senate Bill S1630A

2021-2022 Legislative Session

Relates to third-party delivery services

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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 - Consumer Protection committee Vote

S1630A
6
0
committee
6
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jan 19, 2021

aye wr (1)

Jan 19, 2021 - Rules committee Vote

S1630A
19
0
committee
19
Aye
0
Nay
1
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Rules committee vote details

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

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

Co-Sponsors

view additional 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

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.

S1630A (ACTIVE) - Sponsor Memo

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.

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