Assembly Bill A4651

Signed By Governor
2021-2022 Legislative Session

Relates to third-party delivery services

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S1630 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A4651 (ACTIVE) - Details

See Senate Version of this Bill:
S1630
Law Section:
General Business Law
Laws Affected:
Add §391-v, Gen Bus L

2021-A4651 (ACTIVE) - Summary

Requires third-party delivery services to have a valid agreement with a merchant before they advertise, promote, or sell the merchant's products on their platform, and prohibits the inclusion of an indemnity clause in such agreements.

2021-A4651 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4651
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. ABBATE, McDONALD -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to third-party
   delivery services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 391-v to read as follows:
   §  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 AUTHORIZ-
 ING 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  DELIV-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08032-05-1

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