23 LC 52 0274S
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The Senate Committee on Agriculture & Consumer Affairs offered the following
substitute to SB 34:
A BILL TO BE ENTITLED
AN ACT
To amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated,1
relating to food service establishments, so as to prohibit a third-party delivery service from2
committing unfair, unsafe, and unhealthy practices in this state; to provide for definitions;3
to prohibit a third-party delivery service from arranging for the delivery of ready-to-eat food4
from a food service establishment without prior written consent from such establishment; to5
prohibit a third-party delivery service from using a food service establishment's name,6
likeness, registered trademark, or intellectual property without prior written consent from7
such establishment; to require the food holding area of a vehicle being used to transport or8
deliver ready-to-eat food from a food service establishment to a customer as ordered through9
a third-party delivery service to be kept clean; to require the use of appropriate containers to10
ensure the safety of such food transported through such service; to require containers11
transporting such foods through such service to be closed or sealed and kept closed or sealed12
until delivery to the customer; to prohibit smoking and vaping in a vehicle operated by a13
deliverer contracted by such service for the transportation and delivery of such food; to14
prohibit the presence of animals, excluding in-use service animals, in a vehicle operated by15
such delivery person; to provide for private causes of action; to provide for rules and16
regulations; to provide for related matters; to provide for an effective date; to repeal17
conflicting laws; and for other purposes.18 23 LC 52 0274S
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19
SECTION 1.20
Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to21
food service establishments, is amended by adding a new Code section to read as follows:22
"26-2-380.23
(a) As used in this Code section, the term:24
(1) 'Customer' means the person, business, or other entity placing or receiving an order,25
for remuneration, for the delivery of ready-to-eat food from a food service establishment26
through a third-party delivery service.27
(2) 'Ready-to-eat food' means food in a form that is edible without additional preparation28
to render it safe for consumption.29
(3) 'Third-party delivery service' means a business, other than a food service30
establishment, that, for remuneration, operates a platform, website, mobile application,31
or other electronic service through which the order, pickup, and delivery of ready-to-eat32
food from a food service establishment to a customer is arranged.33
(b) A third-party delivery service shall not:34
(1) Arrange for the delivery of an order from a food service establishment to a customer35
without such establishment's prior written consent expressly authorizing such service to36
take orders and pickup, transport, and deliver such orders from such establishment to a37
customer; or38
(2) Use a food service establishment's name, likeness, registered trademark, or39
intellectual property on such service's platform, website, mobile application, or other40
electronic service or other public-facing materials without obtaining such establishment's41
prior written consent.42
(c) Ready-to-eat food delivered through a third-party delivery service shall be transported43
and delivered in a manner that meets all of the following requirements:44 23 LC 52 0274S
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(1) The interior floor, sides, and top of the food-holding area within the vehicle used for45
transportation and delivery shall be clean and capable of withstanding frequent cleaning;46
(2) The ready-to-eat food shall be maintained at a holding temperature necessary to47
prevent spoilage using appropriate containers;48
(3) All bags or containers in which ready-to-eat food is being transported or delivered49
from a food service establishment to a customer shall be closed or sealed by such food50
service establishment with a tamper-resistant method prior to the third-party delivery51
service taking possession of such food, and all such bags or containers shall remain52
closed or sealed until delivery to the customer;53
(4) The individual transporting or delivering the ready-to-eat food items for a third-party54
delivery service shall not have any animals in the vehicle when ready-to-eat food for55
delivery is being transported or delivered in such vehicle; provided, however, that a56
trained and certified service animal on duty assisting such individual may be present; and57
(5) Smoking or vaping in the vehicle while ready-to-eat food items are in the vehicle58
shall be prohibited.59
(d)(1) An aggrieved food service establishment alleging a third-party delivery service is60
in violation of this Code section may seek judicial enforcement of the requirements of61
this Code section in an action brought against such service in the county in which the62
violation occurred. The following civil penalties shall be imposed for a violation of this63
Code section: for the first violation, $1,000.00; for the second violation, $2,000.00; and64
for a third and any subsequent violation, $10,000.00.65
(2) In addition to the penalties provided for in paragraph (1) of this subsection, an66
aggrieved food service establishment may bring an action to enjoin a violation of this67
Code section. If the court finds a violation of this Code section, the court shall issue an68
injunction against such service and may require such service to pay the injured69
establishment all profits derived from or damages resulting from the wrongful acts;70
provided, however, that, if the court finds that such service committed a wrongful act in71 23 LC 52 0274S
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bad faith, in the court's discretion, the court shall enter a judgment in an amount not to72
exceed three times the amount of profits derived and damages resulting from such73
wrongful acts and award reasonable attorney's fees to such establishment.74
(3) A third-party delivery service shall be liable for any harm or injury caused by a75
failure by such service or its agent, employee, or independent contractor to satisfy the76
requirements provided for in subsection (c) of this Code section but shall not be liable for77
a food service establishment's violation of the requirement provided for in paragraph (3)78
of subsection (c) of this Code section; provided, however, that it shall be an affirmative79
defense if such service shows that it used due diligence and established substantial80
processes, including, but not limited to, establishing and confirming receipt of standards81
and providing training, to ensure compliance with the provisions of subsection (c) of this82
Code section.83
(e) The Department of Public Health shall adopt and promulgate rules and regulations to84
implement this Code section."85
SECTION 2.86
This Act shall become effective on January 1, 2024.87
SECTION 3.88
All laws and parts of laws in conflict with this Act are repealed.89