Wisconsin 2021-2022 Regular Session Status: To Executive Bipartisan · 8 R · 7 D cosponsors

AB 901 — Relating to: third-party food delivery services and providing a penalty.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

97 added · 58 removed

Plain-language change summary

The amendments to Bill AB 901 introduced new requirements for third-party food delivery services. Key changes include that these services must now get explicit written consent from restaurants before listing them on their platforms, ensuring accuracy in menus and pricing, and disclosing any fees charged to restaurants. These updates are important because they aim to protect restaurant owners from unauthorized listings and fees, helping to create a fairer environment in the food delivery market.

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- 2022 LEGISLATURE LRBs0381/1 KP:skw ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 901 February 11, 2022 - Offered by RepresentativUGLITSCH.
- 2022 LEGISLATURE LRB-4341/1 KP:cjs ASSEMBLY BILL 901 January 21, 2022 - Introduced by Representatives K UGLITSCH, MAGNAFICI, ALLEN , ARMSTRONG , D ITTRICH, DOYLE , E DMING , G UNDRUM , H ONG , KITCHENS , ORTIZ-VELEZ , .R ODRIGUEZ, SCHRAA , INICKI, NODGRASS , SPREITZER, SUBECK , SUMMERFIELD , VRUWINK and K RUG, cosponsored by Senators T ESTIN, N ASS, W ANGGAARD , COWLES and A GARD .
Referred to Committee on Small Business Development.
Analysis by the Legislative Reference Bureau This bill establishes requirements for third-party food delivery services that operate digital networks and deliver food purchased from restaurants through digital networks.
Specifically, the bill prohibits a third-party food delivery service from listing a restaurant on its digital network or offering a restaurant's food for delivery unless the third-party food delivery service first obtains written consent from the operator of the restaurant.
The bill also requires third-party food delivery services to ensure that menus, descriptions, and prices related to a restaurant are accurate.
Under the bill, third-party food delivery services must disclose to restaurants the amount of any commissions, delivery fees, and promotional fees charged, and must also ensure that individuals delivering food for the third-party food delivery service have knowledge of basic food safety principles.
Third-party food delivery services must also provide restaurant operators with access to anonymized information identifying various details related to orders involving the restaurant and must allow restaurant operators to view and respond to consumer feedback and reviews.
SECTION 1.
- 2022 Legislature - 2 - LRB-4341/1 KP:cjs ASSEMBLY BILL 901 SECTION 1 SECTION 1.
(a) “Consent” means a mutual acknowledgment by both a restaurant and a 3rd-party food delivery service, including a mutual acknowledgment obtained electronically or orally.
(a) “Digital network” means an Internet site or online-enabled application, software, or system that allows a consumer to view and search the menus of restaurants and purchase food from restaurants for delivery.
(b) “Digital network” means an Internet site or online-enabled application, software, or system that allows a consumer to view and search the menus of restaurants and purchase food from restaurants for delivery.
(b) “Likeness” means an identifiable symbol attributed and easily identified as belonging to a particular restaurant.
LRBs0381/1 - 2022 Legislature - 2 - KP:skw SECTION 1 (c) “Restaurant” has the meaning given in s.
(c) “Restaurant” has the meaning given in s.
125.02 (18).
97.01 (14g).
(2) L ISTING;
(2) R EQUIREMENTS.
REMOVAL.
(a) 1.
(a) A 3rd-party food delivery service shall provide a publicly accessible process for a restaurant to request the removal of the restaurant from the digital network of the 3rd-party food delivery service.
A 3rd-party food delivery service may not list a restaurant on its digital network or offer a restaurant's food for delivery unless the 3rd-party food delivery service first obtains written consent from the operator of the restaurant to list the restaurant on its digital network;
(b) If a restaurant requests to be removed from the digital network of a 3rd-party food delivery service, all of the following apply:
use the restaurant's name, menu, likeness, and images;
1.
and offer the restaurant's food to consumers.
The 3rd-party food delivery service shall remove the restaurant from its digital network within 3 business days of receiving the request.
The 3rd-party food delivery service may not list the restaurant on its digital network, offer the restaurant's food for delivery, or use the restaurant's name, address, logo, or menu without consent.
A 3rd-party food delivery service shall work with a restaurant listed on its digital network to ensure that the menu, menu descriptions, and prices related to the restaurant are accurate.
(c) A 3rd-party food delivery service may not solicit requests from consumers for a restaurant to be added to the digital network of the 3rd-party food delivery service.
3.
(3) DELIVERY REQUIREMENTS.
If a 3rd-party food delivery service has not entered into a contract with a restaurant, the 3rd-party food delivery service may not represent that it has a contractual relationship with the restaurant and, if requested by the restaurant, may not list the restaurant on its digital network;
A 3rd-party food delivery service shall ensure that individuals delivering food for the 3rd-party food delivery service have knowledge of basic food safety principles, including personal hygiene and avoiding cross contamination.
use the restaurant's name, menu, likeness, or images;
(4) SHARING OF DATA.A 3rd-party food delivery service shall provide to an owner or operator of a restaurant listed on its digital network information that identifies all of the following related to orders placed with the 3rd-party food delivery service involving the restaurant:
or offer the restaurant's food to consumers.
(a) The contents of orders.
LRB-4341/1 - 2022 Legislature - 3 - KP:cjs SECTION 1 ASSEMBLY BILL 901 (b) A 3rd-party food delivery service shall disclose to restaurants the amount of any commissions, delivery fees, and promotional fees charged.
LRBs0381/1 - 2022 Legislature - 3 - KP:skw S ECTION 1 (b) The times that orders are placed.
(c) The terms of a contract between a 3rd-party food delivery service and a restaurant related to fees, costs, marketing practices involving the restaurant or its likeness, insurance, and indemnification shall be clear.
(5) P ENALTIES.
(d) 1.
An individual delivering food for a 3rd-party food delivery service may not touch food ordered by a consumer.
2.
A 3rd-party food delivery service shall ensure that individuals delivering food for the 3rd-party delivery service have knowledge of basic food safety principles, including personal hygiene, types of contamination, time and temperature control, cleaning, and sanitizing.
(e) 1.
A 3rd-party food delivery service shall provide an operator of a restaurant that provides consent under par.
(a) 1.
with access to anonymized information that identifies all of the following related to orders placed with the 3rd-party food delivery service involving the restaurant:
a.
The contents of orders.
b.
The times that orders are placed.
c.
Whether orders originate from the 3rd-party's application or Internet site.
d.
Show all 59 changed rows (19 more)
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Whether orders involve a promotion.
e.
Average delivery times after orders leave the restaurant.
f.
Whether orders are from new customers or repeat customers.
2.
A 3rd-party food delivery service shall allow an operator of a restaurant that provides consent under par.
(a) 1.
to view and respond to consumer feedback and reviews.
- 2022 Legislature - 4 - LRB-4341/1 KP:cjs ASSEMBLY BILL 901 SECTION 1 3.
At the request of an operator of a restaurant that provides consent under par.
(a) 1., a 3rd-party food delivery service shall allow consumers while placing an order to elect to receive communications from the restaurant.
(3) P ENALTY.
(2) (b), the department may commence an action against the 3rd-party food delivery service in the name of the state to recover one of the following penalties:
(2), the department may commence an action against the 3rd-party food delivery service in the name of the state to recover a civil forfeiture of not more than $10,000 for each violation.
(a) For a first violation involving a particular restaurant, a civil forfeiture of $1,000.
S ECTION 2.Initial applicability.
(b) For a 2nd violation involving a particular restaurant, a civil forfeiture of $5,000.
(1) This act first applies to a contract between a restaurant, as defined in s.
(c) For a 3rd or subsequent violation involving a particular restaurant, a civil forfeiture of $10,000.
100.75 (1) (c), and a 3rd-party food delivery service, as defined in s.
S ECTION 2.Effective date.
100.75 (1) (d), that is entered into, renewed, or modified on the effective date of this subsection.
(1) This act takes effect on the first day of the 7th month beginning after publication.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Representative Andraca added as a coauthor

