Sen. Sara Feigenholtz

Filed: 2/18/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 2975 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Fair
5Food and Retail Delivery Act.
6    Section 5. Definitions. As used in this Act:
7    "Agreement" means a written contractual agreement between
8the merchant and a third-party delivery service.
9    "Customer" means the person, business, or other entity
10that places an order for merchant products through the
12    "Food protection certification entity" means an entity
13that provides independent, third-party accredited food safety
14training and certification programs compliant with national
15standards for safe food delivery issued by the United States
16Food and Drug Administration, the Centers for Disease Control



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1and Prevention, and the United States Department of
3    "Likeness" means identifiable symbols attributed and
4easily identified as belonging to a specific merchant or
6    "Marketplace" means a third-party delivery service's
7proprietary online communication platform by means of which
8customers may view, search, and place orders for the products
9of merchants via the third-party delivery service's website or
10mobile application for delivery by the third-party delivery
11service to the customer.
12    "Merchant" means a restaurant, bar, or other retail
14    "Restaurant" means any merchant that is primarily engaged
15in the sale of ready-to-eat food for immediate consumption.
16"Primarily engaged" means having sales of ready-to-eat food
17for immediate consumption comprising at least 51% of total
18sales, excluding the sale of liquor.
19    "Third-party delivery service" means a company,
20organization, or entity outside of the operation of the
21merchant's business, not wholly owned by the merchant, that
22provides limited delivery services to customers through the
24    "Third-party delivery service driver" means an individual
25outside of the operation of the merchant's business that
26provides limited delivery services on behalf of a third-party



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1delivery service to customers.
2    Section 10. Third-party use of merchant likenesses and
3delivery. A third-party delivery service may not purchase or
4use the name, likeness, registered trademark, or intellectual
5property belonging to a merchant, and may not take or arrange
6for the pickup or delivery of an order from a merchant through
7the marketplace, without first obtaining written consent from
8the merchant.
9    Section 15. Third-party delivery service driver training
11    (a) All third-party delivery service drivers that deliver
12ready-to-eat food from a restaurant to customers shall be
13required to complete training in basic food delivery safety
14principles as described in subsection (b) within 30 days after
15commencing ready-to-eat food delivery services. The training
16shall be renewed at least every 3 years and the third-party
17delivery service is responsible for ensuring that every
18third-party delivery service driver providing delivery
19services of ready-to-eat food to customers on its behalf has
20completed the requisite training.
21    (b) Food delivery safety training must be provided by a
22food protection certification entity and shall, at a minimum,
23address 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
7between a merchant and third-party food delivery service for
8the provision of limited third-party delivery services entered
9into or renewed after the effective date of this Act may not
10include a provision that requires a merchant to indemnify a
11third-party delivery service, an independent contractor of the
12third-party delivery service, a third-party delivery service
13driver, or a registered agent of the third-party delivery
14service for any damages or harm partially or wholly caused by
15or resulting from the third-party delivery service, an
16independent contractor of the third-party delivery service, or
17a 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
20delivery is arranged through the marketplace, by a third-party
21delivery service in violation of this Act may bring an action
22in the circuit court in the county in which the merchant or
23third-party delivery service conducts business to recover
24actual damages or $5,000, whichever is greater. The court may,



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1in its discretion, award punitive damages and other equitable
2relief it deems appropriate.
3    (b) A merchant may bring an action in the circuit court in
4the county in which the third-party delivery service conducts
5business against a third-party delivery service that utilizes
6third-party delivery service drivers who have not completed
7the requisite training in accordance with Section 15 to
8recover actual damages or $5,000, whichever is greater.
9    (c) The court may impose upon a third-party delivery
10service found to have violated this Act a civil penalty of not
11more than $1,000 per violation payable to the State. Each day a
12violation occurs shall count as a separate violation.".