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Public Act 102-0722


 

Public Act 0722 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0722
 
HB2910 EnrolledLRB102 12677 JLS 18016 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sale Price Ad Act is amended by changing
Sections 1, and 4 and by adding Section 3.5 as follows:
 
    (815 ILCS 408/1)  (was 720 ILCS 350/1)
    Sec. 1. As used in this Act:
    "Seller" means any person or legal entity that is in the
business of selling consumer goods to the public.
    "Consumer goods" means any machine, appliance, clothing,
or like product bought for personal, family or household
purposes.
    "Advertise" or "Advertising" means a notice in a
newspaper, magazine, pamphlet or flyer; an announcement on
television, cable television, or radio; and any other method
of communicating to the public.
    "Discount" includes, but is not limited to, any coupon or
promotion in an electronic, digital, paper, or any other
format that offers a price reduction or credit for any goods to
a consumer, either directly or indirectly, through redemption
by a retailer.
    "Person" means an individual, natural person, public or
private corporation, government, partnership, unincorporated
association, or other entity.
    "Retail mercantile establishment" means a retailer where
55% or more of its gross sales include nonprescription
medicines and any cooked or uncooked article of food,
beverage, alcohol, confection, or condiment used for or
intended to be used for human consumption off premises.
    "Self-service checkout" means an interactive electronic
terminal that facilitates an action or displays a piece of
information and allows a consumer to pay for goods and
services.
(Source: P.A. 79-732.)
 
    (815 ILCS 408/3.5 new)
    Sec. 3.5. Disclosure of discounted price; grocery stores;
supermarkets.
    (a) If a discount is offered for an item, the retail
mercantile establishment shall provide (i) the original price
and the discounted price; (ii) the original price and a credit
or reduction of the advertised savings; (iii) the amount saved
or the amount reduced as a percentage; or (iv) any other format
for showing the advertised savings of the discount to the
consumer. The retail mercantile establishment may use any
reasonable method available to provide notice of the
advertised savings of the discount, including, but not limited
to, the following commercial channels:
        (1) by screen or other display at the point of sale;
        (2) by paper or electronic receipt;
        (3) by email, text message, mobile or computer
    application, or any other electronic or digital
    communication;
        (4) by in-store consumer promotions, advertisement, or
    any other similar display;
        (5) by membership, loyalty, or reward program or any
    other similar program; or
        (6) by any other reasonable means available to the
    retail mercantile establishment.
    Nothing in this Section shall prohibit a retail mercantile
establishment from providing notice of discounts to consumers
through more than one commercial channel or require the retail
mercantile establishment to provide notice of discounts to
consumers through more than one commercial channel.
    (b) In order to be in compliance with this Section, a
retail mercantile establishment may request information from
the consumer that will facilitate the required notice of the
discount to the consumer. A retail mercantile establishment
subject to this Section that accepts information provided by
the consumer shall be deemed in compliance with any law
regulating the collection of personal or biometric
information.
    (c) If a consumer refuses to provide information to the
retail mercantile establishment in order for the retail
mercantile establishment to comply with this Section, the
retail mercantile establishment shall not be liable under this
Section.
    (d) Consumer discounts are expressly allowed under 27 CFR
6.96. Notwithstanding 27 CFR 6.96, nothing in this Section,
other laws, or rules shall be construed to regulate, limit, or
prohibit the terms of a consumer discount or the ability of a
retail mercantile establishment from offering consumer
discounts for any retail product.
    (e) The final purchase price that includes discounted
items offered by a retail mercantile establishment must be
excluded from the amount upon which any fee is charged the
retail mercantile establishment by any person when a consumer
uses a card, note, plate, coupon book, credit, or any other
similar device to purchase the discounted item or items.
    (f) The requirements in subsection (a) do not apply to
self-service checkout. Nothing in this Section, other laws, or
rules shall be construed to limit, regulate, or prohibit the
use of a self-service checkout by a retail mercantile
establishment or the products or services purchased at a
self-service checkout located on or within the premises of a
retail mercantile establishment.
    (g) The requirements in subsection (a) do not apply to
consumer purchases made at wholesale clubs that sell consumer
goods and services through a membership model.
    (h) The regulation of the disclosure of discounted prices
by retail mercantile establishments is an exclusive power and
function of the State. A home rule unit may not regulate the
disclosure of discounted prices by retail mercantile
establishments. This Section is a denial and limitation of
home rule powers and functions under subsection (h) of Section
6 of Article VII of the Illinois Constitution.
 
    (815 ILCS 408/4)  (was 720 ILCS 350/4)
    Sec. 4. Violation of this Act is a business offense with a
fine not to exceed $25. A person or retail mercantile
establishment shall not be fined in excess of $500 per year for
violations under this Act.
(Source: P.A. 79-732.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/6/2022