§ 2-462 — Records
New York City Administrative Code (current through L.L. 2026/147, enacted September 12, 2026, and amendments effective through October 10, 2026) · 6 RCNY § 2-462
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§ 2-462 Records.
(a) (1) Pursuant to subdivision (a)(4) of § 20-563.8 of the Administrative Code, every third-party food delivery service must maintain records sufficient to document the full ownership of such third-party food delivery service. Such records must be maintained in an electronic format for a period of at least 3 years. (2) Every third-party food delivery service must maintain records sufficient to demonstrate compliance with the requirements set forth in subdivision (b) of § 20-563.2 of the Administrative Code. Such records must be maintained in an electronic format for a period of at least 3 years. (3) Every third-party food delivery service must maintain records sufficient to document all customer requests not to share the customer's data with a food service establishment pursuant to subdivision (b) of § 20-563.7 of the Administrative Code. Such records must be maintained in an electronic format for a period of at least 3 years. (b) (1) A request or subpoena for information or records from the Department must be served on a third-party food delivery service in writing in person, via mail, or via email. A third-party delivery service must respond to a written request or subpoena for information or records from the Department by providing to the Department true, accurate, and contemporaneously made electronic records or information within 30 days of the date that the request is received and in the formats and layouts prescribed by the Department in such request or subpoena. (2) A deadline of more than 30 days may be agreed to on consent by the Department and the third-party food delivery service. (3) The Department may issue a summons to a third-party food delivery service who fails to provide true and accurate electronic records or information by the deadline provided in the written request or subpoena or the deadline agreed to by the parties, provided that the monetary penalties authorized by § 20-563.10 of the Administrative Code for a violation of § 20-563.8 of the Administrative Code shall not apply while such written request or subpoena is the subject of a pending proceeding. (c) A third-party delivery service's failure to maintain, retain, or produce a record that is required by law or rule to be maintained that is relevant to a material fact alleged by the Department in a summons, petition, or other notice of hearing creates a reasonable inference that such fact is true. (Added City Record 1/19/2022, eff. 2/18/2022)
