N.Y. General Business Law § 391-v: Third-party food delivery agreements

§ 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

authorizing 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

delivery platform without a valid agreement with the food service

establishment 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

delivery 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.