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Committee hears bill to require delivery platforms to secure restaurant agreements
Summary
Sen. Denise Ricciardi told the Senate Commerce Committee that Senate Bill 280 would require third‑party food delivery platforms to have formal agreements with restaurants before listing them, restoring protections that lapsed under a prior law with a sunset clause.
Senator Denise Ricciardi, state senator for District 9, introduced Senate Bill 280 at a Senate Commerce Committee hearing to require food delivery platforms to enter formal agreements with restaurants before offering their services. "Senate Bill 280 ... is requiring food delivery services to secure agreements with restaurants," Ricciardi said, adding the measure would protect restaurants, food retailers and consumers.
The bill's sponsor and supporters told the committee that, before a 2021 law with a sunset clause, platforms could list restaurants without consent, leaving restaurants vulnerable to incorrect pricing, outdated menus and customer complaints that reflected poorly on restaurants. "Currently, third party delivery platforms can list restaurants and process orders without their consent, leading to incorrect pricing, outdated menus, and lower quality customer experiences," Ricciardi said.
Mike Summers, president and CEO of the New Hampshire Lodging and Restaurant Association, said the association asked Ricciardi to file the bill to restore protections that had "snuck by us" when a sunset clause lifted the previous requirement. Summers said many restaurants had entered agreements while the prior law was effective and that the industry is concerned those protections will lapse again as agreements expire.
Summers also described a proposed technical change requested by DoorDash that would insert two words in the bill text so the prohibition would read that a platform "shall not take and arrange" orders. "By adding those two words, it allows them some flexibility in areas outside of the restaurant world," Summers told the committee and suggested the committee accept the language as a friendly amendment.
Committee members asked how the agreements work. Senator McGill said the contracts are similar to standard electronic merchant agreements and include items such as fees and indemnities; Summers agreed they generally set fee structures and other terms so restaurants are not surprised by charges. Senator Fenn described situations where restaurants were unaware drivers were attempting to pick up orders placed through third‑party apps; committee members said that confusion and stale menus had harmed some restaurants' reputations.
The hearing record shows no formal vote; the committee closed the hearing after public testimony and announced a short recess. Support was noted by at least one registered supporter, Jamie Burnett.
The proposal would reintroduce a consent requirement for listing restaurants on delivery platforms and optionally incorporate a small textual amendment suggested by a delivery company. If advanced, the measure would return to the committee for further action.
