PROTECT Small Restaurants Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 10885 Introduced in House (IH)]

<DOC>

119th CONGRESS 2d Session H. R. 10885

To ensure delivery service providers have partnership agreements with the restaurants for which the providers deliver, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 22, 2026

Ms. Lee of Nevada (for herself, Mr. McGuire, Mr. Mannion, Mrs. Kiggans of Virginia, Ms. Salinas, and Ms. Friedman) introduced the following bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To ensure delivery service providers have partnership agreements with the restaurants for which the providers deliver, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Providing Real Oversight of Third- parties Executing Certain Transactions for Small Restaurants Act'' or the ``PROTECT Small Restaurants Act''.

SEC. 2. LIMITATIONS ON DELIVERY SERVICE PROVIDERS.

(a) In General.-- (1) Agreements required.--A food delivery service provider may not facilitate an order for food or beverages prepared by a restaurant unless such provider has a partnership agreement with such restaurant. (2) Removal of listings.--A food delivery service provider shall, at the request of a restaurant with respect to which the provider does not have a partnership agreement, remove any appearance of such restaurant on an online platform of the provider, and cease facilitating orders with respect to such restaurant, not later than 10 days after the date on which the provider receives such request. (b) Regulations.--The Federal Trade Commission may promulgate, in accordance with section 553 of title 5, United States Code, regulations to carry out subsection (a). (c) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of this section or a regulation promulgated under this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Federal Trade Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. Any person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (d) Applicability.--This section shall apply to an order placed on or after the date that is 180 days after the date of the enactment of this Act. (e) Definitions.--In this section: (1) Food delivery service provider.--The term ``food delivery service provider'' means a person that provides, through a website, a mobile application, or another online means, a service that-- (A) allows consumers to place an order for food or beverages with a restaurant; (B) is not such restaurant; and (C) facilitates delivery with respect to such order, which may include same-day delivery or same-day pickup. (2) Partnership agreement.--The term ``partnership agreement'' means a written agreement between a food delivery service provider and a restaurant that permits such provider to-- (A) place an order for a consumer for food or beverages prepared by such restaurant; and (B) facilitate delivery with respect to such order, which may include same-day delivery or same-day pickup. (3) Restaurant.--The term ``restaurant''-- (A) means an establishment that prepares and serves food intended for immediate consumption; and (B) does not include a convenience store or a grocery store.

SEC. 3. TRADE REGULATION RULE ON IMPERSONATION OF GOVERNMENT AND BUSINESSES.

The final rule issued by the Federal Trade Commission titled ``Trade Regulation Rule on Impersonation of Government and Businesses'' (89 Fed. Reg. 15017, March 1, 2024) shall have the force and effect of law. <all>