Effective - 01 Jan 2022
196.276. Food delivery platform — definitions — certification or registration — limitations — agreements, requirements — violation, penalties. — 1. As used in this section, the following terms mean:
(1) "Consent", a mutual acknowledgment by both a restaurant and a food delivery platform, which may be obtained electronically;
(2) "Food delivery platform", a business that acts as a third-party intermediary by taking and arranging for the delivery or pickup of orders from multiple restaurants for ultimate consumers. The term does not include delivery or pickup orders placed directly with, and fulfilled by, a restaurant. The term does not include websites, mobile applications, or other electronic services that do not post restaurant menus, logos, or pricing information on their platforms;
(3) "Likeness", a mark or trade name;
(4) "Mark", a trademark or service mark, regardless of whether the trademark or service mark is actually registered;
(5) "Restaurant", a business in this state that:
(a) Operates its own permanent food service facilities with commercial cooking equipment on its premises; and
(b) Prepares and offers to sell multiple entrees for consumption on or off the premises;
(6) "Trade name", a name used by a person or entity to identify the person's or entity's business or vocation.
2. (1) A food delivery platform shall not take and arrange for the delivery or pickup of an order from a restaurant in this state unless such food delivery platform has filed a certificate of formation or registration with the secretary of state.
(2) A food delivery platform shall:
(a) Not use a restaurant's likeness in a manner that could reasonably be interpreted to falsely suggest sponsorship or endorsement by the restaurant;
(b) Not, without the restaurant's consent, take and arrange for the delivery or pickup of an order from a restaurant;
(c) Not, without an agreement with the restaurant, intentionally inflate or alter a restaurant's pricing, although other charges may be assessed to the ultimate consumer if they are noted separately to the consumer;
(d) Not, without an agreement with the restaurant, attempt to charge a restaurant or expect the restaurant to pay or absorb any fee, commission, or charge;
(e) Remove a restaurant from the food delivery platform's services within ten days of receiving the restaurant's request for removal unless an agreement between the food delivery platform and the restaurant states otherwise; and
(f) Clearly provide to the ultimate consumer a mechanism to express order concerns directly to the food delivery platform.
(3) Any agreement between a food delivery platform and a restaurant to take and arrange for the delivery or pickup of orders shall:
(a) Be in writing and expressly authorize the food delivery platform to take and arrange for the delivery or pickup of orders from the restaurant;
(b) Clearly identify any fee, commission, or charge that the restaurant will be required to pay or absorb; and
(c) Not include a provision, clause, or covenant that requires a restaurant to indemnify a food delivery platform, or any employee, independent contractor, or agent of the food delivery platform, for any damages or harm caused by the actions or omissions of the food delivery platform or any employee, independent contractor, or agent of the food delivery platform.
(4) Any provision in an agreement between a food delivery platform and a restaurant, or in a written consent, that is contrary to subdivision (3) of this subsection is void and unenforceable.
3. (1) A restaurant may bring an action to enjoin a violation of this section. If the court finds a violation, the court shall issue an injunction and may:
(a) Subject to subdivision (2) of this subsection, require the violator to pay to the injured party all profits derived from or damages resulting from the wrongful acts; and
(b) Order that the wrongful act be terminated.
(2) If the court finds that the food delivery platform committed a wrongful act in bad faith, in violation of this section by not having an agreement or written consent, or otherwise, as according to the circumstances of the case, the court, in the court's discretion, may:
(a) Enter judgment in an amount not to exceed three times the amount of profits and damages; and
(b) Award reasonable attorney's fees to the restaurant.
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(L. 2021 S.B. 176)
Effective 1-01-22
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 196 - Food, Drugs and Tobacco
Section 196.010 - Definitions.
Section 196.015 - Certain acts prohibited.
Section 196.020 - Injunction will lie to restrain violations of section 196.015.
Section 196.025 - Punishment for violations, exceptions.
Section 196.035 - Duty of prosecuting attorney.
Section 196.050 - Not to prescribe more stringent regulations than prescribed by federal act.
Section 196.055 - Access to places in which food, drugs, devices or cosmetics are manufactured.
Section 196.060 - Carriers in interstate commerce shall permit access to records of shipments.
Section 196.065 - Publication of reports of judgments, decrees and court orders.
Section 196.070 - Food, when deemed adulterated — industrial hemp content, effect of.
Section 196.075 - Food, when deemed misbranded.
Section 196.085 - Use of poisonous or deleterious substances.
Section 196.090 - Sections 196.010 to 196.120 not applicable to animal food or garbage.
Section 196.095 - When drug or device adulterated.
Section 196.100 - When drug or device misbranded.
Section 196.105 - Provisions governing selling or delivering new drug.
Section 196.110 - When a cosmetic deemed adulterated.
Section 196.115 - When a cosmetic deemed misbranded.
Section 196.120 - Advertisement, when deemed false.
Section 196.150 - Sale of horse and mule meat prohibited except when labeled as such meat.
Section 196.160 - Lawful to sell goat meat, when.
Section 196.165 - Falsely representing food to be kosher prohibited, penalty — kosher defined.
Section 196.170 - Mixed flour to be branded.
Section 196.190 - To what places law applies.
Section 196.195 - Contents of places and utensils used must be protected.
Section 196.210 - Toilet rooms provided.
Section 196.220 - Not used for sleeping purposes.
Section 196.225 - Employees with communicable disease prohibited, where.
Section 196.230 - Abatement of violations by director.
Section 196.240 - Authorization by director to close health menace.
