HB2458 HD1

SECTION 1. The legislature finds that the increasing cost of groceries and basic necessities is placing a strain on Hawaii's residents. Many individuals often have to carefully weigh the cost of their purchases, whether it is an item like milk or fresh produce. In Hawaii, some residents must spend over seventeen per cent of their household budget to put a meal on the table, which is significantly higher than the national average of twelve per cent, according to the United States Bureau of Labor Statistics. Furthermore, the Hawaii Foodbank reports that nearly one in three households is food-insecure, meaning that they do not have access to sufficient or quality food to meet their basic needs.

The legislature further finds that surveillance pricing — which is a form of dynamic pricing where a consumer's personal data and behavior, including location, demographics, browsing patterns, and shopping history, is used to determine their willingness to pay for a good or service — can have an adverse effect on consumers, especially for low-income individuals and households that rely on government assistance, such as the supplemental nutrition assistance program and special supplemental foods program for women, infants, and children. These kinds of retail practices can obscure the base price of everyday items and can lessen the power that consumers wield to make responsible and financially sound decisions. Although retailers contend that surveillance pricing can be used to lower the cost of goods, data has shown that instead, retailers often change prices to raise their own profits while leaving consumers to pay.

Accordingly, the purpose of this Act is to prohibit retailers from using surveillance pricing in the sale of food that is sold, or qualifies to be sold, as part of the supplemental nutrition assistance program or special supplemental foods program for women, infants, and children.

SECTION 2. Chapter 480, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§480- Surveillance pricing; prohibition; fines. (a) No retailer shall use surveillance pricing in the sale of food that is sold, or qualifies to be sold, as part of the federal supplemental nutrition assistance program or special supplemental nutrition program for women, infants, and children.

(b) Any retailer that violates this section shall be subject to a civil fine of not more than $5,000 per item per day. Each day of a continued violation of this section shall constitute a distinct and separate offense. The attorney general may bring an action to collect the fine.

(c) Any retailer that violates this section shall be subject to a civil fine of no more than $5,000 per item per day. Each day of a continued violation of this section shall constitute a distinct and separate offense. The attorney general or director of the office of consumer protection may bring an action to collect the fine.

(d) This section shall not apply to:

(1) Discounts that are readily available to the public, posted in an easily accessible area of a company's website or mobile application, and may be obtained by any customer;

(2) Common group discounts; and

(3) Loyalty programs.

(e) As used in this section:

"Common group discounts" means discounts that are offered or provided to a cognizable group, such as teachers, students, senior citizens, or veterans and:

(1) The eligibility, type, quantity, or any other term of the discount is readily available to the public and posted in an easily accessible area of a company's website or mobile application; and

(2) Any consumer can obtain the discount if the consumer demonstrates they are part of the cognizable group.

"Electronic surveillance technology" means 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 personally identifiable information about a consumer's behavior, characteristics, location, or other personal attributes, whether in physical or digital environments.

"Loyalty program" means a program where discounted prices, including lower prices or other rewards, are offered to members of the program to encourage repeat purchases and patronage and:

(1) The terms of the loyalty program, including any discounted prices and conditions for loyalty rewards, are readily available to the public and posted in an easily accessible area of a company's website or mobile application; and

(2) The terms of the loyalty program are applied consistently to all consumers in the program and are not individualized for consumers.

"Personally identifiable information" means:

(1) Any of the following:

(A) An individual's social security number, either in its entirety or the last four or more digits;

(B) Driver's license number, federal or state identification card number, or passport number;

(D) A military identification number;

(E) An individual's financial account number, or credit or debit card number, unless redacted;

(F) A security code, access code, personal identification number, or password that would allow access to an individual's account;

(G) Unique biometric data generated from a measurement or analysis of human body characteristics used for authentication purposes, including a fingerprint, voice print, retina or iris image, or other unique physical or digital representation of biometric data;

(H) A private key that is unique to an individual and is used to authenticate or sign an electronic record; or

(I) Health insurance policy number, subscriber identification number, medical identification number, or any other unique number used by a health insurer to identify a person; and

(2) In combination with any one or more of the following when the information in paragraph (1) is not encrypted, redacted, or otherwise protected by another method that renders the information unreadable or unusable:

(A) An individual's first initial or first name, and last name;

(B) A user name or electronic mail address, in combination with a password or security question and answer that would permit access to an online account;

(C) A name used by an individual, including the combination of the first name, any initials in the name, whether at the beginning or middle of the name, or a nickname combined with the last name;

(D) A user name for an online account;

(E) A mobile or home phone number; or

(F) An electronic mail address specific to the individual.

"Surveillance pricing" means the practice of offering or setting a customized price for a good or service for a specific consumer or group of consumers based, in whole or in part, on personally identifiable information collected through electronic surveillance technology."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2458
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII