Date of enactment: December 6, 2023
2023 Senate Bill 290 Date of publication*: December 7, 2023
2023 WISCONSIN ACT 75
AN ACT to create 100.75 of the statutes; relating to: third−party food delivery services and providing a penalty.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 100.75 of the statutes is created to read:
100.75 Third−party food delivery services. (1)
DEFINITIONS. In this section:
(a) “Consent” means a mutual acknowledgement
obtained electronically or in writing between a person
having authority to act on behalf of a restaurant and a
3rd−party food delivery service.
(b) “Digital network” means a website or online−
enabled application, software, or system that allows a
consumer to view and search the menus of restaurants
and purchase food from restaurants for delivery.
(c) “Restaurant” has the meaning given in s. 125.02
(18).
(d) “Third−party food delivery service” means a per-
son who operates a digital network and delivers food pur-
chased through the digital network to consumers.
(2) LISTING; REMOVAL. (a) A 3rd−party food delivery
service shall provide a publicly accessible process for a
restaurant to request the removal of the restaurant from
the digital network of the 3rd−party food delivery ser-
vice.
(b) If a restaurant requests to be removed from the
digital network of a 3rd−party food delivery service, all
of the following apply:
1. The 3rd−party food delivery service shall provide
to the restaurant a dated receipt of the request.
2. The 3rd−party food delivery service shall remove
the restaurant from its digital network within 3 business
days of receiving the request.
3. The 3rd−party food delivery service may not list
the restaurant on its digital network, offer the restaurant’s
food for delivery, or use the restaurant’s name, address,
logo, or menu without consent.
(c) A 3rd−party food delivery service may not solicit
requests from consumers for a restaurant to be added to
the digital network of the 3rd−party food delivery ser-
vice.
(3) DELIVERY REQUIREMENTS. A 3rd−party food
delivery service shall ensure that individuals delivering
food for the 3rd−party food delivery service have knowl-
edge of basic food safety principles, including personal
hygiene and avoiding cross contamination.
(4) SHARING OF DATA. A 3rd−party food delivery ser-
vice shall provide to an owner or operator of a restaurant
listed on its digital network information that identifies all
of the following related to orders placed with the 3rd−
party food delivery service involving the restaurant:
(a) The contents of orders.
(b) The times that orders are placed.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 75 2023 Senate Bill 290
(5) PENALTIES. If a 3rd−party food delivery service
violates sub. (2) (b), the department may commence an
action against the 3rd−party food delivery service in the
name of the state to recover one of the following penal-
ties:
(a) For a first violation involving a particular restau-
rant, a civil forfeiture of $1,000.
(b) For a 2nd violation involving a particular restau-
rant, a civil forfeiture of $5,000.
(c) For a 3rd or subsequent violation involving a par-
ticular restaurant, a civil forfeiture of $10,000.
SECTION 2.0Effective date.
(1) This act takes effect on the first day of the 7th
month beginning after publication.