NY State Senate Bill S1630A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 21, 2021	signed chap.693
Dec 09, 2021	delivered to governor
May 11, 2021	returned to senate passed assembly
Apr 26, 2021	ordered to third reading cal.226 substituted for a4651
Jan 19, 2021	referred to consumer affairs and protection delivered to assembly passed senate ordered to third reading cal.64 reported and committed to rules
Jan 15, 2021	print number 1630a
Jan 15, 2021	amend and recommit to consumer protection
Jan 14, 2021	referred to consumer protection

Votes

view votes

Jan 19, 2021 - floor Vote

S1630A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 19, 2021 - Consumer Protection committee Vote

S1630A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 19, 2021 - Rules committee Vote

S1630A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S1630 - Details

See Assembly Version of this Bill:: A4651
Law Section:: General Business Law
Laws Affected:: Add §391-v, Gen Bus L

S1630 - Summary

Requires third-party delivery services to have a valid agreement with a merchant before they advertise, promote, or sell the merchant's products on their platform, and prohibits the inclusion of an indemnity clause in such agreements.

S1630 - Sponsor Memo

 
BILL NUMBER: S1630

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the general business law, in relation to third-party
delivery services

 
PURPOSE:

Amends the general business law to require a written agreement between a
food service establishment and third-party food delivery service author-
izing the inclusion of such food service establishment's products on the
third-party food delivery platform.

 
SUMMARY OF PROVISIONS:

Section 1 (1) adds new section 391-v of the general business law, which
sets definitions of terms. (2) provides for the agreement, indemnity and
penalties

Section 2 is the effective date.

 
JUSTIFICATION:

The third-party food delivery platforms and restaurants are providing a
valuable service to consumers which has become essential during the
ongoing pandemic.

While consumers want this convenience, restaurants should have control
over their product and how it is advertised, sold, and delivered. In
food service, this is particularly important from a food-safety and
sanitation standpoint.

Sometimes, some third-party delivery services list products from restau-
rants for sale or delivery without the restaurant's permission.  Restau-
rants should be able to safeguard their reputations and products with
the requirement that third-party delivery services must have the restau-
rants written authorization prior to adding them to their platforms,
have recourse when their products are sold without such authorization.

Many restaurants have seen their business grow through collaborations
with third-party delivery services and will want to have these services
without the related labor costs of providing delivery with in-house
services. Nonetheless, these decisions should lay with the producer of
the product.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect thirty days after becoming law.

S1630 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1630
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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:
 
   Section 1. The general business law is amended by adding a new section
 391-v to read as follows:
   § 391-V. THIRD-PARTY FOOD DELIVERY AGREEMENTS. 1. FOR THE PURPOSES  OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "AGREEMENT"  MEANS A WRITTEN CONTRACTUAL AGREEMENT BETWEEN A FOOD
 SERVICE ESTABLISHMENT AND A THIRD-PARTY FOOD DELIVERY SERVICE  AUTHORIZ-
 ING  THE  INCLUSION  OF THE FOOD SERVICE ESTABLISHMENT'S PRODUCTS ON THE
 THIRD-PARTY FOOD DELIVERY PLATFORM.
   (B) "FOOD SERVICE ESTABLISHMENT" MEANS A PLACE WHERE FOOD IS  PROVIDED
 FOR  INDIVIDUAL  PORTION  SERVICE  DIRECTLY TO THE CONSUMER WHETHER SUCH
 FOOD IS PROVIDED FREE OF CHARGE OR SOLD, AND WHETHER CONSUMPTION  OCCURS
 ON OR OFF THE PREMISES OR IS PROVIDED FROM A PUSHCART, STAND OR VEHICLE.
   (C)  "THIRD-PARTY  FOOD  DELIVERY  SERVICE"  MEANS ANY WEBSITE, MOBILE
 APPLICATION OR OTHER INTERNET SERVICE THAT OFFERS OR  ARRANGES  FOR  THE
 SALE  OR  DELIVERY  OF  FOOD AND BEVERAGES PREPARED BY, AND THE SAME-DAY
 DELIVERY OR SAME-DAY PICKUP OF FOOD AND BEVERAGE FROM,  A  FOOD  SERVICE
 ESTABLISHMENT LOCATED IN THE STATE.
   (D)  "THIRD-PARTY  FOOD  DELIVERY PLATFORM" MEANS THE ONLINE OR MOBILE
 PLATFORM OF THE THIRD-PARTY FOOD DELIVERY SERVICE ON  WHICH  A  CONSUMER
 CAN  VIEW  PRODUCTS  AVAILABLE  FOR  SALE  AND PLACE AN ORDER FOR A FOOD
 SERVICE ESTABLISHMENT'S PRODUCTS.
   2. (A) A THIRD-PARTY FOOD DELIVERY SERVICE SHALL NOT LIST,  ADVERTISE,
 PROMOTE, OR SELL A FOOD SERVICE ESTABLISHMENT'S PRODUCTS, OR ARRANGE FOR
 THE  DELIVERY OF AN ORDER OF SUCH PRODUCTS, ON A THIRD-PARTY FOOD DELIV-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08032-03-1

