Bill Text: NY A09461 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Requires 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 establishment.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-03-14 - referred to consumer affairs and protection [A09461 Detail]

Download: New_York-2023-A09461-Introduced.html

---

                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