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

Current Version: 09/24/20 - Chaptered         Compare Versions information image

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


 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
 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) (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.
(c) (b)  “Food facility” means a food facility, as defined in Section 113789 of the Health and Safety Code.
 (a) A  Upon the request of a participating food facility, a food   food  delivery platform shall share the following information relating to consumers that have purchased food from  not arrange for the delivery of an order from a food facility without first obtaining an agreement with  the food facility through  expressly authorizing  the food delivery platform: platform to take orders and deliver meals prepared by the food facility. 
(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.