A4339 1R

An Act concerning food and beverage delivery vehicle network companies and supplementing Title 24 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this this act:

“Digital network” means any online-enabled technology application, service, website, or system offered or utilized by a food and beverage delivery vehicle network company that enables a digital sale to occur between a customer and a food and beverage delivery vehicle network company. ¹“Digital network” shall not include any online-enabled technology application, service, website, or system offered or utilized by a third-party that enables a transaction to occur directly between a customer and a restaurant¹.

“Digital sale” means a transaction in which a customer purchases food from a food and beverage delivery vehicle network company through a digital network, for which a food and beverage delivery vehicle is used to deliver food that was processed and prepared at a food commissary.

“Food and beverage delivery vehicle” means a vehicle that is operated by a food and beverage delivery vehicle network company, which contains refrigerated storage, hot holding, or heating equipment for the purposes of transporting and delivering food prepared and processed at a food commissary to a customer at a predetermined location, does not accept payment or otherwise process sales transactions on the vehicle, and is stored at either at a food commissary or storage and supply center when not being used for delivery.

“Food and beverage delivery vehicle network company” means a corporation, partnership, sole proprietorship, or any other legal entity that utilizes a digital network to conduct digital sales in the State.

“Food commissary” means a facility that is utilized by a food and beverage delivery vehicle network company where food is processed, prepared, stored, or packed for transport, delivery, and consumption.

“Storage and supply center” means a facility that is operated by a food and beverage delivery vehicle network company that provides storage of a food delivery vehicle, or storage of food that was processed, prepared, stored, or packed at a food commissary.

2. a. The Department of Health shall establish a food and beverage delivery vehicle network company license program and application process, which shall entitle the holder to engage in digital sales in the State.

b. (1) An applicant seeking to obtain a food and beverage delivery vehicle network company license shall apply to the Department of Health in a form and manner determined by the Department of Health. The application shall include such information as the Department of Health deems relevant. The Department of Health may charge an applicant a reasonable fee to cover the department’s costs for administering and enforcing the provisions of this act.

(2) The Department of Health may permit applicants to self-certify that, if approved for licensure, food will be stored, processed, prepared, and handled in sanitary conditions in all food and beverage delivery vehicles, food commissaries, and storage and supply centers operated by the applicant in a manner that is consistent with the provisions of R.S.24:15-1 through R.S.24:15-10 and R.S.24:15-12.

c. A food and beverage delivery vehicle network company license issued pursuant to this section shall be valid for a term of two years from the date of issuance, unless suspended or revoked for cause, and may be renewed upon application to the Department of Health. A food and beverage delivery vehicle network company shall display its license in a conspicuous location in each of the food and beverage delivery vehicles, food commissaries, and storage and supply centers that it operates.

d. The Department of Health shall establish a supplemental application to permit a licensed food and beverage delivery vehicle network company to seek licensure for additional food and beverage delivery vehicles, food commissaries, and storage and supply centers that were not submitted or approved on the initial application.

3. a. The Department of Health may inspect any of the food and beverage delivery vehicles, food commissaries, and storage and supply centers, operated by a licensed food and beverage delivery vehicle network company, if the Department of Health reasonably believes that the food and beverage delivery vehicle network company is storing, preparing, processing, or handling food in unsanitary conditions, selling unsafe food, or violating any provision of this act. The Department of Health may partner with a municipal or county health department to conduct inspections and may charge a license holder a reasonable fee to cover all costs associated with conducting an inspection pursuant to this subsection.

b. If, upon inspection of a food and beverage delivery vehicle, food commissary, or storage and supply center, pursuant to subsection a. of this section, the Department of Health determines that the food and beverage delivery vehicle network company is storing, preparing, processing, or handling food in unsanitary conditions, selling unsafe food, or violating any provision of this act, the Department of Health shall take appropriate corrective measures.

4. a. Notwithstanding any other law, rule, or regulation to the contrary, a food and beverage delivery vehicle network company shall maintain individual digital sale records for all sales conducted within the State for at least a two year period following the date of the digital sale.

b. The Department of Health may inspect the digital sale records held by the food and beverage delivery vehicle network company for all sales conducted within the State if the department provides a written request for the records and a legitimate basis for the request.

c. Any records inspected by the Department of Health shall: be deemed confidential, not be disclosed to a third party except with the prior written consent of the food and beverage delivery vehicle network company, and not be considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to government records.

5. Notwithstanding any law, rule, or regulation to the contrary, a food and beverage delivery vehicle network company licensed by the Department of Health pursuant to this act, and the food and beverage delivery vehicles, food commissaries, and storage and supply centers that are owned by the food and beverage delivery vehicle network company, shall be exempt from the food delivery licensing requirements of any municipality, regional, or county governmental agency.

6. The Commissioner of Health shall adopt rules and regulations, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act.

7. This act shall take effect 180 days after the date of enactment.