- 2022 LEGISLATURE LRBs0381/1LRB-4341/1 KP:skwKP:cjs ASSEMBLY SUBSTITUTEBILL AMENDMENT901 1,January TO21, ASSEMBLY2022 BILL- 901Introduced Februaryby 11,Representatives 2022K -UGLITSCH, OfferedMAGNAFICI, 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 RepresentativUGLITSCH.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.
- 2022 Legislature - 2 - LRB-4341/1 KP:cjs ASSEMBLY BILL 901 SECTION 1 SECTION 1.
(a) “Consent”“Digital network” means aan mutualInternet acknowledgmentsite byor bothonline-enabled aapplication, restaurantsoftware, andor system that allows a 3rd-partyconsumer foodto deliveryview service,and includingsearch athe mutualmenus acknowledgmentof obtainedrestaurants electronicallyand orpurchase orally.food from restaurants for delivery.
(b) “Digital“Likeness” network” means an Internetidentifiable sitesymbol orattributed online-enabledand application,easily software,identified oras systembelonging thatto allows a consumerparticular torestaurant. view and search the menus of restaurants and purchase food from restaurants for delivery.
LRBs0381/1 - 2022 Legislature - 2 - KP:skw SECTION 1 (c) “Restaurant” has the meaning given in s.
125.0297.01 (18).(14g).
(2) LR ISTING;EQUIREMENTS.
REMOVAL.(a) 1.
(a) A 3rd-party food delivery service shallmay providenot list a publiclyrestaurant accessibleon processits fordigital network or offer a restaurantrestaurant's tofood requestfor delivery unless the removal3rd-party offood thedelivery restaurantservice first obtains written consent from the digitaloperator network of the 3rd-partyrestaurant foodto deliverylist service.the restaurant on its digital network;
(b)use If a restaurant requests to be removed from the digitalrestaurant's networkname, ofmenu, alikeness, 3rd-partyand foodimages; delivery service, all of the following apply:
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.
TheA 3rd-party food delivery service mayshall notwork listwith thea restaurant listed on its digital network,network offerto theensure restaurant'sthat foodthe formenu, delivery,menu ordescriptions, useand theprices restaurant'srelated name,to address,the logo,restaurant orare menuaccurate. without consent.
(c)3. 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)If DELIVERYa REQUIREMENTS.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;
Ause 3rd-party food delivery service shall ensure that individuals delivering food for the 3rd-partyrestaurant's foodname, deliverymenu, servicelikeness, haveor knowledgeimages; of basic food safety principles, including personal hygiene and avoiding cross contamination.
(4) SHARING OF DATA.A 3rd-party food delivery service shall provide to an owner or operatoroffer of a restaurant listed on its digital network information that identifies all of the followingrestaurant's relatedfood to ordersconsumers. placed with the 3rd-party food delivery service involving the restaurant:
(a)LRB-4341/1 The- contents2022 Legislature - 3 - KP:cjs SECTION 1 ASSEMBLY BILL 901 (b) A 3rd-party food delivery service shall disclose to restaurants the amount of orders.any commissions, delivery fees, and promotional fees charged.
LRBs0381/1(c) -The 2022terms Legislatureof -a 3contract -between KP:skwa S3rd-party ECTIONfood 1delivery (b)service Theand timesa thatrestaurant ordersrelated areto placed.fees, costs, marketing practices involving the restaurant or its likeness, insurance, and indemnification shall be clear.
(5)(d) P1. ENALTIES.
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.
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)(2), (b), the department may commence an action against the 3rd-party food delivery service in the name of the state to recover onea civil forfeiture of thenot followingmore penalties:than $10,000 for each violation.
(a)S ForECTION a2.Initial firstapplicability. violation involving a particular restaurant, a civil forfeiture of $1,000.
(b)(1) ForThis aact 2ndfirst violationapplies involvingto a particularcontract restaurant,between a civilrestaurant, forfeitureas ofdefined $5,000.in s.
(c)100.75 For(1) a(c), 3rdand or subsequent violation involving a particular3rd-party restaurant,food adelivery civilservice, forfeitureas ofdefined $10,000.in s.
S100.75 ECTION(1) 2.Effective(d), date.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.