2021 - 2022 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 861
February 11, 2022 - Offered by Senator Testin.
SB861-SSA1,1,2
1An Act to create 100.75 of the statutes;
relating to: third-party food delivery
2services and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB861-SSA1,1
3Section
1. 100.75 of the statutes is created to read:
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4100.75 Third-party food delivery services. (1) Definitions. In this
5section:
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(a) “Consent” means a mutual acknowledgment by both a restaurant and a
73rd-party food delivery service, including a mutual acknowledgment obtained
8electronically or orally.
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(b) “Digital network” means an Internet site or online-enabled application,
10software, or system that allows a consumer to view and search the menus of
11restaurants and purchase food from restaurants for delivery.
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1(c) “Restaurant” has the meaning given in s. 125.02 (18).
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(d) “Third-party food delivery service” means a person who operates a digital
3network and delivers food purchased through the digital network to consumers.
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4(2) Listing; removal. (a) A 3rd-party food delivery service shall provide a
5publicly accessible process for a restaurant to request the removal of the restaurant
6from the digital network of the 3rd-party food delivery service.
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(b) If a restaurant requests to be removed from the digital network of a
83rd-party food delivery service, all of the following apply:
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1. The 3rd-party food delivery service shall remove the restaurant from its
10digital network within 3 business days of receiving the request.
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2. The 3rd-party food delivery service may not list the restaurant on its digital
12network, offer the restaurant's food for delivery, or use the restaurant's name,
13address, logo, or menu without consent.
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(c) A 3rd-party food delivery service may not solicit requests from consumers
15for a restaurant to be added to the digital network of the 3rd-party food delivery
16service.
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17(3) Delivery requirements. A 3rd-party food delivery service shall ensure that
18individuals delivering food for the 3rd-party food delivery service have knowledge
19of basic food safety principles, including personal hygiene and avoiding cross
20contamination.
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21(4) Sharing of data. A 3rd-party food delivery service shall provide to an owner
22or operator of a restaurant listed on its digital network information that identifies
23all of the following related to orders placed with the 3rd-party food delivery service
24involving the restaurant:
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(a) The contents of orders.
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1(b) The times that orders are placed.
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2(5) Penalties. If a 3rd-party food delivery service violates sub. (2) (b), the
3department may commence an action against the 3rd-party food delivery service in
4the name of the state to recover one of the following penalties:
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(a) For a first violation involving a particular restaurant, a civil forfeiture of
6$1,000.
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(b) For a 2nd violation involving a particular restaurant, a civil forfeiture of
8$5,000.
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(c) For a 3rd or subsequent violation involving a particular restaurant, a civil
10forfeiture of $10,000.
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(1)
This act takes effect on the first day of the 7th month beginning after
13publication.
