LRB-5513/1
KP:cjs
2021 - 2022 LEGISLATURE
January 13, 2022 - Introduced by Senators Testin,
Nass, Wanggaard, Cowles and
Agard, cosponsored by Representatives Kuglitsch, Magnafici, Allen,
Armstrong, Dittrich, Doyle, Edming, Gundrum, Hong, Kitchens,
Ortiz-Velez, J. Rodriguez, Schraa, Sinicki, Snodgrass, Spreitzer, Subeck,
Summerfield and Vruwink. Referred to Committee on Labor and Regulatory
Reform.
SB861,1,2
1An Act to create 100.75 of the statutes;
relating to: third-party food delivery
2services and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill establishes requirements for third-party food delivery services that
operate digital networks and deliver food purchased from restaurants through
digital networks. Specifically, the bill prohibits a third-party food delivery service
from listing a restaurant on its digital network or offering a restaurant's food for
delivery unless the third-party food delivery service first obtains written consent
from the operator of the restaurant. The bill also requires third-party food delivery
services to ensure that menus, descriptions, and prices related to a restaurant are
accurate.
Under the bill, third-party food delivery services must disclose to restaurants
the amount of any commissions, delivery fees, and promotional fees charged, and
must also ensure that individuals delivering food for the third-party food delivery
service have knowledge of basic food safety principles. Third-party food delivery
services must also provide restaurant operators with access to anonymized
information identifying various details related to orders involving the restaurant
and must allow restaurant operators to view and respond to consumer feedback and
reviews.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB861,1
1Section
1. 100.75 of the statutes is created to read:
SB861,2,3
2100.75 Third-party food delivery services. (1) Definitions. In this
3section:
SB861,2,64
(a) “Digital network” means an Internet site or online-enabled application,
5software, or system that allows a consumer to view and search the menus of
6restaurants and purchase food from restaurants for delivery.
SB861,2,87
(b) “Likeness” means an identifiable symbol attributed and easily identified as
8belonging to a particular restaurant.
SB861,2,99
(c) “Restaurant” has the meaning given in s. 97.01 (14g).
SB861,2,1110
(d) “Third-party food delivery service” means a person who operates a digital
11network and delivers food purchased through the digital network to consumers.
SB861,2,16
12(2) Requirements. (a) 1. A 3rd-party food delivery service may not list a
13restaurant on its digital network or offer a restaurant's food for delivery unless the
143rd-party food delivery service first obtains written consent from the operator of the
15restaurant to list the restaurant on its digital network; use the restaurant's name,
16menu, likeness, and images; and offer the restaurant's food to consumers.
SB861,2,1917
2. A 3rd-party food delivery service shall work with a restaurant listed on its
18digital network to ensure that the menu, menu descriptions, and prices related to the
19restaurant are accurate.
SB861,2,2420
3. If a 3rd-party food delivery service has not entered into a contract with a
21restaurant, the 3rd-party food delivery service may not represent that it has a
22contractual relationship with the restaurant and, if requested by the restaurant,
23may not list the restaurant on its digital network; use the restaurant's name, menu,
24likeness, or images; or offer the restaurant's food to consumers.
SB861,3,2
1(b) A 3rd-party food delivery service shall disclose to restaurants the amount
2of any commissions, delivery fees, and promotional fees charged.
SB861,3,53
(c) The terms of a contract between a 3rd-party food delivery service and a
4restaurant related to fees, costs, marketing practices involving the restaurant or its
5likeness, insurance, and indemnification shall be clear.
SB861,3,76
(d) 1. An individual delivering food for a 3rd-party food delivery service may
7not touch food ordered by a consumer.
SB861,3,118
2. A 3rd-party food delivery service shall ensure that individuals delivering
9food for the 3rd-party delivery service have knowledge of basic food safety principles,
10including personal hygiene, types of contamination, time and temperature control,
11cleaning, and sanitizing.
SB861,3,1512
(e) 1. A 3rd-party food delivery service shall provide an operator of a restaurant
13that provides consent under par. (a) 1. with access to anonymized information that
14identifies all of the following related to orders placed with the 3rd-party food delivery
15service involving the restaurant:
SB861,3,1616
a. The contents of orders.
SB861,3,1717
b. The times that orders are placed.
SB861,3,1818
c. Whether orders originate from the 3rd-party's application or Internet site.
SB861,3,1919
d. Whether orders involve a promotion.
SB861,3,2020
e. Average delivery times after orders leave the restaurant.
SB861,3,2121
f. Whether orders are from new customers or repeat customers.
SB861,3,2422
2. A 3rd-party food delivery service shall allow an operator of a restaurant that
23provides consent under par. (a) 1. to view and respond to consumer feedback and
24reviews.
SB861,4,3
13. At the request of an operator of a restaurant that provides consent under par.
2(a) 1., a 3rd-party food delivery service shall allow consumers while placing an order
3to elect to receive communications from the restaurant.
SB861,4,7
4(3) Penalty. If a 3rd-party food delivery service violates sub. (2), the
5department may commence an action against the 3rd-party food delivery service in
6the name of the state to recover a civil forfeiture of not more than $10,000 for each
7violation.
SB861,2
8Section
2.
Initial applicability.
SB861,4,119
(1) This act first applies to a contract between a restaurant, as defined in s.
10100.75 (1) (c), and a 3rd-party food delivery service, as defined in s. 100.75 (1) (d),
11that is entered into, renewed, or modified on the effective date of this subsection.