 S. 1630                             2
 
 ERY PLATFORM WITHOUT A VALID AGREEMENT WITH THE FOOD SERVICE  ESTABLISH-
 MENT AUTHORIZING THE INCLUSION OF THEIR PRODUCTS ON SUCH PLATFORM.
   (B)  AN  AGREEMENT  EXECUTED IN ACCORDANCE WITH THIS SECTION SHALL NOT
 INCLUDE A PROVISION, CLAUSE, OR COVENANT THAT REQUIRES  A  FOOD  SERVICE
 ESTABLISHMENT  TO  INDEMNIFY  A  THIRD-PARTY  FOOD DELIVERY SERVICE, ANY
 INDEPENDENT CONTRACTOR ACTING ON BEHALF OF THE THIRD-PARTY FOOD DELIVERY
 SERVICE, OR ANY  REGISTERED  AGENT  OF  THE  THIRD-PARTY  FOOD  DELIVERY
 SERVICE,  FOR  ANY DAMAGES OR HARM BY AN ACT OR OMISSION OCCURRING AFTER
 THE FOOD SERVICE ESTABLISHMENT'S PRODUCT LEAVES THE PLACE OF BUSINESS OF
 THE FOOD SERVICE ESTABLISHMENT. TO THE EXTENT AN AGREEMENT CONTAINS SUCH
 A PROVISION, SUCH PROVISION SHALL BE DEEMED VOID AND UNENFORCEABLE.
   (C) A FOOD SERVICE ESTABLISHMENT INCLUDED ON A THIRD-PARTY FOOD DELIV-
 ERY PLATFORM IN VIOLATION OF THIS SECTION SHALL HAVE THE RIGHT TO  BRING
 AN ACTION IN A COURT OF COMPETENT JURISDICTION FOR DAMAGES, PENALTIES AS
 SET  FORTH  IN  THIS  SECTION, AND INJUNCTIVE RELIEF. SUCH COURT, IN ITS
 DISCRETION, MAY ALSO AWARD REASONABLE COURT COSTS AND ATTORNEYS' FEES.
   (D) ANY PERSON THAT VIOLATES ANY PROVISION OF THIS  SECTION  SHALL  BE
 SUBJECT  TO A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS PER VIOLATION.
 EACH DAY A FOOD SERVICE ESTABLISHMENT IS INCLUDED ON A THIRD-PARTY  FOOD
 DELIVERY  PLATFORM  AND  EACH  FOOD  SERVICE ESTABLISHMENT INCLUDED ON A
 THIRD-PARTY FOOD  DELIVERY  PLATFORM  SHALL  BE  CONSIDERED  A  SEPARATE
 VIOLATION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

Co-Sponsors

S1630A (ACTIVE) - Details

See Assembly Version of this Bill:: A4651
Law Section:: General Business Law
Laws Affected:: Add §391-v, Gen Bus L

S1630A (ACTIVE) - Summary

S1630A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1630A

SPONSOR: SAVINO
 
PURPOSE:

Amends the general business law to require a written agreement between a
food service establishment and third-party food delivery service author-
izing the inclusion of such food service establishment's products on the
third-party food delivery platform.

