What Does HB 895 Require?
| Status | In force since October 1, 2026 (signed April 28, 2026) |
|---|---|
| Who it covers | Food retailers with stores of 15,000 square feet or more that sell tax-exempt food, and third-party food delivery services |
| What it prohibits | Using dynamic pricing or personal data to set a higher price for tax-exempt food for a specific consumer; using protected-class data to withhold accommodations or advantages |
| Exemptions | Promotional pricing; retention offers; loyalty, membership and rewards programs; subscription pricing; cost, geographic or supply-and-demand differences; correcting pricing errors |
| Enforcement | Attorney General’s Consumer Protection Division; violations are unfair, abusive or deceptive trade practices |
| Cure period | 45 days after notice |
| Penalties | Up to $10,000 per violation; up to $25,000 for repeat violations |
| Private right of action | No |
Does HB 895 Restrict Lower Personalized Prices?
No. The prohibition targets higher prices for a specific consumer. Discounts, promotions and loyalty pricing are exempt.
What Should a Covered Grocer Check First?
Whether any price, fee or offer for tax-exempt food can go up because of a shopper’s data. That is the question the Audit stage answers: who pays above the baseline, and why.
How Can a Business Comply with HB 895?
- 2. Audit: Establish who pays above or below the baseline, and why.