GA
Georgia Senate Bill SB34

Georgia 2023-2024 Regular Session

Georgia Senate Bill SB34 Compare Versions

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1-23 LC 52 0274S
1+23 LC 52 0175
2+S. B. 34
23 - 1 -
3-The Senate Committee on Agriculture & Consumer Affairs offered the following
4-substitute to SB 34:
4+Senate Bill 34
5+By: Senators Parent of the 42nd, Ginn of the 47th, Albers of the 56th, Jones II of the 22nd
6+and Harrell of the 40th
57 A BILL TO BE ENTITLED
68 AN ACT
7-To amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated,1
9+To amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated,
10+1
811 relating to food service establishments, so as to prohibit a third-party delivery service from2
912 committing unfair, unsafe, and unhealthy practices in this state; to provide for definitions;3
1013 to prohibit a third-party delivery service from arranging for the delivery of ready-to-eat food4
11-from a food service establishment without prior written consent from such establishment; to5
12-prohibit a third-party delivery service from using a food service establishment's name,6
13-likeness, registered trademark, or intellectual property without prior written consent from7
14-such establishment; to require the food holding area of a vehicle being used to transport or8
15-deliver ready-to-eat food from a food service establishment to a customer as ordered through9
16-a third-party delivery service to be kept clean; to require the use of appropriate containers to10
17-ensure the safety of such food transported through such service; to require containers11
18-transporting such foods through such service to be closed or sealed and kept closed or sealed12
19-until delivery to the customer; to prohibit smoking and vaping in a vehicle operated by a13
20-deliverer contracted by such service for the transportation and delivery of such food; to14
21-prohibit the presence of animals, excluding in-use service animals, in a vehicle operated by15
22-such delivery person; to provide for private causes of action; to provide for rules and16
23-regulations; to provide for related matters; to provide for an effective date; to repeal17
24-conflicting laws; and for other purposes.18 23 LC 52 0274S
14+from a food service establishment before establishing a contractual relationship with such5
15+establishment; to prohibit a third-party delivery service from using a food service6
16+establishment's name, likeness, registered trademark, or intellectual property without such7
17+establishment's consent unless certain requirements are met; to require the food holding area8
18+of a vehicle being used to transport or deliver ready-to-eat food from a food service9
19+establishment to a customer as requested through a third-party delivery service to be kept10
20+clean; to require the use of thermal containers to transport ready-to-eat food from a food11
21+service establishment to a customer as requested through a third-party delivery service; to12
22+require bags or containers in which ready-to-eat foods are being transported or delivered13
23+from a food service establishment to a customer as requested through a third-party delivery14
24+service to be closed or sealed and kept closed or sealed until delivery to the customer; to15
25+prohibit smoking and vaping in a vehicle operated by a deliverer contracted with a third-party16
26+delivery service for the transportation and delivery of ready-to-eat food from a food service17
27+establishment to a customer as requested through such service; to prohibit the presence of18
28+animals, excluding in-use service animals, in a vehicle operated by a deliverer contracted19 23 LC 52 0175
29+S. B. 34
2530 - 2 -
26-BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19
27-SECTION 1.20
28-Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to21
29-food service establishments, is amended by adding a new Code section to read as follows:22
30-"26-2-380.23
31-(a) As used in this Code section, the term:24
32-(1) 'Customer' means the person, business, or other entity placing or receiving an order,25
33-for remuneration, for the delivery of ready-to-eat food from a food service establishment26
34-through a third-party delivery service.27
35-(2) 'Ready-to-eat food' means food in a form that is edible without additional preparation28
36-to render it safe for consumption.29
37-(3) 'Third-party delivery service' means a business, other than a food service30
38-establishment, that, for remuneration, operates a platform, website, mobile application,31
39-or other electronic service through which the order, pickup, and delivery of ready-to-eat32
40-food from a food service establishment to a customer is arranged.33
41-(b) A third-party delivery service shall not:34
42-(1) Arrange for the delivery of an order from a food service establishment to a customer35
43-without such establishment's prior written consent expressly authorizing such service to36
44-take orders and pickup, transport, and deliver such orders from such establishment to a37
45-customer; or38
46-(2) Use a food service establishment's name, likeness, registered trademark, or39
47-intellectual property on such service's platform, website, mobile application, or other40
48-electronic service or other public-facing materials without obtaining such establishment's41
49-prior written consent.42
50-(c) Ready-to-eat food delivered through a third-party delivery service shall be transported43
51-and delivered in a manner that meets all of the following requirements:44 23 LC 52 0274S
31+with a third-party delivery service during the transportation and delivery of ready-to-eat food
32+20
33+from a food service establishment to a customer as requested through a third-party delivery21
34+service; to provide for rules, regulations, and enforcement; to provide for related matters; to22
35+provide for an effective date; to repeal conflicting laws; and for other purposes.23
36+BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24
37+SECTION 1.25
38+Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to26
39+food service establishments, is amended by adding a new Code section to read as follows:27
40+"26-2-380.
