2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 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.