not include a separately owned eating establishment 
located within a grocery store.
Sec. 4.  10 MRSA §1204-B is enacted to read:
§1204-B.  Certain dynamic pricing prohibited; notice
1.  Prohibition.  A grocery store may not engage in dynamic pricing more than once 
in a 48-hour period during a severe weather event, a natural disaster, a supply chain 
disruption or another event that can cause a sudden increased demand for goods or services.
2.  Allowable use; notice.  Except as prohibited pursuant to subsection 1, a grocery 
store may use dynamic pricing if it provides notice to its customers using conspicuous 
signage indicating:
A. That dynamic pricing is being used in the grocery store and how it works;
B.  What factors are used by the grocery store to change the price of a good or service; 
and
C.  That it is an unfair or deceptive trade practice to use dynamic pricing more than 
once in a 48-hour period during a severe weather event, a natural disaster, a supply 
chain disruption or another event that can cause a sudden increased demand for goods 
or services.
3.  Violation is unfair trade practice.  A grocery store engaging in dynamic pricing 
in violation of this section commits an unfair trade practice under Title 5, chapter 10.
SUMMARY
This bill amends the Unfair Sales Act to prohibit the use of dynamic pricing by grocery 
stores to electronically change the price of a good or service offered by that grocery store 
more than once in a 48-hour period during a severe weather event, a natural disaster, a 
supply chain disruption or another event that can cause a sudden increased demand for 
goods or services.  Dynamic pricing may be used at other times as long as notice of its use 
is provided to the customers of the grocery store using conspicuous signage describing how 
and when the grocery store uses dynamic pricing.
A violation of the bill's provisions is considered an unfair trade practice, subject to the 
penalties imposed for a violation of the Maine Unfair Trade Practices Act.