California 2023-2024 Regular Session

California Assembly Bill AB375 Latest Draft

Bill / Chaptered Version Filed 07/15/2024

                            Assembly Bill No. 375 CHAPTER 84An act to add Section 22599.3 to the Business and Professions Code, relating to business.  [ Approved by  Governor  July 15, 2024.  Filed with  Secretary of State  July 15, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 375, Davies. Food delivery platforms: disclosure of delivery drivers identity.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 facilitys internet website or a third party that is not the food delivery platform.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 22599.3 is added to the Business and Professions Code, to read:22599.3. (a) Unless exempt pursuant to subdivision (b), a food delivery platform shall provide all of the following information to a customer on its online-enabled application or platform at the time the customer is notified their purchase is out for delivery:(1) The drivers first name.(2) A picture of the driver.(b) This section shall not apply to an order if either of the following apply:(1) The food facility uses its own delivery driver for delivery of the order.(2) The food facility receives the order through the food facilitys internet website or a third party that is not the food delivery platform.(c) This section shall take effect on March 1, 2025.

 Assembly Bill No. 375 CHAPTER 84An act to add Section 22599.3 to the Business and Professions Code, relating to business.  [ Approved by  Governor  July 15, 2024.  Filed with  Secretary of State  July 15, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 375, Davies. Food delivery platforms: disclosure of delivery drivers identity.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 facilitys internet website or a third party that is not the food delivery platform.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Assembly Bill No. 375 CHAPTER 84

 Assembly Bill No. 375

 CHAPTER 84

An act to add Section 22599.3 to the Business and Professions Code, relating to business. 

 [ Approved by  Governor  July 15, 2024.  Filed with  Secretary of State  July 15, 2024. ] 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 375, Davies. Food delivery platforms: disclosure of delivery drivers identity.

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 facilitys internet website or a third party that is not the food delivery platform.

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 facilitys internet website or a third party that is not the food delivery platform.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 22599.3 is added to the Business and Professions Code, to read:22599.3. (a) Unless exempt pursuant to subdivision (b), a food delivery platform shall provide all of the following information to a customer on its online-enabled application or platform at the time the customer is notified their purchase is out for delivery:(1) The drivers first name.(2) A picture of the driver.(b) This section shall not apply to an order if either of the following apply:(1) The food facility uses its own delivery driver for delivery of the order.(2) The food facility receives the order through the food facilitys internet website or a third party that is not the food delivery platform.(c) This section shall take effect on March 1, 2025.

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

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

SECTION 1. Section 22599.3 is added to the Business and Professions Code, to read:22599.3. (a) Unless exempt pursuant to subdivision (b), a food delivery platform shall provide all of the following information to a customer on its online-enabled application or platform at the time the customer is notified their purchase is out for delivery:(1) The drivers first name.(2) A picture of the driver.(b) This section shall not apply to an order if either of the following apply:(1) The food facility uses its own delivery driver for delivery of the order.(2) The food facility receives the order through the food facilitys internet website or a third party that is not the food delivery platform.(c) This section shall take effect on March 1, 2025.

SECTION 1. Section 22599.3 is added to the Business and Professions Code, to read:

### SECTION 1.

22599.3. (a) Unless exempt pursuant to subdivision (b), a food delivery platform shall provide all of the following information to a customer on its online-enabled application or platform at the time the customer is notified their purchase is out for delivery:(1) The drivers first name.(2) A picture of the driver.(b) This section shall not apply to an order if either of the following apply:(1) The food facility uses its own delivery driver for delivery of the order.(2) The food facility receives the order through the food facilitys internet website or a third party that is not the food delivery platform.(c) This section shall take effect on March 1, 2025.

22599.3. (a) Unless exempt pursuant to subdivision (b), a food delivery platform shall provide all of the following information to a customer on its online-enabled application or platform at the time the customer is notified their purchase is out for delivery:(1) The drivers first name.(2) A picture of the driver.(b) This section shall not apply to an order if either of the following apply:(1) The food facility uses its own delivery driver for delivery of the order.(2) The food facility receives the order through the food facilitys internet website or a third party that is not the food delivery platform.(c) This section shall take effect on March 1, 2025.

22599.3. (a) Unless exempt pursuant to subdivision (b), a food delivery platform shall provide all of the following information to a customer on its online-enabled application or platform at the time the customer is notified their purchase is out for delivery:(1) The drivers first name.(2) A picture of the driver.(b) This section shall not apply to an order if either of the following apply:(1) The food facility uses its own delivery driver for delivery of the order.(2) The food facility receives the order through the food facilitys internet website or a third party that is not the food delivery platform.(c) This section shall take effect on March 1, 2025.



22599.3. (a) Unless exempt pursuant to subdivision (b), a food delivery platform shall provide all of the following information to a customer on its online-enabled application or platform at the time the customer is notified their purchase is out for delivery:

(1) The drivers first name.

(2) A picture of the driver.

(b) This section shall not apply to an order if either of the following apply:

(1) The food facility uses its own delivery driver for delivery of the order.

(2) The food facility receives the order through the food facilitys internet website or a third party that is not the food delivery platform.

(c) This section shall take effect on March 1, 2025.