S 3612 — Establishes "Fair Price Protection Act."*

S3612 S3717 1R2R SCS [First[Second Reprint]   SENATE COMMITTEE SUBSTITUTE FOR SENATE, Nos.

Senators Scutari, McKnight, Moriarty, Polistina, Turner, Beach, DiegnanDiegnan, Stack and StackTimberlake         SYNOPSIS      Establishes “Fair Price Protection Act.”   CURRENT VERSION OF TEXT      As reported by the Senate Budget and Appropriations Committee on June 24,28, 2026, with amendments.

       An Act concerning price setting and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).

     (1)  (1)  reasonable costs associated with providing groceries and other foodstuffs to different 1[persons] consumers, provided that a price shall not be changed more than once in a 24-hour period1;

     (2)  (2)  a bona fide discount for which eligibility conditions or criteria are 1publicly and1 conspicuously disclosed and uniformly offered based upon those conditions or criteria, and to which any member of a broadly defined group, including, but not limited to a group of teachers or veterans, is eligible;

or      (3)  (3)  a bona fide discount offered as part of a loyalty program, including loyalty programs that allow the accrual or exchange of points, credits, or any similar nonmonetary system of value, or loyalty programs that offer 1discounts, rebates, or1 coupons to individual 1[customers] consumers1 based on their purchases 1and loyalty programs that include pricing benefits offered by another person,  provided that:

     (b)  (b)  all members of the loyalty program receive pricing benefits pursuant to uniform terms and conditions;

and      (d)  (d)  the loyalty program discloses all terms and conditions, and data practices to the public1.

     c.    c.    To the extent a person employs personal data to offer a difference in price on groceries and other foodstuffs pursuant to subsection b.

of this section, that personal data shall not be used for any other purpose.purpose 2without the consumer’s consent2.

Obtain, for each violation, any other restitution, penalty, or relief the court may deem appropriate.]1             15.  a.  Before and during the moratorium established pursuant to subsection a.

of section 4 of this act, the New Jersey Innovation Authority established2[established]2 in the Department of the Treasury 2established2 pursuant to P.L.2025, c.190 (C.52:18A-234.8 et seq.), in consultation with the Division of Consumer Affairs, shall conduct a study on the use of electronic shelf labels.  The study shall examine, at a minimum:

     (1)  (1)  the effects of the use of electronic shelf labels;

and      (2)  (2)  the impact of electronic shelf labels on surveillance pricing.

of section 4 of this act, the New Jersey Innovation Authority shall submit the study’s findings and conclusions in a report, together with any recommendations for legislative or administrative action, to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C:52:14-19.1),2[(C:52:14-19.1)] (C.52:14-19.1)2, to the Legislature.1        16.   Nothing in this act shall be construed to apply to the pricing, advertisement, offer, or sale of food or beverages by an establishment primarily engaged in the preparation and sale of food or beverages for immediate consumption, whether the food or beverages are consumed on or off the premises.1        1[7.

This act shall take effect on the first day of the seventh month next following the date of enactment, except that the Director of the Division of Consumer Affairs may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.]1        17.  In addition to any other authority provided by law or regulation, the Attorney General may, for any violation of this act, or any regulations adopted pursuant thereto, or when the Attorney General deems it to be in the public interest, bring a civil action on behalf of the residents of this State in any court of competent jurisdiction to:

     a.    a.    enjoin the act or practice;

     c.    c.    obtain for each negligent or greater violation, in addition to any other penalty provided by law, actual monetary damages incurred from the violation or2[or $50,000, whichever is greater;greater]2;