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H.R. 10885House119th Congress (2025-2027)In Committee

PROTECT Small Restaurants Act

To ensure delivery service providers have partnership agreements with the restaurants for which the providers deliver, and for other purposes.

Also known as Providing Real Oversight of Third-parties Executing Certain Transactions for Small Restaurants Act

Sponsored by Susie LeeRep. Susie Lee (D-NV)
Introduced October 22, 2026

AI-Generated Summary

Updated October 27, 2026 at 5:21 AM UTC

The PROTECT Small Restaurants Act would require online food‑delivery platforms to have a written partnership agreement with any restaurant whose food they list or deliver. If a restaurant does not have such an agreement, it can ask the platform to remove its listing within ten days. The Federal Trade Commission (FTC) would create and enforce rules to make sure these requirements are followed, treating violations as unfair or deceptive practices.

Key Provisions

  • A delivery service may not list or deliver food for a restaurant unless it has a written partnership agreement with that restaurant.
  • If a restaurant requests removal because no agreement exists, the platform must take the restaurant off its site and stop processing orders for it within ten days.
  • The FTC is authorized to issue regulations to implement these rules and to enforce them as violations of the FTC Act’s unfair or deceptive practices provisions.
  • The requirements apply to orders placed at least 180 days after the law takes effect.
  • The law also gives legal force to an existing FTC rule on impersonation of government and businesses.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

October 22, 2026

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HouseIntro Referral

Introduced in House

October 22, 2026

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

October 22, 2026

Bill Text

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Introduced in HouseIssued October 22, 2026

I

119th CONGRESS

2d Session

H. R. 10885

IN THE HOUSE OF REPRESENTATIVES

October 22, 2026

Ms. Lee of Nevada (for herself, Mr. McGuire, Mr. Mannion, Mrs. Kiggans of Virginia, Ms. Salinas, and Ms. Friedman) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To ensure delivery service providers have partnership agreements with the restaurants for which the providers deliver, and for other purposes.

1.

Short title

This Act may be cited as the Providing Real Oversight of Third-parties Executing Certain Transactions for Small Restaurants Act or the PROTECT Small Restaurants Act.

2.

Limitations on delivery service providers

(a)

In general

(1)

Agreements required

A food delivery service provider may not facilitate an order for food or beverages prepared by a restaurant unless such provider has a partnership agreement with such restaurant.

(2)

Removal of listings

A food delivery service provider shall, at the request of a restaurant with respect to which the provider does not have a partnership agreement, remove any appearance of such restaurant on an online platform of the provider, and cease facilitating orders with respect to such restaurant, not later than 10 days after the date on which the provider receives such request.

(b)

Regulations

The Federal Trade Commission may promulgate, in accordance with section 553 of title 5, United States Code, regulations to carry out subsection (a).

(c)

Enforcement by Federal Trade Commission

(1)

Unfair or deceptive acts or practices

A violation of this section or a regulation promulgated under this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.

(2)

Powers of Commission

The Federal Trade Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. Any person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.

(d)

Applicability

This section shall apply to an order placed on or after the date that is 180 days after the date of the enactment of this Act.

(e)

Definitions

In this section:

(1)

Food delivery service provider

The term food delivery service provider means a person that provides, through a website, a mobile application, or another online means, a service that—

(A)

allows consumers to place an order for food or beverages with a restaurant;

(B)

is not such restaurant; and

(C)

facilitates delivery with respect to such order, which may include same-day delivery or same-day pickup.

(2)

Partnership agreement

The term partnership agreement means a written agreement between a food delivery service provider and a restaurant that permits such provider to—

(A)

place an order for a consumer for food or beverages prepared by such restaurant; and

(B)

facilitate delivery with respect to such order, which may include same-day delivery or same-day pickup.

(3)

Restaurant

The term restaurant—

(A)

means an establishment that prepares and serves food intended for immediate consumption; and

(B)

does not include a convenience store or a grocery store.

3.

Trade Regulation Rule on Impersonation of Government and Businesses

The final rule issued by the Federal Trade Commission titled Trade Regulation Rule on Impersonation of Government and Businesses (89 Fed. Reg. 15017, March 1, 2024) shall have the force and effect of law.