 
SUMMARY OF PROVISIONS:

Section 1 (1) adds new section 391-v of the general business law, which
sets definitions of terms. (2) provides for the agreement, indemnity and
penalties

Section 2 is the effective date.

 
JUSTIFICATION:

The third-party food delivery platforms and restaurants are providing a

valuable service to consumers which has become essential during the
ongoing pandemic.

While consumers want this convenience, restaurants should have control
over their product and how it is advertised, sold, and delivered. In
food service, this is particularly important from a food-safety and
sanitation standpoint.

Sometimes, some third-party delivery services list products from restau-
rants for sale or delivery without the restaurant's permission.  Restau-
rants should be able to safeguard their reputations and products with
the requirement that third-party delivery services must have the restau-
rants written authorization prior to adding them to their platforms,
have recourse when their products are sold without such authorization.

Many restaurants have seen their business grow through collaborations
with third-party delivery services and will want to have these services
without the related labor costs of providing delivery with in-house
services. Nonetheless, these decisions should lay with the producer of
the product.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect sixty days after becoming law.

S1630A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1630--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. The general business law is amended by adding a new section
 391-v to read as follows:
   § 391-V. THIRD-PARTY FOOD DELIVERY AGREEMENTS. 1. FOR THE PURPOSES  OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "AGREEMENT"  MEANS A WRITTEN CONTRACTUAL AGREEMENT BETWEEN A FOOD
 SERVICE ESTABLISHMENT AND A THIRD-PARTY FOOD DELIVERY SERVICE  AUTHORIZ-
 ING  THE  INCLUSION  OF THE FOOD SERVICE ESTABLISHMENT'S PRODUCTS ON THE
 THIRD-PARTY FOOD DELIVERY PLATFORM.
   (B) "FOOD SERVICE ESTABLISHMENT" MEANS A PLACE WHERE FOOD IS  PROVIDED
 FOR  INDIVIDUAL  PORTION  SERVICE  DIRECTLY TO THE CONSUMER WHETHER SUCH
 FOOD IS PROVIDED FREE OF CHARGE OR SOLD, AND WHETHER CONSUMPTION  OCCURS
 ON OR OFF THE PREMISES OR IS PROVIDED FROM A PUSHCART, STAND OR VEHICLE.
   (C)  "THIRD-PARTY  FOOD  DELIVERY  SERVICE"  MEANS ANY WEBSITE, MOBILE
 APPLICATION OR OTHER INTERNET SERVICE THAT OFFERS OR  ARRANGES  FOR  THE
 SALE  OR  DELIVERY  OF  FOOD AND BEVERAGES PREPARED BY, AND THE SAME-DAY
 DELIVERY OR SAME-DAY PICKUP OF FOOD AND BEVERAGE FROM,  A  FOOD  SERVICE
 ESTABLISHMENT LOCATED IN THE STATE.
   (D)  "THIRD-PARTY  FOOD  DELIVERY PLATFORM" MEANS THE ONLINE OR MOBILE
 PLATFORM OF THE THIRD-PARTY FOOD DELIVERY SERVICE ON  WHICH  A  CONSUMER
 CAN  VIEW  PRODUCTS  AVAILABLE  FOR  SALE  AND PLACE AN ORDER FOR A FOOD
 SERVICE ESTABLISHMENT'S PRODUCTS.
   2. (A) A THIRD-PARTY FOOD DELIVERY SERVICE SHALL NOT LIST,  ADVERTISE,
 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
 
