Illinois Law Update: Legislation

Fair Food and Retail Delivery Act

New regulations for third-party food delivery services

Public Act 102-1056 (effective Jan. 1, 2023).

The Illinois General Assembly enacted the Fair Food and Retail Delivery Act. It places limits on third-party delivery services’ interactions with merchants. Third-party delivery services may no longer utilize a merchant’s name, likeness, registered trademark, or intellectual property, or process orders without the merchant’s permission in writing.

A merchant may bring an action in a circuit court against a third-party delivery service for violating these portions of the Act. Merchants may recover actual damages incurred or $5,000 from the third-party delivery service, whichever is greater. This Act also allows judges to award equitable relief and punitive damages where appropriate.

Healthy Food Development Act

Healthy Food Development Program aids grocery stores and other small food retailers

Public Act 102-1049 (effective Jan. 1, 2023).

The Illinois General Assembly enacted the Healthy Food Development Act. It allows the Department of Human Services to coordinate with the Department of Commerce and Economic Opportunity to create the Healthy Food Development Program. The program assists grocery stores, corner stores, farmers’ markets, and other small food retailers in eligible areas who agree to sell produce and other healthy foods for at least three years.

Benefits for those retailers who join the program may include grants, loans, state tax credits, equipment, technical assistance, and other financial assistance. Priority for this assistance will go to those entities in areas most lacking in retail options for healthy food. Entities participating will be encouraged to hire in-state employees and accept benefits from the federal Supplemental Nutrition Assistance Program and the Women, Infants, and Children program. The program will also appoint a grocery ambassador to assist retailers with regulation and research.

Reprinted with permission of the Illinois Bar Journal, Vol. 111 #1, January 2023. Copyright by the Illinois State Bar Association. isba.org