This text of New York § 391-V (Third-party food delivery agreements) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 391-v. Third-party food delivery agreements.
1.For the purposes of\nthis section, the following terms shall have the following meanings:\n (a) "Agreement" means a written contractual agreement between a food\nservice establishment and a third-party food delivery service\nauthorizing the inclusion of the food service establishment's products\non the third-party food delivery platform.\n (b) "Food service establishment" means a place where food is provided\nfor individual portion service directly to the consumer whether such\nfood is provided free of charge or sold, and whether consumption occurs\non or off the premises or is provided from a pushcart, stand or vehicle.\n (c) "Third-party food delivery service" means any website, mobile\napplication or other internet service that offe
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§ 391-v. Third-party food delivery agreements. 1. For the purposes of\nthis section, the following terms shall have the following meanings:\n (a) "Agreement" means a written contractual agreement between a food\nservice establishment and a third-party food delivery service\nauthorizing the inclusion of the food service establishment's products\non the third-party food delivery platform.\n (b) "Food service establishment" means a place where food is provided\nfor individual portion service directly to the consumer whether such\nfood is provided free of charge or sold, and whether consumption occurs\non or off the premises or is provided from a pushcart, stand or vehicle.\n (c) "Third-party food delivery service" means any website, mobile\napplication or other internet service that offers or arranges for the\nsale or delivery of food and beverages prepared by, and the same-day\ndelivery or same-day pickup of food and beverage from, a food service\nestablishment located in the state.\n (d) "Third-party food delivery platform" means the online or mobile\nplatform of the third-party food delivery service on which a consumer\ncan view products available for sale and place an order for a food\nservice establishment's products.\n 2. (a) A third-party food delivery service shall not list, advertise,\npromote, or sell a food service establishment's products, or arrange for\nthe delivery of an order of such products, on a third-party food\ndelivery platform without a valid agreement with the food service\nestablishment authorizing the inclusion of their products on such\nplatform.\n (b) An agreement executed in accordance with this section shall not\ninclude a provision, clause, or covenant that requires a food service\nestablishment to indemnify a third-party food delivery service, any\nindependent contractor acting on behalf of the third-party food delivery\nservice, or any registered agent of the third-party food delivery\nservice, for any damages or harm by an act or omission occurring after\nthe food service establishment's product leaves the place of business of\nthe food service establishment. To the extent an agreement contains such\na provision, such provision shall be deemed void and unenforceable.\n (c) A food service establishment included on a third-party food\ndelivery platform in violation of this section shall have the right to\nbring an action in a court of competent jurisdiction for damages,\npenalties as set forth in this section, and injunctive relief. Such\ncourt, in its discretion, may also award reasonable court costs and\nattorneys' fees.\n (d) Any person that violates any provision of this section shall be\nsubject to a civil penalty of up to one thousand dollars per violation.\nEach day a food service establishment is included on a third-party food\ndelivery platform and each food service establishment included on a\nthird-party food delivery platform shall be considered a separate\nviolation.\n