S T A T E O F N E W Y O R K
________________________________________________________________________
7983
2023-2024 Regular Sessions
I N A S S E M B L Y
August 18, 2023
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting
delivery services from guaranteeing thirty-minute delivery and prohib-
iting such services from penalizing workers for failure to deliver
within thirty minutes
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-w to read as follows:
§ 391-W. THIRTY-MINUTE DELIVERY SERVICES; DELIVERY TIME NOT GUARAN-
TEED. 1. FOR PURPOSES OF THIS SECTION, "THIRTY-MINUTE DELIVERY SERVICE"
SHALL MEAN ANY WEBSITE, MOBILE APPLICATION, OR OTHER INTERNET SERVICE
THAT OFFERS OR ARRANGES FOR DELIVERY OF GOODS, INCLUDING FOOD, AND
ADVERTISES THAT SUCH DELIVERIES SHALL OCCUR WITHIN THIRTY MINUTES OR
LESS.
2. EVERY THIRTY-MINUTE DELIVERY SERVICE SHALL INCLUDE THE FOLLOWING
LANGUAGE IN ANY ADVERTISEMENT THAT MENTIONS DELIVERIES WITHIN THIRTY
MINUTES OR LESS: "DELIVERY IS NOT GUARANTEED WITHIN 30 MINUTES. FOR THE
SAFETY OF THE PUBLIC AND DELIVERY WORKERS, PLEASE ALLOW MORE THAN 30
MINUTES FOR DELIVERY." IN ANY SUCH WRITTEN ADVERTISEMENT, SUCH LANGUAGE
SHALL BE PROMINENTLY DISPLAYED IN A CLEAR AND CONSPICUOUS MANNER TO THE
CONSUMER.
3. EVERY THIRTY-MINUTE DELIVERY SERVICE SHALL DISCLOSE TO ANY WORKER
ENGAGED TO MAKE DELIVERIES ON BEHALF OF SUCH SERVICE THAT DELIVERY IS
NOT REQUIRED WITHIN THIRTY MINUTES AND THAT THERE IS NO PENALTY FOR
FAILURE TO DELIVER WITHIN THIRTY MINUTES. IF THE THIRTY-MINUTE DELIVERY
SERVICE USES A MOBILE APPLICATION TO COMMUNICATE WITH SUCH WORKERS, SUCH
DISCLOSURE SHALL BE PROMINENTLY DISPLAYED IN A CLEAR AND CONSPICUOUS
MANNER IN SUCH MOBILE APPLICATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10923-02-3
A. 7983 2
4. A THIRTY-MINUTE DELIVERY SERVICE SHALL NOT PENALIZE ANY WORKER
ENGAGED TO MAKE DELIVERIES ON BEHALF OF SUCH SERVICE FOR FAILURE TO
DELIVER WITHIN THIRTY MINUTES.
5. ANY THIRTY-MINUTE DELIVERY SERVICE THAT VIOLATES ANY OF THE
PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT
LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN SEVEN HUNDRED FIFTY
DOLLARS FOR EACH VIOLATION.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law. Effective immediately, the addition, amendment,
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.