Bill Text: NY A04849 | 2025-2026 | General Assembly | Introduced

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Bill Title: Requires a disclaimer to be included in any advertising for delivery services that advertise delivery within thirty minutes or less to say that delivery within such time is not guaranteed; prohibits delivery services from penalizing workers that fail to deliver within thirty minutes; requires disclosure to such workers that they are not required to deliver within thirty minutes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2025-02-06 - referred to consumer affairs and protection [A04849 Detail]

Download: New_York-2025-A04849-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4849

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 6, 2025
                                       ___________

        Introduced  by  M.  of  A. SIMON, GLICK, TAPIA, BURDICK -- read once and
          referred to the Committee on Consumer Affairs and Protection

        AN ACT to amend the general business law,  in  relation  to  prohibiting
          delivery services from guaranteeing thirty-minute delivery and prohib-
          iting  such  services  from  penalizing workers for failure to deliver
          within thirty minutes

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  391-x to read as follows:
     3    §  391-x.  Thirty-minute  delivery services; delivery time not guaran-
     4  teed.  1. For purposes of this section, "thirty-minute delivery service"
     5  shall mean any website, mobile application, or  other  internet  service
     6  that  offers  or  arranges  for  delivery  of goods, including food, and
     7  advertises that such deliveries shall occur  within  thirty  minutes  or
     8  less.
     9    2.  Every  thirty-minute  delivery service shall include the following
    10  language in any advertisement that  mentions  deliveries  within  thirty
    11  minutes or less: "Delivery is not guaranteed within 30 minutes.  For the
    12  safety  of  the  public  and delivery workers, please allow more than 30
    13  minutes for delivery." In any such written advertisement, such  language
    14  shall  be prominently displayed in a clear and conspicuous manner to the
    15  consumer.
    16    3. Every thirty-minute delivery service shall disclose to  any  worker
    17  engaged  to  make  deliveries on behalf of such service that delivery is
    18  not required within thirty minutes and that  there  is  no  penalty  for
    19  failure  to deliver within thirty minutes. If the thirty-minute delivery
    20  service uses a mobile application to communicate with such workers, such
    21  disclosure shall be prominently displayed in  a  clear  and  conspicuous
    22  manner in such mobile application.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06669-01-5
        A. 4849                             2

     1    4.  A  thirty-minute  delivery  service  shall not penalize any worker
     2  engaged to make deliveries on behalf of  such  service  for  failure  to
     3  deliver within thirty minutes.
     4    5.  Any  thirty-minute  delivery  service  that  violates  any  of the
     5  provisions of this section shall be subject to a civil  penalty  of  not
     6  less  than  two  hundred fifty dollars nor more than seven hundred fifty
     7  dollars for each violation.
     8    § 2. This act shall take effect on the sixtieth  day  after  it  shall
     9  have  become  a  law.  Effective  immediately,  the addition, amendment,
    10  and/or repeal of any rule or regulation necessary for the implementation
    11  of this act on  its  effective  date  are  authorized  to  be  made  and
    12  completed on or before such effective date.