a. A third-party food delivery service shall not list, advertise, promote, or sell a food service establishment's products on, or arrange for the delivery of an order of such products through, the website, mobile application or other platform of such third-party food delivery service without a written agreement between such third-party food delivery service and such food service establishment to include the food service establishment's products on such website, mobile application or other platform.
b. An agreement executed in accordance with this section shall include a provision requiring that a toilet facility is available for the use of food delivery workers lawfully on such establishment's premises to pick up such establishment's food or beverage for consumer delivery, except (i) where accessing the toilet facility would require a food delivery worker to walk through such establishment's kitchen, food preparation or storage area or utensil washing area to access such facility, pursuant to subdivision d of section 81.22 of the health code; (ii) where accessing the toilet facility would create an obvious health and safety risk to the food delivery worker or to the establishment; or (iii) any additional exceptions that the commissioner promulgates by rule. Such agreement shall shall not include a provision, clause, or covenant that requires a food service establishment to indemnify a third-party food delivery service, any independent contractor acting on behalf of the third-party food delivery service, or any registered agent of the third-party food delivery service, for any damages or harm by an act or omission occurring after the food service establishment's product leaves the place of business of the food service establishment. To the extent an agreement executed in accordance with this section contains such a provision, such provision shall be deemed void and unenforceable.
(L.L. 2021/100, 9/26/2021, eff. 1/24/2022; Am. L.L. 2021/117, 10/24/2021, eff. 1/24/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/117.