A 4849: Requires a disclaimer to be included in any advertising for delivery services that advertise delivery within thirty minutes or less to say that delivery within such time is not guaranteed; prohibits delivery services from penalizing workers that fail to deliver within thirty minutes; requires disclosure to such workers that they are not required to deliver within thirty minutes.

  
  STATE OF NEW YORK ________________________________________________________________________ 4849 2025-2026 Regular Sessions  IN ASSEMBLY February 6, 2025 ___________ Introduced by M. of A. SIMON, GLICK, TAPIA, BURDICK -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to prohibiting delivery services from guaranteeing thirty-minute delivery and prohib- iting such services from penalizing workers for failure to deliver within thirty minutes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 391-x to read as follows: 3 § 391-x. Thirty-minute delivery services; delivery time not guaran- 4 teed. 1. For purposes of this section, "thirty-minute delivery service" 5 shall mean any website, mobile application, or other internet service 6 that offers or arranges for delivery of goods, including food, and 7 advertises that such deliveries shall occur within thirty minutes or 8 less. 9 2. Every thirty-minute delivery service shall include the following 10 language in any advertisement that mentions deliveries within thirty 11 minutes or less: "Delivery is not guaranteed within 30 minutes. For the 12 safety of the public and delivery workers, please allow more than 30 13 minutes for delivery." In any such written advertisement, such language 14 shall be prominently displayed in a clear and conspicuous manner to the 15 consumer. 16 3. Every thirty-minute delivery service shall disclose to any worker 17 engaged to make deliveries on behalf of such service that delivery is 18 not required within thirty minutes and that there is no penalty for 19 failure to deliver within thirty minutes. If the thirty-minute delivery 20 service uses a mobile application to communicate with such workers, such 21 disclosure shall be prominently displayed in a clear and conspicuous 22 manner in such mobile application. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06669-01-5 
 A. 4849 2 1 4. A thirty-minute delivery service shall not penalize any worker 2 engaged to make deliveries on behalf of such service for failure to 3 deliver within thirty minutes. 4 5. Any thirty-minute delivery service that violates any of the 5 provisions of this section shall be subject to a civil penalty of not 6 less than two hundred fifty dollars nor more than seven hundred fifty 7 dollars for each violation. 8 § 2. This act shall take effect on the sixtieth day after it shall 9 have become a law. Effective immediately, the addition, amendment, 10 and/or repeal of any rule or regulation necessary for the implementation 11 of this act on its effective date are authorized to be made and 12 completed on or before such effective date.