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This entry was published on 2022-06-17
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SECTION 391-V
Third-party food delivery agreements
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 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
authorizing 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
delivery platform without a valid agreement with the food service
establishment 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
delivery 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.