2024 -- S 2268 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

GROCERY STORES

     Introduced By: Senators Lawson, Lauria, DiMario, Euer, Zurier, Cano, Kallman, Murray,
Mack, and Bissaillon

     Date Introduced: February 12, 2024

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

     SECTION 1. Findings.

     The general assembly finds and declares that:

     (1) Grocery stores provide many people with their primary place of social connection and

sense of community. This activity is particularly true for the elderly;

     (2) The increasing use of self-service checkouts, where the customer does not interact with

a human, contributes to social isolation and related negative health consequences;

     (3) Elderly customers and customers with disabilities often lack the confidence or ability

to use self-service checkouts;

     (4) Self-service checkouts increase the risk for shoplifting, credit card theft and hacking of

customers' personal information;

     (5) Self-service checkouts essentially turn customers into unpaid employees and allows

grocery retailers to decrease labor costs and actual customer service;

     (6) Self-service checkouts contribute to retail workers feeling devalued and adds efficiency

pressures on workers as well as encourages grocery stores to allow longer lines for check-out stands

staffed by a cashier to encourage customers to use the self-service checkout;

     (7) Self-service checkouts allow grocery stores to rely more heavily on part-time

employees, positions which do not provide retail workers with a living wage or access to benefits;

     (8) Many retail workers, particularly those with a part-time schedule, qualify and receive

income-based public benefits such as food stamps (currently known as Supplemental Nutrition

Assistance Program benefits or "SNAP"), and subsidized healthcare;

     (9) Because people of color are overrepresented in cashier positions, which is the lowest

paid position in retail businesses, the increasing use of self-service checkouts has a disproportionate

negative impact on people of color.

     SECTION 2. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL

REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:

CHAPTER 60

GROCERY STORES

     6-60-1. Definitions.

     As used in this chapter:

     (1) "Grocery store" means a retail store in the State of Rhode Island that earns the majority

of its gross income from the retail sale of groceries and 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 goods or prepared foods. Other household

supplies or other products shall be secondary to the primary purpose of food sales.

     (2) "Manual checkout station" provides human assistance to shoppers, scanning, bagging

and accepting payment for their purchases.

     (3) "Retail sale" means the sale of groceries to a consumer for use or consumption, and not

for the purpose of resale.

     (4) "Self-service checkout" means an automated process that enable shoppers to scan, bag

and pay for their purchases without human assistance.

     6-60-2. Restriction on number of self-service checkouts in grocery stores.

     Grocery stores shall not have more than six (6) self-service checkout stations operating at

any one time per location.

     6-60-3. Minimum manual checkout.

     Grocery stores with self-checkout stations shall have a minimum of one manual checkout

station per self-service checkout station.

     6-60-4. Enforcement.

     (a) The consumer protection unit of the department of attorney general ("CPU") shall have

primary authority to enforce the restrictions of this chapter.

     (b) The CPU shall enact rules and regulations as necessary to implement this chapter. The

fine for the first and second violations shall be five hundred ($500) dollars. The fine for third and

subsequent violations shall be one thousand ($1,000) dollars.

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     (c) Any Rhode Island resident may file a complaint with the CPU alleging a violation, free

from fear of retaliation.

     (d) Any employee alleging retaliation by their employer for making a complaint alleging

violations of this chapter may bring a cause of action in Rhode Island superior court.

     (e) Any Rhode Island consumer alleging a violation of this chapter may file a complaint

with the CPU. Retaliation against a consumer for complaining about a violation of this chapter shall

be an unlawful trade practice.

     6-60-5. Severability.

     If any part, section or provision of this chapter is found unconstitutional, illegal or invalid,

such a finding will affect only that part, section or provision of this chapter and the remaining parts,

sections or provisions shall remain in full force and effect.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

GROCERY STORES

***

     This act would require grocery stores to specifically limit the number of self-service

checkout units to six (6) units per location. The consumer protection unit of the department of

attorney general would have authority to enforce these restrictions.

     This act would take effect upon passage.

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