Full Text of SB2975 102nd General Assembly
SB2975sam001 102ND GENERAL ASSEMBLY | Sen. Sara Feigenholtz Filed: 2/18/2022
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| 1 | | AMENDMENT TO SENATE BILL 2975
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2975 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Fair | 5 | | Food and Retail Delivery Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Agreement" means a written contractual agreement between | 8 | | the merchant and a third-party delivery service. | 9 | | "Customer" means the person, business, or other entity | 10 | | that places an order for merchant products through the | 11 | | marketplace. | 12 | | "Food protection certification entity" means an entity | 13 | | that provides independent, third-party accredited food safety | 14 | | training and certification programs compliant with national | 15 | | standards for safe food delivery issued by the United States | 16 | | Food and Drug Administration, the Centers for Disease Control |
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| 1 | | and Prevention, and the United States Department of | 2 | | Agriculture. | 3 | | "Likeness" means identifiable symbols attributed and | 4 | | easily identified as belonging to a specific merchant or | 5 | | retailer. | 6 | | "Marketplace" means a third-party delivery service's | 7 | | proprietary online communication platform by means of which | 8 | | customers may view, search, and place orders for the products | 9 | | of merchants via the third-party delivery service's website or | 10 | | mobile application for delivery by the third-party delivery | 11 | | service to the customer. | 12 | | "Merchant" means a restaurant, bar, or other retail | 13 | | entity. | 14 | | "Restaurant" means any merchant that is primarily engaged | 15 | | in the sale of ready-to-eat food for immediate consumption. | 16 | | "Primarily engaged" means having sales of ready-to-eat food | 17 | | for immediate consumption comprising at least 51% of total | 18 | | sales, excluding the sale of liquor. | 19 | | "Third-party delivery service" means a company, | 20 | | organization, or entity outside of the operation of the | 21 | | merchant's business, not wholly owned by the merchant, that | 22 | | provides limited delivery services to customers through the | 23 | | marketplace. | 24 | | "Third-party delivery service driver" means an individual | 25 | | outside of the operation of the merchant's business that | 26 | | provides limited delivery services on behalf of a third-party |
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| 1 | | delivery service to customers. | 2 | | Section 10. Third-party use of merchant likenesses and | 3 | | delivery. A third-party delivery service may not purchase or | 4 | | use the name, likeness, registered trademark, or intellectual | 5 | | property belonging to a merchant, and may not take or arrange | 6 | | for the pickup or delivery of an order from a merchant through | 7 | | the marketplace, without first obtaining written consent from | 8 | | the merchant. | 9 | | Section 15. Third-party delivery service driver training | 10 | | requirement. | 11 | | (a) All third-party delivery service drivers that deliver | 12 | | ready-to-eat food from a restaurant to customers shall be | 13 | | required to complete training in basic food delivery safety | 14 | | principles as described in subsection (b) within 30 days after | 15 | | commencing ready-to-eat food delivery services. The training | 16 | | shall be renewed at least every 3 years and the third-party | 17 | | delivery service is responsible for ensuring that every | 18 | | third-party delivery service driver providing delivery | 19 | | services of ready-to-eat food to customers on its behalf has | 20 | | completed the requisite training. | 21 | | (b) Food delivery safety training must be provided by a | 22 | | food protection certification entity and shall, at a minimum, | 23 | | address the following topics: | 24 | | (1) the relationship between time and temperature with |
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| 1 | | respect to foodborne illness during delivery; | 2 | | (2) the relationship between personal hygiene and food | 3 | | delivery safety; and | 4 | | (3) methods of preventing food contamination during | 5 | | pick up, transport, and drop off. | 6 | | Section 20. Indemnity agreements void. An agreement | 7 | | between a merchant and third-party food delivery service for | 8 | | the provision of limited third-party delivery services entered | 9 | | into or renewed after the effective date of this Act may not | 10 | | include a provision that requires a merchant to indemnify a | 11 | | third-party delivery service, an independent contractor of the | 12 | | third-party delivery service, a third-party delivery service | 13 | | driver, or a registered agent of the third-party delivery | 14 | | service for any damages or harm partially or wholly caused by | 15 | | or resulting from the third-party delivery service, an | 16 | | independent contractor of the third-party delivery service, or | 17 | | a registered agent of the third-party delivery service. | 18 | | Section 25. Enforcement and penalties. | 19 | | (a) A merchant whose likeness is used, or pickup or | 20 | | delivery is arranged through the marketplace, by a third-party | 21 | | delivery service in violation of this Act may bring an action | 22 | | in the circuit court in the county in which the merchant or | 23 | | third-party delivery service conducts business to recover | 24 | | actual damages or $5,000, whichever is greater. The court may, |
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| 1 | | in its discretion, award punitive damages and other equitable | 2 | | relief it deems appropriate. | 3 | | (b) A merchant may bring an action in the circuit court in | 4 | | the county in which the third-party delivery service conducts | 5 | | business against a third-party delivery service that utilizes | 6 | | third-party delivery service drivers who have not completed | 7 | | the requisite training in accordance with Section 15 to | 8 | | recover actual damages or $5,000, whichever is greater. | 9 | | (c) The court may impose upon a third-party delivery | 10 | | service found to have violated this Act a civil penalty of not | 11 | | more than $1,000 per violation payable to the State. Each day a | 12 | | violation occurs shall count as a separate violation.".
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