Senate Bill Report - SB 6312, Price Discrimination and Surge Pricing for Retail Goods (As of January 29, 2026)

Summary

This Senate Bill Report on SB 6312 is dated as of January 29, 2026, and records Business, Trade & Economic Development committee activity on 1/28/26. The bill specifies pricing practices for retail grocery establishments, including clearly posting prices and prohibiting surveillance-based price discrimination and surge pricing. It prohibits electronic shelf label systems until January 1, 2030, and small independent businesses with less than 50 employees are excluded from the pricing requirements. Violations are deemed an unfair or deceptive act under the Consumer Protection Act. The Department of Commerce must report to the Legislature with findings and recommendations by June 30, 2029.

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Full text

SENATE BILL REPORT
SB 6312

As of January 29, 2026

Title: An act relating to prohibiting surveillance-based price discrimination and surge pricing
for retail goods.

Brief Description: Prohibiting surveillance-based price discrimination and surge pricing for
retail goods.

Sponsors: Senators Saldaña, Alvarado, Conway, Dhingra, Frame, Hasegawa, Lovelett, Nobles,
Shewmake, Stanford and Valdez.

Brief History:
Committee Activity: Business, Trade & Economic Development: 1/28/26.

Brief Summary of Bill
• Specifies pricing practices for a business that sells retail products in a
grocery store, including clearly posting the price and prohibiting the use
of surveillance pricing or surge pricing.
• Prohibits the use of electronic shelf label systems in retail stores larger
than 15,000 square feet until January 1, 2030.
• Specifies that violation of the pricing practices is an unfair or deceptive
act under the Consumer Protection Act.
• Requires the Department of Commerce to study the use of electronic
shelf label systems and report on price transparency and employee job
security by June 30, 2029.

SENATE COMMITTEE ON BUSINESS, TRADE & ECONOMIC DEVELOPMENT

Staff: William Bridges (786-7312)

This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.

Senate Bill Report -1- SB 6312
Background: Dynamic Pricing. Dynamic pricing, also referred to as surge pricing or
variable pricing, occurs when a business changes the price of retail goods based on an
individual user or demand for the goods. Some businesses use algorithms to consider
competitor pricing, supply and demand, or other market factors.

Grocery Establishment. A grocery establishment is defined in state law as a retail store that
is over 15,000 square feet in size and that sells primarily household foodstuffs for off-site
consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy
products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other
household supplies or other products must be secondary to the primary purpose of food
sales.

Consumer Protection Act. The Consumer Protection Act (CPA) allows a person injured by
an unfair or deceptive practice to bring a private cause of action for actual damages,
injunctive relief, reasonable attorney's fees, and treble damages. The Office of the Attorney
General may investigate and prosecute claims under the CPA on behalf of the state or
individuals in the state as well.

Summary of Bill: Limiting Business Price Modifications of Certain Retail Goods in
Grocery Establishments. Retail grocery establishments are required to take the following
specified actions regarding the pricing of retail goods:
• an establishment must clearly post the price of goods in a retail location;
• an establishment may not use surveillance-based price discrimination to modify the
price of goods for a consumer—surveillance-based price discrimination means the
practice of altering the price of goods based on analysis of individual data associated
with that consumer;
• an establishment is prohibited from using surge pricing to modify the price of
goods—surge pricing means increasing the price of a good or service based on
demand or willingness to pay; and
• an establishment may not use an electronic shelf label system in a retail store 15,000
square feet or larger until January 1, 2030—electronic shelf label system means the
use of technology to display prices, when that technology has the capacity to use
consumer data to change the price of goods.

Providing Exceptions. Small independent businesses, with less than 50 employees, are
excluded from the pricing requirements. Reducing a posted price through a loyalty or
reward program is not considered surveillance-based price discrimination or surge pricing.

Providing for Enforcement. Violations of requirements relating to pricing practices are
deemed to affect the public interest and constitute an unfair or deceptive act in trade or
commerce for purposes of the CPA.

Defining Terms. Goods are defined as retail products for sale in a grocery establishment.
Numerous other terms are defined, including algorithm, personalized pricing or algorithmic

Senate Bill Report -2- SB 6312
pricing, and surveillance pricing, among others.

Requiring a Department of Commerce Study of Electronic Shelf Labels. The Department of
Commerce is required to study the use and impact of electronic shelf label systems on
pricing transparency and employee job security. The Department of Commerce must
submit a report to the Legislature with findings and recommendations by June 30, 2029.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Senate Bill Report -3- SB 6312

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