41+28
42+(a) As used in this Code section, the term:29
43+(1) 'Contract' means a written contractual agreement between a food service30
44+establishment and a third-party delivery service.31
45+(2) 'Customer' means the person, business, or other entity placing or receiving an order32
46+for the delivery of ready-to-eat food from a food service establishment through a33
47+third-party delivery service.34
48+(3) 'Ready-to-eat food' means food in a form that is edible without additional preparation35
49+to render it safe for consumption.36
50+(4) 'Third-party delivery service' means a company, organization, or entity that facilitates37
51+the delivery of ready-to-eat food from a food service establishment to a customer through38
52+a website, mobile application, platform, or other electronic service.39
53+(b) A third-party delivery service shall not:40
54+(1) Arrange for the delivery of an order from a food service establishment to a customer41
55+without first entering into a contract with such establishment expressly authorizing such42
56+service to take orders for, transport, and deliver such orders from such establishment to43
57+a customer; or44 23 LC 52 0175
58+S. B. 34
5259 - 3 -
53-(1) The interior floor, sides, and top of the food-holding area within the vehicle used for45
54-transportation and delivery shall be clean and capable of withstanding frequent cleaning;46
55-(2) The ready-to-eat food shall be maintained at a holding temperature necessary to47
56-prevent spoilage using appropriate containers;48
57-(3) All bags or containers in which ready-to-eat food is being transported or delivered49
58-from a food service establishment to a customer shall be closed or sealed by such food50
59-service establishment with a tamper-resistant method prior to the third-party delivery51
60-service taking possession of such food, and all such bags or containers shall remain52
61-closed or sealed until delivery to the customer;53
62-(4) The individual transporting or delivering the ready-to-eat food items for a third-party54
63-delivery service shall not have any animals in the vehicle when ready-to-eat food for55
64-delivery is being transported or delivered in such vehicle; provided, however, that a56
65-trained and certified service animal on duty assisting such individual may be present; and57
66-(5) Smoking or vaping in the vehicle while ready-to-eat food items are in the vehicle58
67-shall be prohibited.59
68-(d)(1) An aggrieved food service establishment alleging a third-party delivery service is60
69-in violation of this Code section may seek judicial enforcement of the requirements of61
70-this Code section in an action brought against such service in the county in which the62
71-violation occurred. The following civil penalties shall be imposed for a violation of this63
72-Code section: for the first violation, $1,000.00; for the second violation, $2,000.00; and64
73-for a third and any subsequent violation, $10,000.00.65
74-(2) In addition to the penalties provided for in paragraph (1) of this subsection, an66
75-aggrieved food service establishment may bring an action to enjoin a violation of this67
76-Code section. If the court finds a violation of this Code section, the court shall issue an68
77-injunction against such service and may require such service to pay the injured69
78-establishment all profits derived from or damages resulting from the wrongful acts;70
79-provided, however, that, if the court finds that such service committed a wrongful act in71 23 LC 52 0274S
60+(2) Use the food service establishment's name, likeness, registered trademark, or45
61+intellectual property without first obtaining such establishment's consent, unless such use46
62+is permitted under federal or state law and is accompanied by the following disclaimer,47
