New York Assembly Bill A09461 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 9461  IN ASSEMBLY March 14, 2024 ___________ Introduced by M. of A. JACKSON -- read once and referred to the Commit- tee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to requiring food service establishments disclose if they are operating out of another food service establishment's kitchen or in a location which is not operated exclusively as a kitchen for such food service establishment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 350-f-2 to read as follows: 3 § 350-f-2. Disclosures required for certain food service establish- 4 ments. 1. For purposes of this section: 5 (a) "Food service establishment" means a place where food is provided 6 for individual portion service directly to the consumer whether such 7 food is provided free of charge or sold, and whether consumption occurs 8 on or off the premises or is provided from a pushcart, stand or vehicle. 9 (b) "Third-party food delivery service" means any website, mobile 10 application or other internet service that offers or arranges for the 11 sale or delivery of food and beverages prepared by, and the same-day 12 delivery or same-day pickup of food and beverage from, a food service 13 establishment located in the state. 14 (c) "Third-party food delivery platform" means the online or mobile 15 platform of the third-party food delivery service on which a consumer 16 can view products available for sale and place an order for a food 17 service establishment's products. 18 2. Any food service establishment, in making representations for the 19 purposes of inducing, or which are likely to induce, directly or indi- 20 rectly, the purchase of food from such establishment, shall clearly and 21 prominently disclose, in any advertisement, on such establishment's 22 website, mobile application or other internet service, and on any third- 23 party food delivery platform, if such establishment is operating out of 24 a different food service establishment's kitchen or in a location which 25 is not operated exclusively as a kitchen for such food service estab- 26 lishment. 27 § 2. This act shall take effect on the ninetieth day after it shall 28 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14722-01-4