Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB290 Compare Versions

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1	1	LRB-2392/1
2	2	MDE:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 290
5	5	May 15, 2023 - Introduced by Senators TESTIN, BALLWEG, TOMCZYK, WANGGAARD and
6	6	SPREITZER, cosponsored by Representatives DALLMAN, SWEARINGEN, ALLEN,
7	7	BARE, CLANCY, CONSIDINE, DITTRICH, EDMING, GOEBEN, GREEN, KITCHENS, KRUG,
8	8	MAXEY, MURPHY, PLUMER, RETTINGER, SCHRAA, SHANKLAND, SINICKI, SNODGRASS,
9	9	SNYDER, STEFFEN, SUBECK, WITTKE and VANDERMEER. Referred to Committee
10	10	on Labor, Regulatory Reform, Veterans and Military Affairs.
11	11	AN ACT to create 100.75 of the statutes; relating to: third-party food delivery
12	12	services and providing a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill establishes requirements for third-party food delivery services that
15	15	operate digital networks and deliver food purchased from restaurants through
16	16	digital networks. Specifically, the bill establishes three requirements:
17	17	1. That third-party food delivery services provide a publicly accessible process
18	18	for a restaurant to request its removal from the digital network of a third-party food
19	19	delivery service. Third-party food delivery services must remove a requesting
20	20	restaurant from its digital network within three business days of the request. Also,
21	21	third-party food delivery services may not solicit requests from consumers that a
22	22	restaurant be added to the digital network of a third-party food delivery service.
23	23	2. That third-party food delivery services ensure that individuals delivering
24	24	food for the third-party food delivery service have knowledge of basic food safety
25	25	principles, including personal hygiene and avoiding cross contamination.
26	26	3. That third-party food delivery services provide to an owner or operator of
27	27	a restaurant the contents of orders placed from the restaurant with the third-party
28	28	food delivery service and the times that orders are placed.
29	29	The people of the state of Wisconsin, represented in senate and assembly, do
30	30	enact as follows:
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32	32	2 - 2 -2023 - 2024 Legislature LRB-2392/1
33	33	MDE:skw
34	34	SECTION 1 SENATE BILL 290
35	35	SECTION 1. 100.75 of the statutes is created to read:
36	36	100.75 Third-party food delivery services. (1) DEFINITIONS. In this
37	37	section:
38	38	(a) “Consent” means a mutual acknowledgment by both a restaurant and a
39	39	3rd-party food delivery service, including a mutual acknowledgment obtained
40	40	electronically or orally.
41	41	(b) “Digital network” means a website or online-enabled application, software,
42	42	or system that allows a consumer to view and search the menus of restaurants and
43	43	purchase food from restaurants for delivery.
44	44	(c) “Restaurant” has the meaning given in s. 125.02 (18).
45	45	(d) “Third-party food delivery service” means a person who operates a digital
46	46	network and delivers food purchased through the digital network to consumers.
47	47	(2) LISTING; REMOVAL. (a) A 3rd-party food delivery service shall provide a
48	48	publicly accessible process for a restaurant to request the removal of the restaurant
49	49	from the digital network of the 3rd-party food delivery service.
50	50	(b) If a restaurant requests to be removed from the digital network of a
51	51	3rd-party food delivery service, all of the following apply:
52	52	1. The 3rd-party food delivery service shall remove the restaurant from its
53	53	digital network within 3 business days of receiving the request.
54	54	2. The 3rd-party food delivery service may not list the restaurant on its digital
55	55	network, offer the restaurant's food for delivery, or use the restaurant's name,
56	56	address, logo, or menu without consent.
57	57	(c) A 3rd-party food delivery service may not solicit requests from consumers
58	58	for a restaurant to be added to the digital network of the 3rd-party food delivery
59	59	service.
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84	84	25 - 3 -2023 - 2024 Legislature
85	85	LRB-2392/1
86	86	MDE:skw
87	87	SECTION 1
88	88	SENATE BILL 290
89	89	(3) DELIVERY REQUIREMENTS. A 3rd-party food delivery service shall ensure that
90	90	individuals delivering food for the 3rd-party food delivery service have knowledge
91	91	of basic food safety principles, including personal hygiene and avoiding cross
92	92	contamination.
93	93	(4) SHARING OF DATA. A 3rd-party food delivery service shall provide to an owner
94	94	or operator of a restaurant listed on its digital network information that identifies
95	95	all of the following related to orders placed with the 3rd-party food delivery service
96	96	involving the restaurant:
97	97	(a) The contents of orders.
98	98	(b) The times that orders are placed.
99	99	(5) PENALTIES. If a 3rd-party food delivery service violates sub. (2) (b), the
100	100	department may commence an action against the 3rd-party food delivery service in
101	101	the name of the state to recover one of the following penalties:
102	102	(a) For a first violation involving a particular restaurant, a civil forfeiture of
103	103	$1,000.
104	104	(b) For a 2nd violation involving a particular restaurant, a civil forfeiture of
105	105	$5,000.
106	106	(c) For a 3rd or subsequent violation involving a particular restaurant, a civil
107	107	forfeiture of $10,000.
108	108	SECTION 2.0Effective date.
109	109	(1) This act takes effect on the first day of the 7th month beginning after
110	110	publication.
111	111	(END)
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