HB 593-FN - AS INTRODUCED
2021 SESSION
21-0818
08/05
HOUSE BILL 593-FN
AN ACT requiring a food delivery service to enter into an agreement with a food service
establishment or food retail store before offering delivery service from that
restaurant.
SPONSORS: Rep. Wilhelm, Hills. 42; Rep. Chretien, Hills. 42; Rep. Oxaal, Straf. 15; Rep.
Moran, Hills. 34
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill requires a food delivery service to enter into an agreement with a food service
establishment or food retail store before offering delivery service from that restaurant.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 593-FN - AS INTRODUCED
21-0818
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT requiring a food delivery service to enter into an agreement with a food service
establishment or food retail store before offering delivery service from that
restaurant.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Chapter; Food Delivery Platform. Amend RSA by inserting after chapter 359-R the
2 following new chapter:
3 CHAPTER 359-S
4 FOOD DELIVERY PLATFORM
5 359-S:1 Food Delivery Platforms.
6 I. In this chapter:
7 (a) “Food delivery platform” means an online business that acts as an intermediary
8 between consumers and multiple food facilities to submit food orders from a consumer to a
9 participating food facility, and to arrange for the delivery of the order from the food service
10 establishment or retail food store to the consumer.
11 (b) “Food service establishment" has the same meaning as RSA 143-A:3, IV.
12 (c) "Retail food store" has the same meaning as RSA 143-A:3, VII.
13 II. A food delivery platform shall not arrange for the delivery of an order from a food service
14 establishment or retail food store without first obtaining an agreement with the food service
15 establishment or retail food store expressly authorizing the food delivery platform to take orders and
16 deliver meals prepared by the food service establishment or retail food store.
17 III. Any food delivery platform that violates this chapter shall be guilty of a violation and
18 fined $100 for each delivery made without the agreement required in paragraph II.
19 2 Effective Date. This act shall take effect January 1, 2022.
 LBA
21-0818
Revised 2/18/21
HB 593-FN- FISCAL NOTE
AS INTRODUCED
AN ACT requiring a food delivery service to enter into an agreement with a food service
establishment or food retail store before offering delivery service from that
restaurant.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
METHODOLOGY:
This bill requires a food delivery service to enter into an agreement with a food service
establishment or food retail store before offering delivery service. It amends RSA 359 by adding
new Chapter RSA 359-S relative to food delivery platforms, defined as an online business that
acts as an intermediary between consumers and multiple food facilities to submit food orders
from a consumer to a participating food facility, and arrange for the delivery of the order from
the food service establishment or retail food store to the consumer. Also, the bill would impose a
$100 fine to any food delivery platform for any delivery made without the required agreement as
required by the legislation.
The bill contains no affirmative obligation for the Department of Health and Human Services to
enforce the provisions of the legislation, and consequently, the Department does not anticipate
any fiscal impact.
AGENCIES CONTACTED:
Department of Health and Human Services