republic-os/legislation/us/states/in/2023/hb-1279.md

---
type: "Bill"
title: "Third party food delivery services."
description: "Establishes in the Indiana Code article concerning regulated businesses a new chapter governing third party food delivery services. Defines: (1) \"covered establishment\" as a: (A) restaurant; or (B) food service establishment; that offers, whether directly or through a third party food delivery service, the sale and same-day delivery or pick up of food and beverages to customers; and (2) \"third party food delivery service\" as a person that: (A) uses an online modality or platform to offer or arrange for the sale, and same-day delivery or pick up, of food and beverages prepared or provided by one or more covered establishments; and (B) provides these services either for consideration or for the purpose of obtaining customer data. Prohibits a third party food delivery service from providing any services related to facilitating, processing, or delivering an online order for a covered establishment unless the covered establishment expressly agrees to allow the third party food delivery service to provide those services. Provides that if a covered establishment cancels its contract with a third party food delivery service, the third party food delivery service shall, not later than the time specified in the contract or, if a time for compliance is not specified in the contract, not later than 72 hours after the covered establishment provides notice of cancellation: (1) comply with any terms and conditions for cancellation specified in the contract; and (2) unless otherwise specified in the contract: (A) remove all menus associated with the covered establishment from all online modalities or platforms of the third party food delivery service; and (B) cease to offer, arrange, or perform any activities related to the sale, and same-day delivery or pickup, of food and beverages prepared or provided by the covered establishment. Provides that if a third party food delivery service violates the bill's provisions with respect to a covered establishment, the covered establishment may bring an action against the third party food delivery service, in which: (1) the court may grant a temporary injunction enjoining the third party food delivery service from providing food delivery services with relation to the covered establishment during the pendency of the action; and (2) a covered establishment that prevails is entitled to: (A) actual damages; (B) temporary or permanent injunctive relief; (C) liquidated damages of not more than $50,000 per transaction; and (D) court costs and attorney's fees."
jurisdiction: "us/states/in"
legislature: "Indiana General Assembly"
session: "2023"
identifier: "HB 1279"
citation: "Indiana HB 1279 (2023)"
classification: ["bill"]
subjects: ["COMPUTERS", "FOODS; FOOD AND BEVERAGE TAXES", "RETAIL MERCHANTS", "TELECOMMUNICATIONS", "Telephone", "Television", "Radio", "and Internet"]
status: "enacted"
primary_sponsors: ["Chip Perfect", "Kyle Walker", "Robb Greene"]
version_count: 6
action_count: 25
vote_count: 1
first_action: "2023-01-11"
last_action: "2023-05-01"
source: "openstates"
source_identifier: "ocd-bill/c8eed706-9064-4718-a76f-97fe24538622"
source_url: "http://iga.in.gov/legislative/2023/bills/house/1279"
source_hash: "f33f755fb64437a205fea52cca1c5c9636f1ea64cb6f09b30227bbc4e3aa5198"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-in"]
---

# Indiana HB 1279 (2023) — Third party food delivery services.

Establishes in the Indiana Code article concerning regulated businesses a new chapter governing third party food delivery services. Defines: (1) "covered establishment" as a: (A) restaurant; or (B) food service establishment; that offers, whether directly or through a third party food delivery service, the sale and same-day delivery or pick up of food and beverages to customers; and (2) "third party food delivery service" as a person that: (A) uses an online modality or platform to offer or arrange for the sale, and same-day delivery or pick up, of food and beverages prepared or provided by one or more covered establishments; and (B) provides these services either for consideration or for the purpose of obtaining customer data. Prohibits a third party food delivery service from providing any services related to facilitating, processing, or delivering an online order for a covered establishment unless the covered establishment expressly agrees to allow the third party food delivery service to provide those services. Provides that if a covered establishment cancels its contract with a third party food delivery service, the third party food delivery service shall, not later than the time specified in the contract or, if a time for compliance is not specified in the contract, not later than 72 hours after the covered establishment provides notice of cancellation: (1) comply with any terms and conditions for cancellation specified in the contract; and (2) unless otherwise specified in the contract: (A) remove all menus associated with the covered establishment from all online modalities or platforms of the third party food delivery service; and (B) cease to offer, arrange, or perform any activities related to the sale, and same-day delivery or pickup, of food and beverages prepared or provided by the covered establishment. Provides that if a third party food delivery service violates the bill's provisions with respect to a covered establishment, the covered establishment may bring an action against the third party food delivery service, in which: (1) the court may grant a temporary injunction enjoining the third party food delivery service from providing food delivery services with relation to the covered establishment during the pendency of the action; and (2) a covered establishment that prevails is entitled to: (A) actual damages; (B) temporary or permanent injunctive relief; (C) liquidated damages of not more than $50,000 per transaction; and (D) court costs and attorney's fees.

## Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. **Engrossed House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1279/versions/HB1279.03.ENGH)
2. **Engrossed House Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1279/versions/HB1279.05.ENGS)
3. **Enrolled House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1279/versions/HB1279.06.ENRS)
4. **House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1279/versions/HB1279.02.COMH)
5. **House Bill (S)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1279/versions/HB1279.04.COMS)
6. **Introduced House Bill (H)** (committee substitute) — [source](http://in-proxy.openstates.org/2023/bills/HB1279/versions/HB1279.01.INTR)

## Votes

- HB 1279 - Perfect - 3rd Reading — **47–0** (pass) · upper

## Sponsors

- Chip Perfect — primary (person)
- Kyle Walker — primary (person)
- Robb Greene — primary (person)
- Blake Doriot — cosponsor (person)
- Eric Koch — cosponsor (person)
- Julie Olthoff — coauthor (person)
- Matt Lehman — coauthor (person)
- Robert Morris — coauthor (person)
- Shelli Yoder — cosponsor (person)
- Stacey Donato — cosponsor (person)

## Timeline

The legislative action history — every referral, reading, and vote.

- **2023-01-11** Authored by Representative Greene
- **2023-01-11** First reading: referred to Committee on Commerce, Small Business and Economic Development `reading-1, referral-committee`
- **2023-01-19** Representative Olthoff added as coauthor
- **2023-02-20** Representatives Morris and Lehman added as coauthors
- **2023-02-21** Committee report: amend do pass, adopted `committee-passage`
- **2023-02-23** Amendment #1 (Lehman) prevailed; voice vote `amendment-passage`
- **2023-02-23** Second reading: amended, ordered engrossed `reading-2`
- **2023-02-27** Senate sponsors: Senators Perfect and Walker K
- **2023-02-27** Third reading: passed; Roll Call 241: yeas 94, nays 0 `passage, reading-3, reading-3`
- **2023-02-28** Referred to the Senate `referral`
- **2023-03-06** First reading: referred to Committee on Commerce and Technology `reading-1, referral-committee`
- **2023-03-20** Committee report: amend do pass, adopted `committee-passage`
- **2023-03-21** Senators Koch, Doriot, Yoder, Donato added as cosponsors
- **2023-03-30** Amendment #4 (Perfect) prevailed; voice vote `amendment-passage`
- **2023-03-30** Amendment #6 (Deery) prevailed; voice vote `amendment-passage`
- **2023-03-30** Second reading: amended, ordered engrossed `reading-2`
- **2023-04-03** Third reading: passed; Roll Call 289: yeas 47, nays 0 `passage, reading-3, reading-3`
- **2023-04-04** Returned to the House with amendments `receipt`
- **2023-04-10** Motion to concur filed `filing`
- **2023-04-11** House concurred in Senate amendments; Roll Call 396: yeas 95, nays 0
- **2023-04-21** Signed by the President Pro Tempore `passage`
- **2023-04-21** Signed by the Speaker `passage`
- **2023-04-26** Signed by the President of the Senate `passage`
- **2023-05-01** Signed by the Governor `executive-signature`
- **2023-05-01** Public Law 136 `became-law`

## Source

OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/c8eed706-9064-4718-a76f-97fe24538622`. Confidence: reported (aggregated from official Indiana legislature records).