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Assembly Bill A784

2021-2022 Legislative Session

Prohibits unauthorized listing of food places on the application and/or website of food delivery platforms

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Archive: Last Bill Status - In Assembly Committee

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2021-A784 (ACTIVE) - Details

See Senate Version of this Bill:
S3225
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §391-v, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
A11130

2021-A784 (ACTIVE) - Summary

Prohibits unauthorized listing of food places on the application and/or website of food delivery platforms.

2021-A784 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    784
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. McDONALD, FAHY, WOERNER -- read once and referred
   to the Committee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   unauthorized listing of food places on the application and/or  website
   of food delivery platforms
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-v to read as follows:
   § 391-V. CONSUMER TRANSPARENCY; FOOD DELIVERY PLATFORMS. 1.   FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "FOOD DELIVERY PLATFORM" MEANS AN ONLINE BUSINESS  INCLUDING,  BUT
 NOT LIMITED TO, THIRD-PARTY FOOD DELIVERY APPLICATION COMPANIES THAT ACT
 AS  AN INTERMEDIARY BETWEEN CONSUMERS AND MULTIPLE FOOD PLACES TO SUBMIT
 FOOD ORDERS FROM A CONSUMER  TO  A  PARTICIPATING  FOOD  PLACE,  AND  TO
 ARRANGE  FOR  THE  DELIVERY  OF  SUCH  ORDER FROM SUCH FOOD PLACE TO THE
 CONSUMER.
   (B) "FOOD PLACE" MEANS ANY RESTAURANT, DINING  ROOM,  FOOD  TRUCK,  OR
 OTHER  BUSINESS  ENGAGED  IN  THE  PREPARATION  AND  SERVICE OF FOOD FOR
 CONSUMPTION BY THE GENERAL PUBLIC ON OR OFF PREMISES.
   2. A FOOD DELIVERY PLATFORM SHALL NOT ARRANGE FOR THE DELIVERY  OF  AN
 ORDER  FROM A FOOD PLACE WITHOUT FIRST ENTERING INTO A WRITTEN AGREEMENT
 WITH SUCH FOOD PLACE EXPRESSLY AUTHORIZING SUCH FOOD  DELIVERY  PLATFORM
 TO  TAKE  ORDERS  AND  TO DELIVER FOOD AND/OR BEVERAGES PREPARED BY SUCH
 FOOD PLACE.
   3. A FOOD DELIVERY PLATFORM SHALL BE PROHIBITED FROM  LISTING  A  FOOD
 PLACE  ON  ITS  APPLICATION AND/OR WEBSITE AS A PARTICIPATING FOOD PLACE
 WITHOUT FIRST EXECUTING A WRITTEN AGREEMENT PURSUANT TO SUBDIVISION  TWO
 OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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