STATE OF NEW YORK
2021-2022 Regular Sessions
January 6, 2021
Introduced by M. of A. McDONALD, FAHY, WOERNER -- read once and referred
to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting
unauthorized listing of food places on the application and/or website
of food delivery platforms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 391-v to read as follows:
3 § 391-v. Consumer transparency; food delivery platforms. 1. For the
4 purposes of this section, the following terms shall have the following
6 (a) "Food delivery platform" means an online business including, but
7 not limited to, third-party food delivery application companies that act
8 as an intermediary between consumers and multiple food places to submit
9 food orders from a consumer to a participating food place, and to
10 arrange for the delivery of such order from such food place to the
12 (b) "Food place" means any restaurant, dining room, food truck, or
13 other business engaged in the preparation and service of food for
14 consumption by the general public on or off premises.
15 2. A food delivery platform shall not arrange for the delivery of an
16 order from a food place without first entering into a written agreement
17 with such food place expressly authorizing such food delivery platform
18 to take orders and to deliver food and/or beverages prepared by such
19 food place.
20 3. A food delivery platform shall be prohibited from listing a food
21 place on its application and/or website as a participating food place
22 without first executing a written agreement pursuant to subdivision two
23 of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 784 2
1 4. In the event a food delivery platform receives a written request
2 from a food place requesting that such food place be removed from such
3 food delivery platform's application and/or website, such food delivery
4 platform shall confirm receipt of such request and remove such food
5 place from its application and/or website immediately thereafter.
6 5. In the event that a food delivery platform does not remove a food
7 place from its application and/or website after receiving a request to
8 do so from such food place within five business days of receiving such
9 request, such food delivery platform shall be fined five hundred dollars
10 for each day such food delivery platform fails to remove such food place
11 from its application and/or website.
12 § 2. This act shall take effect immediately.