A. No food delivery platform shall submit an order on behalf of a consumer to a restaurant or arrange for the delivery of an order from a restaurant without first obtaining an agreement with the restaurant expressly authorizing the food delivery platform to submit orders to and deliver food prepared by the restaurant.
1. At the point when a consumer views and selects a vendor or items for purchase, include a clear and conspicuous disclosure of any additional fee or percentage charged; and
2. Prior to checkout, display a subtotal page that itemizes the price of the selected items for purchase and any additional fee or percentage included in the total cost.
C. It shall not be a violation of this chapter for a food delivery platform to (i) reduce the total cost that was previously advertised or displayed, (ii) display a promotion or discount, including an offer to waive one or more mandatory fees, or (iii) advertise or display a price for goods and services in compliance with specific state or federal laws applicable to food delivery platforms.
D. A food delivery platform that is a price-variable supplier, as defined in § 59.1-607, is compliant with subdivision B 1 if such supplier includes a disclosure at the point when a consumer selects items for purchase (i) of the factors determining the final price; (ii) of any mandatory fees or surcharges, as defined in § 59.1-607, associated with the transaction; and (iii) that the total cost of services may vary.