Sen. Sara Feigenholtz

Filed: 3/4/2022





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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 agreement between a merchant
8and a third-party delivery service.
9    "Customer" means the person, business, or other entity
10that places an order for a merchant's products through a
11digital network.
12    "Digital network" means a third-party delivery service's
13Internet site or online-enabled application, software, or
14system that allows a customer to view, search, and purchase
15products for delivery by a third-party delivery service to a



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1    "Food protection certification entity" means an entity
2that provides independent, third-party accredited food safety
3training and certification programs compliant with national
4standards for safe food delivery issued by the United States
5Food and Drug Administration, the Centers for Disease Control
6and Prevention, and the United States Department of
8    "Likeness" means identifiable symbols attributed and
9easily identified as belonging to a specific merchant or
11    "Merchant" means a restaurant, bar, or other retail
13    "Primarily engaged" means having sales of ready-to-eat
14food for immediate consumption comprising at least 51% of
15total sales, excluding sales of liquor.
16    "Restaurant" means any merchant that is primarily engaged
17in the sale of ready-to-eat food for immediate consumption.
18    "Third-party delivery service" means a company,
19organization, person, or entity outside of the operation of
20the merchant's business, not wholly owned by the merchant,
21that provides delivery services to customers through a digital
23    "Third-party delivery service driver" means an individual
24that provides delivery services on behalf of a third-party
25delivery service to customers.



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1    Section 10. Third-party use of merchant likenesses and
2delivery. A third-party delivery service may not purchase or
3use the name, likeness, registered trademark, or intellectual
4property belonging to a merchant, and may not take or arrange
5for the pickup or delivery of an order from a merchant through
6a digital network, without first obtaining written consent
7from the merchant.
8    Section 15. Third-party delivery service driver education
10    (a) Any third-party delivery service driver that delivers
11ready-to-eat food from a restaurant shall participate in
12delivery service driver food safety education prior to
13engaging in any delivery services. A third-party delivery
14service shall ensure all third-party delivery service drivers
15that deliver ready-to-eat food from a restaurant have
16completed the requisite education within 30 days after the
17effective date of this Act and at least once annually.
18    (b) Delivery service driver food safety education may be
19provided by a food protection certification entity or a
20third-party delivery service and shall include, at a minimum,
21proper methods to mitigate the risk of foodborne illness when
22transporting food, maintaining proper time and holding
23temperatures of food, methods to prevent cross contamination,
24and the relationship between food safety and personal and
25vehicle hygiene.



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1    Section 20. Indemnity agreements void. An agreement
2between a merchant and third-party food delivery service for
3the provision of limited third-party delivery services entered
4into or renewed after the effective date of this Act may not
5include a provision that requires a merchant to indemnify a
6third-party delivery service, an independent contractor of the
7third-party delivery service, a third-party delivery service
8driver, or a registered agent of the third-party delivery
9service for any damages or harm partially or wholly caused by
10or resulting from the third-party delivery service, an
11independent contractor of the third-party delivery service, a
12third-party delivery service driver, or a registered agent of
13the third-party delivery service.
14    Section 25. Enforcement and penalties. A merchant whose
15likeness is used, or pickup or delivery is arranged through a
16third-party delivery service in violation of Section 10, may
17bring an action in the circuit court in the county in which the
18merchant conducts business to recover actual damages or up to
19$5,000, whichever is greater. The court may, in its
20discretion, award punitive damages and other equitable relief
21it deems appropriate.".