Section 100.75 - Third-party food delivery services(1) DEFINITIONS. In this section:(a) "Consent" means a mutual acknowledgement obtained electronically or in writing between a person having authority to act on behalf of a restaurant and a 3rd-party food delivery service.(b) "Digital network" means a website or online-enabled application, software, or system that allows a consumer to view and search the menus of restaurants and purchase food from restaurants for delivery.(c) "Restaurant" has the meaning given in s. 125.02(18).(d) "Third-party food delivery service" means a person who operates a digital network and delivers food purchased through the digital network to consumers.(2) LISTING; REMOVAL. (a) A 3rd-party food delivery service shall provide a publicly accessible process for a restaurant to request the removal of the restaurant from the digital network of the 3rd-party food delivery service.(b) If a restaurant requests to be removed from the digital network of a 3rd-party food delivery service, all of the following apply: 1. The 3rd-party food delivery service shall provide to the restaurant a dated receipt of the request.2. The 3rd-party food delivery service shall remove the restaurant from its digital network within 3 business days of receiving the request.3. The 3rd-party food delivery service may not list the restaurant on its digital network, offer the restaurant's food for delivery, or use the restaurant's name, address, logo, or menu without consent.(c) A 3rd-party food delivery service may not solicit requests from consumers for a restaurant to be added to the digital network of the 3rd-party food delivery service.(3) DELIVERY REQUIREMENTS. A 3rd-party food delivery service shall ensure that individuals delivering food for the 3rd-party food delivery service have knowledge of basic food safety principles, including personal hygiene and avoiding cross contamination.(4) SHARING OF DATA. A 3rd-party food delivery service shall provide to an owner or operator of a restaurant listed on its digital network information that identifies all of the following related to orders placed with the 3rd-party food delivery service involving the restaurant:(a) The contents of orders.(b) The times that orders are placed.(5) PENALTIES. If a 3rd-party food delivery service violates sub. (2) (b), the department may commence an action against the 3rd-party food delivery service in the name of the state to recover one of the following penalties: (a) For a first violation involving a particular restaurant, a civil forfeiture of $1,000.(b) For a 2nd violation involving a particular restaurant, a civil forfeiture of $5,000.(c) For a 3rd or subsequent violation involving a particular restaurant, a civil forfeiture of $10,000.Added by Acts 2023 ch, 75,s 1, eff. 7/1/2024.