Assembly Bill A9461

2023-2024 Legislative Session

Requires food service establishments disclose if they are operating out of another food service establishment's kitchen or in a location which is not operated exclusively as a kitchen for such establishment

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Current Bill Status - In Assembly Committee

  • 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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2023-A9461 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §350-f-2, Gen Bus L

2023-A9461 (ACTIVE) - Summary

Requires food service establishments disclose if they are operating out of another food service establishment's kitchen or in a location which is not operated exclusively as a kitchen for such establishment.

2023-A9461 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9461
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to requiring  food
   service  establishments  disclose if they are operating out of another
   food service establishment's kitchen or in a  location  which  is  not
   operated exclusively as a kitchen for such food service establishment

   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
 350-f-2 to read as follows:
   § 350-F-2. DISCLOSURES REQUIRED FOR CERTAIN  FOOD  SERVICE  ESTABLISH-
 MENTS. 1. FOR PURPOSES OF THIS SECTION:
   (A)  "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.
   (B) "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.
   (C) "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.  ANY  FOOD SERVICE ESTABLISHMENT, IN MAKING REPRESENTATIONS FOR THE
 PURPOSES OF INDUCING, OR WHICH ARE LIKELY TO INDUCE, DIRECTLY  OR  INDI-
 RECTLY,  THE PURCHASE OF FOOD FROM SUCH ESTABLISHMENT, SHALL CLEARLY AND
 PROMINENTLY DISCLOSE, IN  ANY  ADVERTISEMENT,  ON  SUCH  ESTABLISHMENT'S
 WEBSITE, MOBILE APPLICATION OR OTHER INTERNET SERVICE, AND ON ANY THIRD-
 PARTY  FOOD DELIVERY PLATFORM, IF SUCH ESTABLISHMENT IS OPERATING OUT OF
 A DIFFERENT FOOD SERVICE ESTABLISHMENT'S KITCHEN OR IN A LOCATION  WHICH
 IS  NOT  OPERATED  EXCLUSIVELY AS A KITCHEN FOR SUCH FOOD SERVICE ESTAB-
 LISHMENT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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