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S01630 Summary:

S01630 Actions:

S01630 Committee Votes:

S01630 Floor Votes:

S01630 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1630--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the general business law,  in  relation  to  third-party
          delivery services

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  391-v to read as follows:
     3    § 391-v. Third-party food delivery agreements. 1. For the purposes  of
     4  this section, the following terms shall have the following meanings:
     5    (a)  "Agreement"  means a written contractual agreement between a food
     6  service establishment and a third-party food delivery service  authoriz-
     7  ing  the  inclusion  of the food service establishment's products on the
     8  third-party food delivery platform.
     9    (b) "Food service establishment" means a place where food is  provided
    10  for  individual  portion  service  directly to the consumer whether such
    11  food is provided free of charge or sold, and whether consumption  occurs
    12  on or off the premises or is provided from a pushcart, stand or vehicle.
    13    (c)  "Third-party  food  delivery  service"  means any website, mobile
    14  application or other internet service that offers or  arranges  for  the
    15  sale  or  delivery  of  food and beverages prepared by, and the same-day
    16  delivery or same-day pickup of food and beverage from,  a  food  service
    17  establishment located in the state.
    18    (d)  "Third-party  food  delivery platform" means the online or mobile
    19  platform of the third-party food delivery service on  which  a  consumer
    20  can  view  products  available  for  sale  and place an order for a food
    21  service establishment's products.
    22    2. (a) A third-party food delivery service shall not list,  advertise,
    23  promote, or sell a food service establishment's products, or arrange for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08032-04-1
        S. 1630--A                          2
 
     1  the  delivery of an order of such products, on a third-party food deliv-
     2  ery platform without a valid agreement with the food service  establish-
     3  ment authorizing the inclusion of their products on such platform.
     4    (b)  An  agreement  executed in accordance with this section shall not
     5  include a provision, clause, or covenant that requires  a  food  service
     6  establishment  to  indemnify  a  third-party  food delivery service, any
     7  independent contractor acting on behalf of the third-party food delivery
     8  service, or any  registered  agent  of  the  third-party  food  delivery
     9  service,  for  any damages or harm by an act or omission occurring after
    10  the food service establishment's product leaves the place of business of
    11  the food service establishment. To the extent an agreement contains such
    12  a provision, such provision shall be deemed void and unenforceable.
    13    (c) A food service establishment included on a third-party food deliv-
    14  ery platform in violation of this section shall have the right to  bring
    15  an action in a court of competent jurisdiction for damages, penalties as
    16  set  forth  in  this  section, and injunctive relief. Such court, in its
    17  discretion, may also award reasonable court costs and attorneys' fees.
    18    (d) Any person that violates any provision of this  section  shall  be
    19  subject  to a civil penalty of up to one thousand dollars per violation.
    20  Each day a food service establishment is included on a third-party  food
    21  delivery  platform  and  each  food  service establishment included on a
    22  third-party food  delivery  platform  shall  be  considered  a  separate
    23  violation.
    24    §  2.  This  act  shall take effect on the sixtieth day after it shall
    25  have become a law.