Title 59.1. Trade and Commerce
Chapter 54. Fair Food Delivery Act
§ 59.1-587. Food delivery platform; agreements required; disclosure of price and fees.
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.
B. A food delivery platform shall:
1. At the point when a consumer views and selects a vendor or items for purchase, include a clear and conspicuous disclosure of any additional fee or percentage charged; and
2. Prior to checkout, display a subtotal page that itemizes the price of the selected items for purchase and any additional fee or percentage included in the total cost.
C. It shall not be a violation of this chapter for a food delivery platform to (i) reduce the total cost that was previously advertised or displayed, (ii) display a promotion or discount, including an offer to waive one or more mandatory fees, or (iii) advertise or display a price for goods and services in compliance with specific state or federal laws applicable to food delivery platforms.
D. A food delivery platform that is a price-variable supplier, as defined in § 59.1-607, is compliant with subdivision B 1 if such supplier includes a disclosure at the point when a consumer selects items for purchase (i) of the factors determining the final price; (ii) of any mandatory fees or surcharges, as defined in § 59.1-607, associated with the transaction; and (iii) that the total cost of services may vary.
