S T A T E O F N E W Y O R K
________________________________________________________________________
9038
2025-2026 Regular Sessions
I N A S S E M B L Y
September 5, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Cities
AN ACT to amend the administrative code of the city of New York and the
general municipal law, in relation to penalties for internet-based
food-ordering service providers failing to comply with the posting of
a sanitary inspection grade
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 17-195.1 of the administrative code of the city of
New York, as added by chapter 540 of the laws of 2024, is amended to
read as follows:
§ 17-195.1 Posting of sanitary inspection grade. a. [Definition]
DEFINITIONS. FOR THE PURPOSES OF THIS SECTION: (1) "Internet-based food
delivery service provider" shall mean any:
(I) food service establishment as defined in section 81.03 of the
health code of the city of New York that accepts food orders for deliv-
ery OR PICKUP from customers via the internet OR MOBILE APPLICATION, or
[mobile application, or] (II) any [third-party] website or mobile appli-
cation that accepts food orders for delivery OR PICKUP from customers
via the internet.
(2) "CONSPICUOUSLY POST" SHALL MEAN TO POST THE HYPERLINK TO THE CITY
OF NEW YORK'S HEALTH DEPARTMENT FOOD ESTABLISHMENT LOOK UP TOOL AT THE
TOP OF THE MENU PAGE ADJACENT TO THE NAME OF THE FOOD SERVICE ESTABLISH-
MENT OR USER INTERFACE WHERE FOOD IS ORDERED AND ADDED TO CART.
b. Every internet-based food delivery service provider shall conspicu-
ously post on their website or mobile application a hyperlink to the
city of New York's health department food establishments lookup tool,
which lists the most current sanitary inspection letter grade of any
food service establishment, pursuant to section 81.51 of the health code
of the city of New York, for which food delivery OR ONLINE ORDERING
services are provided to customers.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11943-06-5
A. 9038 2
c. Any internet-based food delivery service provider AS DEFINED BY
SUBPARAGRAPH (I) OF PARAGRAPH ONE OF SUBDIVISION A OF THIS SECTION that
violates subdivision b of this section or any of the rules promulgated
thereunder shall be liable for a civil penalty not to exceed one hundred
dollars for each violation. ANY INTERNET-BASED FOOD DELIVERY SERVICE
PROVIDER, AS DEFINED BY SUBPARAGRAPH (II) OF PARAGRAPH ONE OF SUBDIVI-
SION A OF THIS SECTION, THAT VIOLATES SUBDIVISION B OF THIS SECTION OR
ANY OF THE RULES PROMULGATED THEREUNDER SHALL BE LIABLE FOR A CIVIL
PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY FOR EACH VIOLATION
AND IT SHALL BE A SEPARATE VIOLATION FOR EACH FOOD SERVICE ESTABLISHMENT
ON THE PLATFORM THAT SUCH INTERNET-BASED FOOD DELIVERY SERVICE FAILS TO
POST A HYPERLINK TO THE CITY OF NEW YORK'S HEALTH DEPARTMENT FOOD ESTAB-
LISHMENTS LOOKUP TOOL.
§ 2. Subdivision 1 of section 139-e of the general municipal law, as
added by chapter 540 of the laws of 2024, is amended and a new subdivi-
sion 3 is added to read as follows:
1. As used in this section: (A) "internet-based food delivery service
provider" shall mean:
(I) any food service establishment that accepts food orders for deliv-
ery OR PICKUP from customers via the internet or mobile application, or
(II) any [third party] website OR MOBILE APPLICATION that accepts food
orders for delivery OR PICKUP from customers via the internet or mobile
application.
(B) "CONSPICUOUSLY POST" SHALL MEAN TO POST THE HYPERLINK TO THE
MUNICIPAL OR STATE HEALTH DEPARTMENT FOOD ESTABLISHMENT LOOK UP TOOL AT
THE TOP OF THE MENU PAGE ADJACENT TO THE NAME OF THE FOOD SERVICE ESTAB-
LISHMENT OR USER INTERFACE WHERE FOOD IS ORDERED AND ADDED TO CART.
3. ANY INTERNET-BASED FOOD DELIVERY SERVICE PROVIDER AS DEFINED BY
SUBPARAGRAPH (I) OF PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION THAT
VIOLATES ANY LOCAL LAW OR RULE PROMULGATED PURSUANT TO SUBDIVISION TWO
OF THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE
HUNDRED DOLLARS FOR EACH VIOLATION. ANY INTERNET-BASED FOOD DELIVERY
SERVICE PROVIDER, AS DEFINED BY SUBPARAGRAPH (II) OF PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION, THAT VIOLATES ANY LOCAL LAW OR RULE
PROMULGATED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY
FOR EACH VIOLATION AND IT SHALL BE A SEPARATE VIOLATION FOR EACH FOOD
SERVICE ESTABLISHMENT ON THE PLATFORM THAT SUCH INTERNET-BASED FOOD
DELIVERY SERVICE FAILS TO POST A HYPERLINK TO THE MUNICIPAL OR STATE
HEALTH DEPARTMENT FOOD ESTABLISHMENTS LOOKUP TOOL.
§ 3. This act shall take effect immediately.