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New York City Now Requires Restaurants to Link to Health Grades on Their Online Ordering Sites
What’s new. The New York City Department of Health and Mental Hygiene (DOHMH) is advising restaurants of a new requirement affecting any business that lets customers order food online for same-day pickup or delivery. If customers can place a same-day order through a website or app you operate, that ordering page must now include a link to the Health Department’s ABCEats restaurant-grading website — the City’s public database of restaurant inspection letter grades.
Who it covers. The requirement reaches two groups:
- Restaurants that take orders directly. If you operate your own website or app that accepts same-day pickup or delivery orders, you must add an ABCEats link to the ordering site.
- Third-party delivery platforms. Platforms that let customers place same-day pickup or delivery orders are likewise required to provide access to restaurant grading information.
What triggers it. The obligation is tied to same-day ordering — the ability for a customer to place an order for pickup or delivery that day through your digital ordering channel. The underlying purpose is to give online customers the same access to a restaurant’s inspection grade that a walk-in customer gets from the letter grade posted in the window.
What you should do. Restaurants that accept online orders directly through their own website and apps should make sure a link to ABCEats is added to each applicable ordering site. If you rely on a third-party platform, confirm the platform surfaces grading information for your listing. Build the link into the customer-facing ordering flow rather than burying it, so it is readily accessible at the point of ordering.
Penalty for noncompliance. Failure to comply may result in a summons and a $100 fine.
Questions. The Health Department has directed businesses with questions to contact infobfscs@health.nyc.gov or 212-676-1600.
Keven Danow is an attorney representing members of all three tiers of the Beverage Alcohol Industry and member of The Danow Group, 605 Third Avenue, New York, NY 10158. (212 3703744). Website: thedanowgroup.com; email:kd@thedanowgroup.com
This article is not intended to give specific legal advice. Before taking any action, the reader should consult with an attorney familiar with the relevant facts and circumstances.
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