NY State Senate Bill 2021-S1630A

Archive: Last Bill Status - 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 21, 2021	signed chap.693
Dec 09, 2021	delivered to governor
May 11, 2021	returned to senate passed assembly
Apr 26, 2021	ordered to third reading cal.226 substituted for a4651
Jan 19, 2021	referred to consumer affairs and protection delivered to assembly passed senate ordered to third reading cal.64 reported and committed to rules
Jan 15, 2021	print number 1630a
Jan 15, 2021	amend and recommit to consumer protection
Jan 14, 2021	referred to consumer protection

Votes

- Jan 19, 2021 - Floor Vote
  S1630A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 19, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jan 19, 2021 - Rules Committee Vote
  S1630A
  
  19
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 19, 2021
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      aye wr (1)
      
      Ritchie
      
      absent (1)
      
      Sepúlveda
  Jan 19, 2021 - Consumer Protection Committee Vote
  S1630A
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Jan 19, 2021
      
      aye (6)
      
      Gounardes
      
      Kavanagh
      
      Mattera
      
      Myrie
      
      Reichlin-Melnick
      
      Thomas
      
      aye wr (1)
      
      Tedisco

Bill Amendments

Original

A (Active)

2021-S1630 - Details

See Assembly Version of this Bill:: A4651
Law Section:: General Business Law
Laws Affected:: Add §391-v, Gen Bus L

2021-S1630 - 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-S1630 - Sponsor Memo

                                
 
BILL NUMBER: S1630

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the general business law, in relation to third-party
delivery services

 
PURPOSE:

Amends the general business law to require a written agreement between a
food service establishment and third-party food delivery service author-
izing the inclusion of such food service establishment's products on the
third-party food delivery platform.

 
SUMMARY OF PROVISIONS:

Section 1 (1) adds new section 391-v of the general business law, which
sets definitions of terms. (2) provides for the agreement, indemnity and
penalties

Section 2 is the effective date.

 
JUSTIFICATION:

The third-party food delivery platforms and restaurants are providing a
valuable service to consumers which has become essential during the
ongoing pandemic.

While consumers want this convenience, restaurants should have control
over their product and how it is advertised, sold, and delivered. In
food service, this is particularly important from a food-safety and
sanitation standpoint.

Sometimes, some third-party delivery services list products from restau-
rants for sale or delivery without the restaurant's permission.  Restau-
rants should be able to safeguard their reputations and products with
the requirement that third-party delivery services must have the restau-
rants written authorization prior to adding them to their platforms,
have recourse when their products are sold without such authorization.

Many restaurants have seen their business grow through collaborations
with third-party delivery services and will want to have these services
without the related labor costs of providing delivery with in-house
services. Nonetheless, these decisions should lay with the producer of
the product.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect thirty days after becoming law.

2021-S1630 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1630
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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.
                                                            LBD08032-03-1

 S. 1630                             2
 
 ERY PLATFORM WITHOUT A VALID AGREEMENT WITH THE FOOD SERVICE  ESTABLISH-
 MENT 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 DELIV-
 ERY 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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2021-S1630A (ACTIVE) - Details

See Assembly Version of this Bill:: A4651
Law Section:: General Business Law
Laws Affected:: Add §391-v, Gen Bus L

2021-S1630A (ACTIVE) - Summary

2021-S1630A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1630A

SPONSOR: SAVINO
 
PURPOSE:

Amends the general business law to require a written agreement between a
food service establishment and third-party food delivery service author-
izing the inclusion of such food service establishment's products on the
third-party food delivery platform.

 
SUMMARY OF PROVISIONS:

Section 1 (1) adds new section 391-v of the general business law, which
sets definitions of terms. (2) provides for the agreement, indemnity and
penalties

Section 2 is the effective date.

 
JUSTIFICATION:

The third-party food delivery platforms and restaurants are providing a

valuable service to consumers which has become essential during the
ongoing pandemic.

While consumers want this convenience, restaurants should have control
over their product and how it is advertised, sold, and delivered. In
food service, this is particularly important from a food-safety and
sanitation standpoint.

Sometimes, some third-party delivery services list products from restau-
rants for sale or delivery without the restaurant's permission.  Restau-
rants should be able to safeguard their reputations and products with
the requirement that third-party delivery services must have the restau-
rants written authorization prior to adding them to their platforms,
have recourse when their products are sold without such authorization.

Many restaurants have seen their business grow through collaborations
with third-party delivery services and will want to have these services
without the related labor costs of providing delivery with in-house
services. Nonetheless, these decisions should lay with the producer of
the product.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect sixty days after becoming law.

2021-S1630A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1630--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08032-04-1

 S. 1630--A                          2
 
 THE  DELIVERY OF AN ORDER OF SUCH PRODUCTS, ON A THIRD-PARTY FOOD DELIV-
 ERY PLATFORM WITHOUT A VALID AGREEMENT WITH THE FOOD SERVICE  ESTABLISH-
 MENT 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 DELIV-
 ERY 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.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S1630A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jan 19, 2021 - Floor Vote

Floor Vote: Jan 19, 2021

Jan 19, 2021 - Rules Committee Vote

Rules Committee Vote: Jan 19, 2021

Jan 19, 2021 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: Jan 19, 2021

Bill Amendments

2021-S1630 - Details

2021-S1630 - Summary

2021-S1630 - Sponsor Memo

2021-S1630 - Bill Text download pdf

co-Sponsors

2021-S1630A (ACTIVE) - Details

2021-S1630A (ACTIVE) - Summary

2021-S1630A (ACTIVE) - Sponsor Memo

2021-S1630A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1630A

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2021-S1630 - Details

2021-S1630 - Summary

2021-S1630 - Sponsor Memo

2021-S1630 - Bill Text download pdf

co-Sponsors

2021-S1630A (ACTIVE) - Details

2021-S1630A (ACTIVE) - Summary

2021-S1630A (ACTIVE) - Sponsor Memo

2021-S1630A (ACTIVE) - Bill Text download pdf

Comments