Full Text of SB2975 102nd General Assembly
SB2975sam002 102ND GENERAL ASSEMBLY | Sen. Sara Feigenholtz Filed: 3/4/2022
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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 agreement between a merchant | 8 | | and a third-party delivery service. | 9 | | "Customer" means the person, business, or other entity | 10 | | that places an order for a merchant's products through a | 11 | | digital network. | 12 | | "Digital network" means a third-party delivery service's | 13 | | Internet site or online-enabled application, software, or | 14 | | system that allows a customer to view, search, and purchase | 15 | | products for delivery by a third-party delivery service to a | 16 | | customer. |
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| 1 | | "Food protection certification entity" means an entity | 2 | | that provides independent, third-party accredited food safety | 3 | | training and certification programs compliant with national | 4 | | standards for safe food delivery issued by the United States | 5 | | Food and Drug Administration, the Centers for Disease Control | 6 | | and Prevention, and the United States Department of | 7 | | Agriculture. | 8 | | "Likeness" means identifiable symbols attributed and | 9 | | easily identified as belonging to a specific merchant or | 10 | | retailer. | 11 | | "Merchant" means a restaurant, bar, or other retail | 12 | | entity. | 13 | | "Primarily engaged" means having sales of ready-to-eat | 14 | | food for immediate consumption comprising at least 51% of | 15 | | total sales, excluding sales of liquor. | 16 | | "Restaurant" means any merchant that is primarily engaged | 17 | | in the sale of ready-to-eat food for immediate consumption. | 18 | | "Third-party delivery service" means a company, | 19 | | organization, person, or entity outside of the operation of | 20 | | the merchant's business, not wholly owned by the merchant, | 21 | | that provides delivery services to customers through a digital | 22 | | network. | 23 | | "Third-party delivery service driver" means an individual | 24 | | that provides delivery services on behalf of a third-party | 25 | | delivery service to customers. |
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| 1 | | Section 10. Third-party use of merchant likenesses and | 2 | | delivery. A third-party delivery service may not purchase or | 3 | | use the name, likeness, registered trademark, or intellectual | 4 | | property belonging to a merchant, and may not take or arrange | 5 | | for the pickup or delivery of an order from a merchant through | 6 | | a digital network, without first obtaining written consent | 7 | | from the merchant. | 8 | | Section 15. Third-party delivery service driver education | 9 | | requirement. | 10 | | (a) Any third-party delivery service driver that delivers | 11 | | ready-to-eat food from a restaurant shall participate in | 12 | | delivery service driver food safety education prior to | 13 | | engaging in any delivery services. A third-party delivery | 14 | | service shall ensure all third-party delivery service drivers | 15 | | that deliver ready-to-eat food from a restaurant have | 16 | | completed the requisite education within 30 days after the | 17 | | effective date of this Act and at least once annually. | 18 | | (b) Delivery service driver food safety education may be | 19 | | provided by a food protection certification entity or a | 20 | | third-party delivery service and shall include, at a minimum, | 21 | | proper methods to mitigate the risk of foodborne illness when | 22 | | transporting food, maintaining proper time and holding | 23 | | temperatures of food, methods to prevent cross contamination, | 24 | | and the relationship between food safety and personal and | 25 | | vehicle hygiene. |
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| 1 | | Section 20. Indemnity agreements void. An agreement | 2 | | between a merchant and third-party food delivery service for | 3 | | the provision of limited third-party delivery services entered | 4 | | into or renewed after the effective date of this Act may not | 5 | | include a provision that requires a merchant to indemnify a | 6 | | third-party delivery service, an independent contractor of the | 7 | | third-party delivery service, a third-party delivery service | 8 | | driver, or a registered agent of the third-party delivery | 9 | | service for any damages or harm partially or wholly caused by | 10 | | or resulting from the third-party delivery service, an | 11 | | independent contractor of the third-party delivery service, a | 12 | | third-party delivery service driver, or a registered agent of | 13 | | the third-party delivery service. | 14 | | Section 25. Enforcement and penalties. A merchant whose | 15 | | likeness is used, or pickup or delivery is arranged through a | 16 | | third-party delivery service in violation of Section 10, may | 17 | | bring an action in the circuit court in the county in which the | 18 | | merchant conducts business to recover actual damages or up to | 19 | | $5,000, whichever is greater. The court may, in its | 20 | | discretion, award punitive damages and other equitable relief | 21 | | it deems appropriate.".
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