 THE  DELIVERY OF AN ORDER OF SUCH PRODUCTS, ON A THIRD-PARTY FOOD DELIV-
 ERY PLATFORM WITHOUT A VALID AGREEMENT WITH THE FOOD SERVICE  ESTABLISH-
 MENT AUTHORIZING THE INCLUSION OF THEIR PRODUCTS ON SUCH PLATFORM.
   (B)  AN  AGREEMENT  EXECUTED IN ACCORDANCE WITH THIS SECTION SHALL NOT
 INCLUDE A PROVISION, CLAUSE, OR COVENANT THAT REQUIRES  A  FOOD  SERVICE
 ESTABLISHMENT  TO  INDEMNIFY  A  THIRD-PARTY  FOOD DELIVERY SERVICE, ANY
 INDEPENDENT CONTRACTOR ACTING ON BEHALF OF THE THIRD-PARTY FOOD DELIVERY
 SERVICE, OR ANY  REGISTERED  AGENT  OF  THE  THIRD-PARTY  FOOD  DELIVERY
 SERVICE,  FOR  ANY DAMAGES OR HARM BY AN ACT OR OMISSION OCCURRING AFTER
 THE FOOD SERVICE ESTABLISHMENT'S PRODUCT LEAVES THE PLACE OF BUSINESS OF
 THE FOOD SERVICE ESTABLISHMENT. TO THE EXTENT AN AGREEMENT CONTAINS SUCH
 A PROVISION, SUCH PROVISION SHALL BE DEEMED VOID AND UNENFORCEABLE.
   (C) A FOOD SERVICE ESTABLISHMENT INCLUDED ON A THIRD-PARTY FOOD DELIV-
 ERY PLATFORM IN VIOLATION OF THIS SECTION SHALL HAVE THE RIGHT TO  BRING
 AN ACTION IN A COURT OF COMPETENT JURISDICTION FOR DAMAGES, PENALTIES AS
 SET  FORTH  IN  THIS  SECTION, AND INJUNCTIVE RELIEF. SUCH COURT, IN ITS
 DISCRETION, MAY ALSO AWARD REASONABLE COURT COSTS AND ATTORNEYS' FEES.
   (D) ANY PERSON THAT VIOLATES ANY PROVISION OF THIS  SECTION  SHALL  BE
 SUBJECT  TO A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS PER VIOLATION.
 EACH DAY A FOOD SERVICE ESTABLISHMENT IS INCLUDED ON A THIRD-PARTY  FOOD
 DELIVERY  PLATFORM  AND  EACH  FOOD  SERVICE ESTABLISHMENT INCLUDED ON A
 THIRD-PARTY FOOD  DELIVERY  PLATFORM  SHALL  BE  CONSIDERED  A  SEPARATE
 VIOLATION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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The New York State Senate

senate Bill S1630A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 19, 2021 - floor Vote

Floor Vote: Jan 19, 2021

Jan 19, 2021 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Jan 19, 2021

Jan 19, 2021 - Rules committee Vote

Rules Committee Vote: Jan 19, 2021

Bill Amendments

S1630 - Details

S1630 - Summary

S1630 - Sponsor Memo

S1630 - Bill Text download pdf

Co-Sponsors

S1630A (ACTIVE) - Details

S1630A (ACTIVE) - Summary

S1630A (ACTIVE) - Sponsor Memo

S1630A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1630A

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jan 19, 2021 - floor Vote

Floor Vote: Jan 19, 2021

Jan 19, 2021 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Jan 19, 2021

Jan 19, 2021 - Rules committee Vote

Rules Committee Vote: Jan 19, 2021

Bill Amendments

S1630 - Details

S1630 - Summary

S1630 - Sponsor Memo

S1630 - Bill Text download pdf

Co-Sponsors

S1630A (ACTIVE) - Details

S1630A (ACTIVE) - Summary

S1630A (ACTIVE) - Sponsor Memo

S1630A (ACTIVE) - Bill Text download pdf

Comments