Section 22599.1 - Food delivery; purchase prices and tips(a) It is unlawful for a food delivery platform to do either of the following: (1) Charge a customer any purchase price for food or beverage that is higher than the price posted on the food delivery platform's internet website by the food facility at the time of the order.(2) Retain any portion of amounts designated as a tip or gratuity. Any tip or gratuity for a delivery order shall be paid by a food delivery platform, in its entirety, to the person delivering the food or beverage. Any tip or gratuity for a pickup order shall be paid by a food delivery platform, in its entirety, to the food facility.(b) A food delivery platform shall disclose to the customer and to the food facility an accurate, clearly identified, and itemized cost breakdown of each transaction, including, but not limited to, the following information: (1) The purchase price of the food and beverage.(2) A notice, if applicable, that the food delivery platform charges a fee, commission, or cost to the food facility, unless the food facility directs that the food delivery platform disclose to customers the delivery fee charged to the food facility and each fee, commission, or cost charged to the food facility.(3) Each fee, commission, or cost charged to the customer by the food delivery platform.(c)(1) A listing website shall not associate a telephone number or other method of direct communication with a food facility on their internet website or application if the listing website knows the use of that telephone number or other method of direct communication will result in a forwarded call.(2) A listing website shall clearly and conspicuously disclose if an order placed through a telephone number or other interface on their internet website or application may result in a fee, commission, or cost paid to a party other than the food facility, and shall identify that other party.Ca. Bus. and Prof. Code § 22599.1
Amended by Stats 2023 ch 164 (AB 502),s 3, eff. 1/1/2024.Added by Stats 2021 ch 513 (AB 286),s 2, eff. 1/1/2022.This act (Stats 2023 ch 164 (AB 502)) shall be known, and may be cited, as the Food Delivery Transparency Act.