SF 4711

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/26/2026 09:23 a.m.

A bill for an act
relating to consumer protection; prohibiting predatory pricing; proposing coding
for new law in Minnesota Statutes, chapter 325D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325D.141] FOOD RETAIL ESTABLISHMENTS; PROHIBITION ON
SURVEILLANCE PRICING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Algorithm" means a computational process that uses a set of rules to define a
sequence of operation, including but not limited to artificial intelligence systems and
facial-recognition software.
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new text begin (c) "Consumer" means an individual who purchases goods from a food retail
establishment for personal, family, or household use.
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new text begin (d) "Consumer data" means any data that identifies or could reasonably be directly or
indirectly linked to a specific device. Consumer data excludes location data.
new text end

new text begin (e) "Electronic shelving labels" means individual electronic or wireless paper displays
that present product and pricing information.
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new text begin (f) "Food retail establishment" means a retail store that:
new text end

new text begin (1) is over 10,000 square feet in size and primarily sells household foodstuff for off-site
use, including fresh produce, meats, poultry, fish, deli products, dairy products, canned
foods, dry foods, beverages, baked foods, or prepared foods; or
new text end

new text begin (2) is over 85,000 square feet in size and dedicates at least ten percent of the store's sales
floor area to the sale of foodstuff, including fresh produce, meats, poultry, fish, deli products,
dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods.
new text end

new text begin (g) "Personalized algorithmic pricing" means surveillance pricing derived from or set
by an algorithm that uses consumer data that may vary among consumers or groups of
consumers.
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new text begin (h) "Protected class data" means information about an individual or group that directly,
in combination, or by implication identifies a characteristic that is legally protected from
discrimination under state or federal law, including but not limited to ethnicity, national
origin, age, disability, sex, sexual orientation, gender identity and expression, pregnancy
outcomes, and reproductive health care.
new text end

new text begin (i) "Surveillance pricing" means offering or setting a customized price for a good for a
specific consumer or group of consumers based in whole or in part on consumer data
collected through electronic surveillance technology. Surveillance pricing includes the use
of technological methods, systems, or tools, including but not limited to sensors, cameras,
device tracking, biometric monitoring, or other forms of observation or data collection, that
are capable of gathering covered information about a consumer's behavior, characteristics,
location, or other personal attributes, whether in physical or digital environments.
new text end

new text begin Subd. 2. new text end

new text begin Predatory pricing prohibited. new text end

new text begin A food retail establishment must not:
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new text begin (1) use electronic shelving labels;
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new text begin (2) engage in personalized algorithmic pricing or surveillance pricing;
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new text begin (3) collect data on individuals under 17 years of age; or
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new text begin (4) use protected class data to set a price for, offer, market, or sell a good if the:
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new text begin (i) use of the data has the effect of withholding or denying an accommodation, advantage,
or privilege accorded to others; or
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new text begin (ii) price for the good is different from the price offered to other individuals or groups
based in whole or in part on the use of protected class data.
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new text begin Subd. 3. new text end

new text begin Exclusions. new text end

new text begin Nothing in this section:
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new text begin (1) prohibits a food retail establishment from providing consumers a discount,
promotional price, or loyalty program benefit based on previous purchase history;
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new text begin (2) applies to financial services, including but not limited to state or federally chartered
banks, credit unions, and trust companies; mortgage loan originators; broker-dealers; or
investment advisors; and
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new text begin (3) applies to an insurer licensed or authorized to do business in Minnesota.
new text end