Editing Maryland AI Dynamic Pricing Act (section)

=== Dynamic pricing for food ===

For covered food retailers and third-party food delivery service providers, the Act prohibits using dynamic pricing to set a higher price for tax-exempt food for a specific consumer.<ref name="chapter154" /> The enrolled law defines dynamic pricing as the discriminatory practice of offering or setting a personalized price for a good or service that is specific to a consumer based on the consumer's personal data, regardless of whether the seller collected or purchased the data, including through AI or models that retrain or recalibrate in near real time.<ref name="chapter154" /><ref name="fiscal-note" />

The law also prohibits covered entities from using surveillance personal data to set a higher price for tax-exempt food for a single consumer or group of consumers.<ref name="chapter154" /> "Personal data" is tied to Maryland's consumer data privacy definition: information linked or reasonably linkable to an identified or identifiable consumer, excluding de-identified data and publicly available information.<ref name="chapter154" />