SB 280-FN - AS AMENDED BY THE SENATE
03/06/2025 0388s
2025 SESSION
25-1076
07/05
SENATE BILL280-FN
AN ACTrequiring a food delivery service to enter into an agreement with a food service establishment or food retail store before offering delivery service from that restaurant.
SPONSORS:Sen. Ricciardi, Dist 9; Sen. Perkins Kwoka, Dist 21; Sen. Prentiss, Dist 5; Sen. Murphy, Dist 16; Sen. Pearl, Dist 17; Rep. Potucek, Rock. 13
COMMITTEE:Commerce
-----------------------------------------------------------------
ANALYSIS
This bill requires a food delivery service to enter into an agreement with a food service establishment or food retail store before offering delivery service from that restaurant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation:Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/06/2025 0388s25-1076
07/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACTrequiring a food delivery service to enter into an agreement with a food service establishment or food retail store before offering delivery service from that restaurant.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Trade and Commerce; Food Delivery Platform. RSA 359-S is repealed and reenacted to read as follows:
CHAPTER 359-S
FOOD DELIVERY PLATFORM
359-S:1 Food Delivery Platforms.
I. In this chapter:
(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 service establishment or retail food store to the consumer.
(b) “Food service establishment" has the same meaning as RSA 143-A:3, IV.
(c) "Retail food store" has the same meaning as RSA 143-A:3, VII.
II. A food delivery platform shall not take and arrange for the delivery of an order from a food service establishment or retail food store without first obtaining an agreement with the food service establishment or retail food store expressly authorizing the food delivery platform to take orders and deliver meals prepared by the food service establishment or retail food store.
III. Any food delivery platform that violates this chapter shall be guilty of a violation and fined $100 for each delivery made without the agreement required in paragraph II.
2 Effective Date. This act shall take effect upon its passage.
LBA
25-1076
1/7/25
SB 280-FN- FISCAL NOTE
AS INTRODUCED
AN ACTrequiring a food delivery service to enter into an agreement with a food service establishment or food retail store before offering delivery service from that restaurant.
FISCAL IMPACT:
Estimated State Impact
FY 2025 FY 2026 FY 2027 FY 2028
Revenue $0 $0 $0 $0
Revenue Fund None
Expenditures* Indeterminable
Funding Source General Fund
Appropriations* $0 $0 $0 $0
Funding Source None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
FY 2025 FY 2026 FY 2027 FY 2028
County Revenue $0 $0 $0 $0
County Expenditures Indeterminable
Local Revenue $0 $0 $0 $0
Local Expenditures Indeterminable
Estimated State Impact
FY 2025
FY 2026
FY 2027
FY 2028
Revenue
$0
$0
$0
$0
Revenue Fund
None
Expenditures*
Indeterminable
Funding Source
General Fund
Appropriations*
$0
$0
$0
$0
Funding Source
None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
FY 2025
FY 2026
FY 2027
FY 2028
County Revenue
$0
$0
$0
$0
County Expenditures
Indeterminable
Local Revenue
$0
$0
$0
$0
Local Expenditures
Indeterminable
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association