What must food delivery apps show about fees in Minnesota?
Quick answer
Minnesota's junk fee law, in force since January 1, 2025, says a delivery platform complies if it clearly shows, when a customer picks a vendor or items, that an extra flat fee or percentage applies and how much. Then, before checkout, it must show a subtotal page itemizing the menu prices and that fee. Government taxes are not mandatory fees.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Start date | January 1, 2025 (June 1, 2025 for industries with prices regulated by the Metropolitan Airports Commission) | 2024 Minn. Laws ch. 111 |
| General rule | Advertising, displaying or offering a price that does not include all mandatory fees or surcharges is a deceptive trade practice (subd. 1a(a)) | Minn. Stat. 325D.44 |
| Delivery platform step 1 | When the consumer views and selects a vendor or items: clear and conspicuous display that an additional flat fee or percentage is charged, including the amount (subd. 1a(c)(1)) | Minn. Stat. 325D.44 |
| Delivery platform step 2 | After items are selected but before checkout: a subtotal page itemizing the menu item prices and the additional fee included in the total (subd. 1a(c)(2)) | Minn. Stat. 325D.44 |
| Taxes | Government taxes on the sale or delivery are not "mandatory fees" (subd. 1a(b)) | Minn. Stat. 325D.44 |
| Restaurants | A food or beverage establishment complies if the total price includes a clear and conspicuous disclosure of the percentage of any automatic and mandatory gratuity (subd. 1a(h)) | Minn. Stat. 325D.44 |
| Penalty | No fine is written in 325D.44 itself; see our Minnesota junk fee penalty guide for the enforcement statutes | Minn. Stat. 325D.44 |
| Last verified | October 28, 2026 | Astor Ventures |
Is this a requirement or a safe harbor?
The statute says a delivery platform "is compliant with this subdivision if" it meets both steps (subd. 1a(c)). Meeting them is how a platform shows it is following the all-in price rule.
Does the restaurant on the app have to do anything?
The restaurant's own prices and ads fall under the general rule (subd. 1a(a)). If it adds an automatic gratuity, it must disclose the percentage (subd. 1a(h)).
Can the app add shipping or delivery costs?
The statute allows a reasonable postage or shipping fee actually incurred for goods that require shipping (subd. 1a(d)). App delivery fees are covered by the platform steps above.
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What else do people ask?
Does a percentage fee have to show the number?
Yes. The disclosure must include the additional fee or percentage amount (subd. 1a(c)(1)).
Are taxes included?
No. Government taxes are excluded from mandatory fees (subd. 1a(b)).
What is the penalty?
325D.44 does not set a dollar fine; see our Minnesota junk fee penalty guide.
Is this legal advice?
No. General information only.
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