Virginia Law

As used in this chapter, unless the context requires a different meaning:

"Additional fee or percentage" has the same meaning as "mandatory fees or surcharges" in § 59.1-607.

"Clear and conspicuous" has the same meaning as provided in § 59.1-607.

"Food delivery platform"means a person that operates a mobile application or other online service to act as an intermediary between consumers and multiple restaurants to submit food orders on behalf of a consumer to a participating restaurant and to arrange for the delivery of the order from the restaurant to the consumer.

"Restaurant" has the same meaning as provided in § 35.1-1 and excludes establishments listed in § 35.1-25.

2021, Sp. Sess. I, c. 485; 2025, cc. 685, 686.

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.

2021, Sp. Sess. I, c. 485; 2025, cc. 685, 686.

Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of Chapter 17 (§ 59.1-196 et seq.).

2021, Sp. Sess. I, c. 485.