MARYLAND (WDCW) – Maryland is on track to become the first state to ban so-called dynamic pricing in grocery stores across the state.

The practice, officials say, allows prices to change based on demand or even customer data.

Earlier this month, the state legislature passed the Protection from Predatory Pricing Act, introduced as part of Gov. Wes Moore’s (D) legislative agenda. The bill targets a system whereby retailers can use technology to adjust prices throughout the day or show different prices to different customers, especially in online shopping.

Lawmakers said the goal is to prevent that type of pricing from being used in grocery stores across Maryland.

Moore said last week that he is excited to sign the new bill.

The move comes as consumers say grocery costs are already stretching their budgets.

“It’s literally kind of out of hand, almost to the point where it’s like I’m coming twice a week, and twice a week you’re spending easily $125 on a little bit of items,” shopper Deshawn Singleton told Nexstar’s WDCW.

“I feel as though it’s a little bit high. … I feel like we can save on the food if we can just, I guess, cut down on the prices,” Latasha Johnson added.

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Moore has warned that without regulation, shoppers could end up paying different prices for the same items without knowing it.

“Digital price tags are replacing paper ones… cameras are watching aisles… apps are moving from search-based to predictive and having true curated experiences that end up harming the average shopper,” Moore said during testimony last month. “If Myles [a member of Moore’s staff] and I were to go in a supermarket at the same time… we could pick up the exact same item and be charged a different price for it, because they know that I’ll pay it. This type of manipulation of data is not fair.”

Some shoppers say the bill could make grocery costs more predictable, especially for families on tight budgets.

“You never know what the price is going to be… it fluctuates week on week. So that will be a strong basis to have a set number for families to play around with,” one customer said.

Justin Brookman, director of marketplace policy at Consumer Reports, says the bill is a step in the right direction but raises concerns about enforcement.

“Another problem is there’s no real enforcement. Like, if you got caught doing it, all you need to do is stop once you get caught, and then there can’t be any fines,” Brookman said.

The Maryland Retailers Alliance said the bill is a “workable framework.”

“The final bill reflects a workable framework that achieves the stated policy goal of prohibiting the use of consumer data to increase prices while preserving the ability for retailers to offer discounts and promotions that benefit consumers,” a statement from the alliance reads.

If signed into law, Maryland would become one of the first states in the country to restrict dynamic pricing in grocery stores. Once the bill is signed, it will go into effect in October.

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