SB2975sam002 102ND GENERAL ASSEMBLY

Sen. Sara Feigenholtz

Filed: 3/4/2022

10200SB2975sam002 LRB102 22173 SPS 37338 a

AMENDMENT TO SENATE BILL 2975

AMENDMENT NO. ______. Amend Senate Bill 2975 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Fair Food and Retail Delivery Act.

Section 5. Definitions. As used in this Act:

"Agreement" means a written agreement between a merchant and a third-party delivery service.

"Customer" means the person, business, or other entity that places an order for a merchant's products through a digital network.

"Digital network" means a third-party delivery service's Internet site or online-enabled application, software, or system that allows a customer to view, search, and purchase products for delivery by a third-party delivery service to a customer.

"Food protection certification entity" means an entity that provides independent, third-party accredited food safety training and certification programs compliant with national standards for safe food delivery issued by the United States Food and Drug Administration, the Centers for Disease Control and Prevention, and the United States Department of Agriculture.

"Likeness" means identifiable symbols attributed and easily identified as belonging to a specific merchant or retailer.

"Merchant" means a restaurant, bar, or other retail entity.

"Primarily engaged" means having sales of ready-to-eat food for immediate consumption comprising at least 51% of total sales, excluding sales of liquor.

"Restaurant" means any merchant that is primarily engaged in the sale of ready-to-eat food for immediate consumption.

"Third-party delivery service" means a company, organization, person, or entity outside of the operation of the merchant's business, not wholly owned by the merchant, that provides delivery services to customers through a digital network.

"Third-party delivery service driver" means an individual that provides delivery services on behalf of a third-party delivery service to customers.

Section 10. Third-party use of merchant likenesses and delivery. A third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or delivery of an order from a merchant through a digital network, without first obtaining written consent from the merchant.

Section 15. Third-party delivery service driver education requirement.

(a) Any third-party delivery service driver that delivers ready-to-eat food from a restaurant shall participate in delivery service driver food safety education prior to engaging in any delivery services. A third-party delivery service shall ensure all third-party delivery service drivers that deliver ready-to-eat food from a restaurant have completed the requisite education within 30 days after the effective date of this Act and at least once annually.

(b) Delivery service driver food safety education may be provided by a food protection certification entity or a third-party delivery service and shall include, at a minimum, proper methods to mitigate the risk of foodborne illness when transporting food, maintaining proper time and holding temperatures of food, methods to prevent cross contamination, and the relationship between food safety and personal and vehicle hygiene.

Section 20. Indemnity agreements void. An agreement between a merchant and third-party food delivery service for the provision of limited third-party delivery services entered into or renewed after the effective date of this Act may not include a provision that requires a merchant to indemnify a third-party delivery service, an independent contractor of the third-party delivery service, a third-party delivery service driver, or a registered agent of the third-party delivery service for any damages or harm partially or wholly caused by or resulting from the third-party delivery service, an independent contractor of the third-party delivery service, a third-party delivery service driver, or a registered agent of the third-party delivery service.

Section 25. Enforcement and penalties. A merchant whose likeness is used, or pickup or delivery is arranged through a third-party delivery service in violation of Section 10, may bring an action in the circuit court in the county in which the merchant conducts business to recover actual damages or up to $5,000, whichever is greater. The court may, in its discretion, award punitive damages and other equitable relief it deems appropriate.".