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2022 SESSION

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22102759D
HOUSE BILL NO. 460 Offered January 12, 2022 Prefiled January 11, 2022 A BILL to amend and reenact § 59.1-587 of the Code of Virginia, relating to food delivery platforms; fee transparency. ---------- Patron-- Bennett-Parker ---------- Referred to Committee on Commerce and Energy ----------

Be it enacted by the General Assembly of Virginia:

1. That § 59.1-587 of the Code of Virginia is amended and reenacted as follows:

§ 59.1-587. Food delivery platform; agreements required; fee transparency.

A. No food delivery platform shall submit an order on behalf of a consumer to a restaurant or arrange for the delivery of an order from a restaurant without first obtaining an agreement with the restaurant expressly authorizing the food delivery platform to submit orders to and deliver food prepared by the restaurant. Such agreement shall require disclosure of all fees charged by the food delivery platform, including commissions, delivery fees, promotional fees, and the baseline cost of the food order, to the restaurant.

C. Prior to the confirmation of any online order by a food delivery platform, the food delivery platform shall clearly display through its online ordering system the baseline cost of the food order and any additional fees associated with the order, including the amounts and purposes of such fees.

D. If a restaurant uses an independent online ordering system to facilitate orders of food for sale to consumers that includes with the order the option of delivery by a specific food delivery platform, then the restaurant may elect to display a single total cost of the order rather than clearly listing each fee associated with the order.