Section 196.245 - Order to specify what — revocation — reopening.
Section 196.250 - Construction of the word close.
Section 196.265 - Penalty for violation.
Section 196.271 - Food manufacturers or distributors may register.
Section 196.311 - Definitions.
Section 196.313 - License to sell eggs required — exceptions.
Section 196.316 - License requirements — applications — kinds of licenses — fees — posting.
Section 196.318 - Licensees to keep records.
Section 196.321 - Standards and grades to be fixed.
Section 196.323 - Kinds of eggs which may be sold.
Section 196.326 - Egg containers to be marked or labeled.
Section 196.328 - Containers not required to be marked, when.
Section 196.331 - Sign required on sale from bulk lots.
Section 196.333 - Markings in case of eggs from different species of fowl.
Section 196.336 - Advertisements of price to give size and quality.
Section 196.338 - Dealer to furnish retailer with invoice showing size and quality.
Section 196.341 - Processing plants kept clean — standards — inspection — rulemaking, procedure.
Section 196.343 - Inspection of business premises and records.
Section 196.346 - Stop-sale orders, effect — appeals.
Section 196.348 - Court may order seizure of eggs, when — condemnation.
Section 196.351 - License suspended or revoked, when, procedure — appeal.
Section 196.352 - Civil penalty authorized, when.
Section 196.354 - Duties of director of agriculture — rules and regulations.
Section 196.357 - Violations may be enjoined.
Section 196.361 - Violation a misdemeanor.
Section 196.450 - Definitions.
Section 196.455 - Annual license required.
Section 196.465 - Semiannual inspection of plants.
Section 196.470 - Form and expiration of license.
Section 196.475 - Gas masks, alarm bell, and illumination required.
Section 196.480 - Requirements before issuance of license.
Section 196.485 - Temperature requirements and record.
Section 196.490 - Food to be quick frozen before placed in locker.
Section 196.495 - Record of name and address of user.
Section 196.500 - Accurate and complete report of weight of food.
Section 196.505 - Designation of food not for human consumption.
Section 196.510 - Operator to have lien on property for rentals — furnish content insurance.
Section 196.515 - Revocation of license — enforcement.
Section 196.520 - Short title.
Section 196.525 - Definitions.
Section 196.530 - Standards to be maintained.
Section 196.540 - Administration by state milk board — rules, promulgation — exempt products.
Section 196.542 - Fees for licenses.
Section 196.545 - Unlawful sale of dairy products.
Section 196.550 - Grading of products — right to protest accuracy, procedure.
Section 196.555 - The state milk board's right of access.
Section 196.560 - Records of purchases and sales.
Section 196.565 - The state milk board may take samples.
Section 196.570 - Condemnation of illegal dairy products.
Section 196.575 - Unidentified products subject to seizure.
Section 196.580 - Confiscated products released to owner, when.
Section 196.585 - Inspection, interference prohibited.
Section 196.590 - Suspension or revocation of licenses.
Section 196.595 - Substandard products, sale or production prohibited.
Section 196.610 - Penalty for violation.
Section 196.695 - Filled milk defined.
Section 196.700 - Emulsified cream defined.
Section 196.705 - Fat or oil other than milk fat prohibited.
Section 196.710 - Emulsified cream and filled milk prohibited.
Section 196.715 - Penalty for violation.
Section 196.735 - Labeling of cheese.
Section 196.740 - Labeling for shipments of skimmed milk.
Section 196.815 - Receptacles defined.
Section 196.820 - Receptacles kept clean.
Section 196.825 - Return of shipping containers.
Section 196.830 - Receptacle cleaned and returned to distributor.
Section 196.840 - Examination and tuberculin test of cattle, when.
Section 196.845 - Violation a misdemeanor.
Section 196.851 - Applicability — purpose of law.
Section 196.856 - Definitions of products subject to law.
Section 196.872 - Rules and regulations for minimum sanitation to be established, procedure.
Section 196.886 - Sale regulations — labeling.
Section 196.895 - Violation of law a misdemeanor.
Section 196.931 - Definitions.
Section 196.933 - Certain products exempted.
Section 196.937 - Penalty — violation by employee is violation by employer.
Section 196.941 - State milk board, membership, qualifications, appointment.
Section 196.945 - Inspection fee, payable when — hearing and notice before fee established.
Section 196.949 - State inspection of milk or milk products not required, when.
Section 196.951 - State milk board official rating agency — survey made, when, how.
Section 196.953 - Injunctive relief authorized.
Section 196.955 - Valid grade A milk permit holder may continue to sell grade A milk.
Section 196.957 - Only one inspection required.
Section 196.959 - Appeal from order or regulation of board, how taken.
Section 196.970 - Citation of law.
Section 196.973 - Definitions.
Section 196.976 - Prescription drug repository program established, criteria.
Section 196.981 - Immunity from civil or criminal liability, when.
Section 196.984 - Administrative rules, authority to promulgate.
Section 196.1000 - Definitions.
Section 196.1003 - Requirements.
Section 196.1020 - Definitions.
Section 196.1026 - Nonresident or foreign nonparticipating manufacturers, requirements.
Section 196.1100 - Trust fund established, purpose — reversion to general revenue prohibited.
Section 196.1109 - Moneys appropriated from trust fund, purposes.
Section 196.1109 - Moneys appropriated from trust fund, purposes.
Section 196.1115 - Board's powers, duties and limitation on expenditures.
Section 196.1115 - Board's powers, duties and limitation on expenditures.
Section 196.1127 - Appropriation to board subject to certain requirements.