Relating to the delivery of restaurant food pursuant to a food delivery platform, providing civil penalties, and including applicability provisions

This bill relates to the delivery of restaurant food pursuant to a third-party food delivery service. The bill defines “customer” as a person or business ordering food from a third-party food delivery service. The bill defines “third-party food delivery service” or “food delivery service” as an independent business that delivers food from a restaurant upon a customer placing an order on the food delivery service’s online platform. The bill requires a restaurant and a food delivery service to have an agreement authorizing food delivery prior to a food delivery service transporting food on behalf of a restaurant. The bill prohibits food delivery services from using a restaurant’s image, likeness, intellectual property, or other identifying material without a restaurant’s consent unless otherwise allowed by state or federal law and accompanied by a disclaimer indicating the independence of the food delivery service from the restaurant. The disclaimer must be obvious to the customer. The bill provides that a food delivery service shall transport food in accordance with food safety provisions, including maintaining a food holding area that is cleaned frequently and able to withstand frequent cleaning, maintaining the food for delivery at a holding temperature necessary to prevent spoilage, transporting the food in tamper-resistant and sealed containers, and refraining from carrying passengers or smoking or vaping. The bill provides that a food delivery service that fails to maintain food safety requirements established by the bill shall be liable to the restaurant for related injuries or harm.