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AB-2149 Food delivery platforms.(2019-2020)

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Date Published: 05/12/2020 09:00 PM
AB2149:v98#DOCUMENT

Amended  IN  Assembly  May 12, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2149


Introduced by Assembly Member Gonzalez

February 10, 2020


An act to add Chapter 22.4 (commencing with Section 22598) to Division 8 of the Business and Professions Code, relating to data sharing. business.


LEGISLATIVE COUNSEL'S DIGEST


AB 2149, as amended, Gonzalez. Data sharing: food Food delivery platforms.
The California Retail Food Code (code) generally requires various businesses that prepare or otherwise provide food to the public to comply with uniform health and sanitation standards. The code defines “food facility” for its purposes as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.
This bill would enact the Fair Food Delivery Act of 2020, to prohibit a food delivery platform from posting a menu of, or otherwise using the likeness, registered trademark, or any intellectual property belonging to, a food facility without the express written consent of the food facility. The bill would define a “food delivery platform” as an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility, and to arrange for the delivery of the order from the food facility to the consumer.

Existing law, the California Consumer Privacy Act of 2018, grants a consumer various rights in connection with a business, as defined, that collects the consumer’s personal information. The act defines various terms for these purposes. The act prohibits a business from discriminating against a consumer for exercising any of the consumer’s rights under the act, except as specified. The act requires a business to make certain disclosures to consumers regarding a consumer’s rights under the act in a specified manner.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities for regulation by the State Department of Public Health and requires local health agencies to enforce those provisions. Existing law defines “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.

This bill would authorize a food delivery platform, as defined, to share certain consumer information with a food facility with respect to consumers who have purchased food from the food facility through the food delivery platform, except as specified. The bill would authorize the sharing of a consumer’s email address, telephone number, and delivery address. The bill would limit the requesting of that information to one request per calendar year.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known, and may be cited, as the Fair Food Delivery Act of 2020.

SEC. 2.

 Chapter 22.4 (commencing with Section 22598) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  22.4. Food Delivery Platforms

22598.
 For purposes of this chapter, the following definitions shall apply:
(a) “Food delivery platform” means an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility, and to arrange for the delivery of the order from the food facility to the consumer.
(b) “Food facility” means a food facility, as defined in Section 113789 of the Health and Safety Code.

22599.
 A food delivery platform shall not post a menu of, or otherwise use the likeness, registered trademark, or any intellectual property belonging to, a food facility without the express written consent of the food facility.

SECTION 1.Chapter 22.4 (commencing with Section 22598) is added to Division 8 of the Business and Professions Code, to read:
22.4.Food Delivery Platforms
22598.

For purposes of this chapter, the following definitions shall apply:

(a)“Consumer” means any individual utilizing a food delivery platform to have food delivered to them from a food facility.

(b)“Food delivery platform” means an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility, and to arrange for the delivery of the order from the food facility to the consumer.

(c)“Food facility” means a food facility, as defined in Section 113789 of the Health and Safety Code.

22599.

(a)Upon the request of a participating food facility, a food delivery platform shall share the following information relating to consumers that have purchased food from the food facility through the food delivery platform:

(1)Contact information provided by consumers to the food delivery platform, including a consumer’s email address, telephone number, and delivery address.

(2)Purchase history with the requesting food facility.

(b)Subdivision (a) shall not apply to the personal information of a consumer who has exercised their right to opt-out of the sale of personal information by the food delivery platform pursuant to Section 1798.120 of the Civil Code.

(c)A food facility may make no more than one request per calendar year under this section.

(d)(1)A request for data under this section may cover any period of time for which the food delivery platform and food facility engaged in business.

(2)A food delivery platform shall provide the data requested under this section notwithstanding the expiration of any contract or agreement between the food delivery platform and food facility.

(e)A food delivery platform shall furnish the data requested within 30 days from the date a request was submitted by a food facility.