Existing law, the Fair Food Delivery Act of 2020, defines a “food delivery platform” as an online business that acts as an intermediary between consumers and multiple food facilities, as defined, to submit food orders and arrange for the delivery of the order, and prohibits a food delivery platform from arranging for the delivery of an order from a food facility without first obtaining an agreement with the food facility. Existing law requires a food delivery platform to pay any tip or gratuity for a delivery order, in its entirety, to the person delivering the food or beverage. Existing law also requires a food delivery platform to disclose to the customer an accurate, clearly identified, and itemized cost breakdown of each transaction, as specified.

Commencing on March 1, 2025, this bill would additionally require the food delivery platform to provide to a customer the first name and picture of the driver on its online-enabled application or platform at the time the customer is notified their purchase is out for delivery. The bill would exempt a food delivery platform from that requirement if the food facility uses its own delivery driver for the delivery of an order or receives the order through the food facility’s internet website or a third party that is not the food delivery platform.