Food delivery platforms.

Existing law, the Fair Food Delivery Act of 2020, defines a "food delivery platform" as an online business that acts as an intermediary between consumers and multiple food facilities, as defined, to submit food orders and arrange for the delivery of the order, and prohibits a food delivery platform from arranging for the delivery of an order from a food facility without first obtaining an agreement with the food facility. This bill, in addition to making related findings and declarations, would require those agreements between a food delivery platform and a food facility to be written, require those agreements when food delivery platforms arrange for the pickup of an order from food facilities, and would require specified disclosures in agreements entered into or modified on or after January 1, 2022. The bill would prohibit food delivery platforms from charging a food facility for forwarded calls, as defined, unless the forwarded call resulted in a paid order, as specified, from the food facility that will be delivered, or arranged for delivery or pickup, to the consumer by the food delivery platform. This bill would also prohibit a listing website, as defined, from associating a telephone number with a food facility on their internet website or application that the listing website knows would result in a forwarded call, unless the listing website clearly and conspicuously, as defined, discloses if an order placed through a telephone number or other interface on their internet website or application may result in a commission or fee paid to a party other than the food facility, identifies that party, and provides a direct link to the telephone number of the food facility, as specified. The bill would make the provisions of the act severable. This bill would incorporate additional changes to Section 22598 of the Business and Professions Code proposed by AB 286 to be operative only if this bill and AB 286 are enacted and this bill is enacted last.