  3. Representative S. Rodriguez added as a coauthor

  4. Read first time and referred to committee on Labor and Regulatory Reform

  5. Representative Shankland added as a coauthor

  6. Received from Assembly

  7. Ordered immediately messaged

  8. Read a third time and passed

  9. Rules suspended

  10. Ordered to a third reading

  11. Assembly Substitute Amendment 1 adopted

  12. Read a second time

  13. Made a special order of business at 9:04 AM on 2-23-2022 pursuant to Assembly Resolution 29

  14. Representatives Vining and Cabrera added as coauthors

  15. Referred to committee on Rules

  16. Report passage as amended recommended by Committee on Small Business Development, Ayes 13, Noes 0

  17. Report Assembly Substitute Amendment 1 adoption recommended by Committee on Small Business Development, Ayes 13, Noes 0

  18. Executive action taken

  19. Representative Conley added as a coauthor

  20. Public hearing held

  21. Assembly Substitute Amendment 1 offered by Representative Kuglitsch

  22. Read first time and referred to Committee on Small Business Development

  23. Introduced by Representatives Kuglitsch, Magnafici, Allen, Armstrong, Dittrich, Doyle, Edming, Gundrum, Hong, Kitchens, Ortiz-Velez, J. Rodriguez, Schraa, Sinicki, Snodgrass, Spreitzer, Subeck, Summerfield, Vruwink and Krug; cosponsored by Senators Testin, Nass, Wanggaard, Cowles and Agard

Sponsors

Sponsorship breakdown

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20 sponsors · 0 co-sponsors · 112 not signed on

Sponsors (20)

Co-sponsors (0)

None.

Not signed on (112)

112 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 901?
AB 901 is sponsored by Krug, Scott (Republican), Vruwink, Summerfield, Rob (Republican), Subeck, Lisa (Democrat), Spreitzer, Mark (Democrat), Snodgrass, Lee (Democrat), Sinicki, Christine (Democrat), Schraa, Ortiz-Velez, Sylvia (Democrat), Kitchens, Joel (Republican), Hong, Francesca (Democrat), Gundrum, Rick (Republican), Edming, Doyle, Steve (Democrat), Dittrich, Barbara (Republican), Armstrong, David (Republican), Allen, Scott (Republican), Magnafici, Kuglitsch, and Rodriguez, Jessie (Republican).
What is the current status of AB 901?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 901?
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