Prohibition on surveillance-based price setting

(a) Prohibition An operator of a retail food store may not engage in surveillance-based price setting, including by— (1) adjusting the price of any item for a consumer (directly or indirectly) based on the personal information of the consumer, including such personal information collected using facial recognition technology; and (2) using an electronic shelf label to change the price of an item for a consumer based on the personal information of such consumer. (b) General exceptions An operator of a retail food store does not engage in surveillance-based price setting in violation of subsection (a) if the retail food store demonstrates to the Commission that each of the following conditions is met: (1) A difference in the price of an item is based solely on reasonable costs associated with providing the item to different consumers. (2) A discounted price of an item is offered to members of a particular group that relates to occupation, age, military service, student status, or other factors approved by the Commission, based on publicly disclosed eligibility criteria. (3) Any discount or reward with respect to an item is offered uniformly to all consumers who meet the disclosed eligibility criteria. (4) Any personal information is used solely to offer or administer the discount or reward and is not used for any other purpose, including targeted advertising and surveillance-based price setting. (c) Exceptions for use of biometric data Notwithstanding subsection (a), an operator of a retail food store may use biometric data of a consumer if such consumer chooses to voluntarily verify the identity of such consumer by providing such biometric data, if such retail food store— (1) informs the consumer or the legally authorized representative of the consumer in writing that such biometric data is being collected, stored, or used by such retail food store; (2) informs the consumer or the legally authorized representative of the consumer in writing of the specific purpose and length of term for which such biometric data is being collected, stored, and used; (3) informs the consumer or the legally authorized representative of the consumer in writing of the specific circumstances under which biometric data is shared with law enforcement; (4) receives a written release executed by the consumer or the legally authorized representative of the consumer for the collection, storage, or use of such biometric data; and (5) does not sell such biometric data to, or share such biometric data with, any third party.