Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB294 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-2984/1
2	2	MDE:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 294
5	5	May 25, 2023 - Introduced by Representatives DALLMAN, SWEARINGEN, ALLEN,
6	6	BARE, CLANCY, CONSIDINE, DITTRICH, EDMING, GOEBEN, GREEN, KITCHENS, KRUG,
7	7	MAXEY, MURPHY, PLUMER, RETTINGER, SCHRAA, SHANKLAND, SINICKI, SNODGRASS,
8	8	SNYDER, STEFFEN, SUBECK, WITTKE, VANDERMEER and OLDENBURG, cosponsored
9	9	by Senators TESTIN, BALLWEG, TOMCZYK, WANGGAARD and SPREITZER. Referred
10	10	to Committee on State Affairs.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to create 100.75 of the statutes; relating to: third-party food delivery
13	13	services and providing a penalty.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill establishes requirements for third-party food delivery services that
16	16	operate digital networks and deliver food purchased from restaurants through
17	17	digital networks. Specifically, the bill establishes three requirements:
18	18	1. That third-party food delivery services provide a publicly accessible process
19	19	for a restaurant to request its removal from the digital network of a third-party food
20	20	delivery service. Third-party food delivery services must remove a requesting
21	21	restaurant from its digital network within three business days of the request. Also,
22	22	third-party food delivery services may not solicit requests from consumers that a
23	23	restaurant be added to the digital network of a third-party food delivery service.
24	24	2. That third-party food delivery services ensure that individuals delivering
25	25	food for the third-party food delivery service have knowledge of basic food safety
26	26	principles, including personal hygiene and avoiding cross contamination.
27	27	3. That third-party food delivery services provide to an owner or operator of
28	28	a restaurant the contents of orders placed from the restaurant with the third-party
29	29	food delivery service and the times that orders are placed.
30	30	The people of the state of Wisconsin, represented in senate and assembly, do
31	31	enact as follows:
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33	33	2 - 2 -2023 - 2024 Legislature LRB-2984/1
34	34	MDE:skw
35	35	SECTION 1 ASSEMBLY BILL 294
36	36	SECTION 1. 100.75 of the statutes is created to read:
37	37	100.75 Third-party food delivery services. (1) DEFINITIONS. In this
38	38	section:
39	39	(a) “Consent” means a mutual acknowledgment by both a restaurant and a
40	40	3rd-party food delivery service, including a mutual acknowledgment obtained
41	41	electronically or orally.
42	42	(b) “Digital network” means a website or online-enabled application, software,
43	43	or system that allows a consumer to view and search the menus of restaurants and
44	44	purchase food from restaurants for delivery.
45	45	(c) “Restaurant” has the meaning given in s. 125.02 (18).
46	46	(d) “Third-party food delivery service” means a person who operates a digital
47	47	network and delivers food purchased through the digital network to consumers.
48	48	(2) LISTING; REMOVAL. (a) A 3rd-party food delivery service shall provide a
49	49	publicly accessible process for a restaurant to request the removal of the restaurant
50	50	from the digital network of the 3rd-party food delivery service.
51	51	(b) If a restaurant requests to be removed from the digital network of a
52	52	3rd-party food delivery service, all of the following apply:
53	53	1. The 3rd-party food delivery service shall remove the restaurant from its
54	54	digital network within 3 business days of receiving the request.
55	55	2. The 3rd-party food delivery service may not list the restaurant on its digital
56	56	network, offer the restaurant's food for delivery, or use the restaurant's name,
57	57	address, logo, or menu without consent.
58	58	(c) A 3rd-party food delivery service may not solicit requests from consumers
59	59	for a restaurant to be added to the digital network of the 3rd-party food delivery
60	60	service.
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85	85	25 - 3 -2023 - 2024 Legislature
86	86	LRB-2984/1
87	87	MDE:skw
88	88	SECTION 1
89	89	ASSEMBLY BILL 294
90	90	(3) DELIVERY REQUIREMENTS. A 3rd-party food delivery service shall ensure that
91	91	individuals delivering food for the 3rd-party food delivery service have knowledge
92	92	of basic food safety principles, including personal hygiene and avoiding cross
93	93	contamination.
94	94	(4) SHARING OF DATA. A 3rd-party food delivery service shall provide to an owner
95	95	or operator of a restaurant listed on its digital network information that identifies
96	96	all of the following related to orders placed with the 3rd-party food delivery service
97	97	involving the restaurant:
98	98	(a) The contents of orders.
99	99	(b) The times that orders are placed.
100	100	(5) PENALTIES. If a 3rd-party food delivery service violates sub. (2) (b), the
101	101	department may commence an action against the 3rd-party food delivery service in
102	102	the name of the state to recover one of the following penalties:
103	103	(a) For a first violation involving a particular restaurant, a civil forfeiture of
104	104	$1,000.
105	105	(b) For a 2nd violation involving a particular restaurant, a civil forfeiture of
106	106	$5,000.
107	107	(c) For a 3rd or subsequent violation involving a particular restaurant, a civil
108	108	forfeiture of $10,000.
109	109	SECTION 2.0Effective date.
110	110	(1) This act takes effect on the first day of the 7th month beginning after
111	111	publication.
112	112	(END)
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