63+in a noticeable typeface, font, size, color, and capital letters, beneath the food service48
64+establishment's name, likeness, registered trademark, or intellectual property:49
65+'THIS THIRD-PARTY DELIVERY SERVICE IS NOT AN AUTHORIZED50
66+DELIVERY SERVICE FOR THIS FOOD SERVICE ESTABLISHMENT AND DOES51
67+NOT HAVE AN AGREEMENT TO DELIVER FOR THIS FOOD SERVICE52
68+ESTABLISHMENT. PLEASE CONTACT THE FOOD SERVICE53
69+ESTABLISHMENT DIRECTLY TO OBTAIN UP-TO-DATE INFORMATION ON54
70+MENU ITEMS, PRICES, FEES, TIPS, DELAYS, AND INABILITY TO FULFILL55
71+ORDERS.'56
72+(c) Ready-to-eat food delivered through a third-party delivery service shall be transported57
73+and delivered in a manner that meets all of the following requirements:58
74+(1) The interior floor, sides, and top of the food-holding area within the vehicle used for59
75+transportation and delivery shall be clean and capable of withstanding frequent cleaning;60
76+(2) The ready-to-eat food shall be maintained at a holding temperature necessary to61
77+prevent spoilage using appropriate thermal containers;62
78+(3) All bags or containers in which ready-to-eat food is being transported or delivered63
79+from a food service establishment to a customer shall be closed or sealed by such food64
80+service establishment with a tamper-resistant method prior to the third-party delivery65
81+service taking possession of such food, and all such bags or containers shall remain66
82+closed or sealed until delivery to the customer;67
83+(4) The individual transporting or delivering the ready-to-eat food items for a third-party68
84+delivery service shall not have any animals in the vehicle when ready-to-eat food for69
85+delivery is being transported or delivered in such vehicle; provided, however, that a70 23 LC 52 0175
86+S. B. 34
8087 - 4 -
81-bad faith, in the court's discretion, the court shall enter a judgment in an amount not to72
82-exceed three times the amount of profits derived and damages resulting from such73
83-wrongful acts and award reasonable attorney's fees to such establishment.74
84-(3) A third-party delivery service shall be liable for any harm or injury caused by a75
85-failure by such service or its agent, employee, or independent contractor to satisfy the76
86-requirements provided for in subsection (c) of this Code section but shall not be liable for77
87-a food service establishment's violation of the requirement provided for in paragraph (3)78
88-of subsection (c) of this Code section; provided, however, that it shall be an affirmative79
89-defense if such service shows that it used due diligence and established substantial80
90-processes, including, but not limited to, establishing and confirming receipt of standards81
91-and providing training, to ensure compliance with the provisions of subsection (c) of this82
92-Code section.83
93-(e) The Department of Public Health shall adopt and promulgate rules and regulations to84
94-implement this Code section."85
95-SECTION 2.86
96-This Act shall become effective on January 1, 2024.87
97-SECTION 3.88
98-All laws and parts of laws in conflict with this Act are repealed.89
88+trained and certified service delivery animal on duty assisting such individual may be71
89+present; or72
90+(5) Smoking or vaping in the vehicle while ready-to-eat food items are in the vehicle73
91+shall be prohibited.74
92+(d) A third-party delivery service shall be liable for any harm or injury caused by a failure75
93+by such service or its agent to meet the requirements of this Code section.76
94+(e) The Department of Public Health and the county boards of health, acting as duly77
95+authorized agents of the department, are authorized to enforce this Code section."78
96+SECTION 2.79
97+This Act shall become effective on January 1, 2024.80
98+SECTION 3.81
99+All laws and parts of laws in conflict with this Act are repealed.82