What must food delivery apps show about fees in Virginia?
Quick answer
A food delivery app meets Virginia's mandatory fee law by following Va. Code 59.1-587: clearly disclose any additional fee or percentage when the customer views and selects a restaurant or items, then show a subtotal page itemizing item prices and each fee before checkout. It also needs an agreement with every restaurant it takes orders for.
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Safe harbor | A food delivery platform that complies with Chapter 54 (59.1-586 et seq.) is deemed compliant with the all-in price rule in 59.1-608 (59.1-608(I)) | Va. Code 59.1-608 |
| Who is covered | A person running an app or online service that acts as an intermediary between consumers and multiple restaurants to submit food orders and arrange delivery (59.1-586) | Va. Code 59.1-586 |
| Restaurant agreement | No orders or deliveries for a restaurant without first obtaining an agreement expressly authorizing it (59.1-587(A)) | Va. Code 59.1-587 |
| When selecting | Clear and conspicuous disclosure of any additional fee or percentage charged, when the consumer views and selects a vendor or items (59.1-587(B)(1)) | Va. Code 59.1-587 |
| Before checkout | A subtotal page itemizing the price of the selected items and any additional fee or percentage included in the total cost (59.1-587(B)(2)) | Va. Code 59.1-587 |
| Price depends on choices, distance or time | A price-variable app complies with (B)(1) by disclosing, when items are selected, the factors that set the final price, any mandatory fees, and that the total may vary (59.1-587(D)) | Va. Code 59.1-587 |
| What counts as a fee | "Additional fee or percentage" means "mandatory fees or surcharges" in 59.1-607, which excludes government taxes and fees and reasonable postage or shipping fees | Va. Code 59.1-607 |
| Allowed | Lowering a previously shown total, or showing a promotion or discount, including waiving one or more fees (59.1-587(C)) | Va. Code 59.1-587 |
| Enforcement | A violation is a prohibited practice under 59.1-200, enforceable under the Virginia Consumer Protection Act (59.1-588) | Va. Code 59.1-588 |
| Last verified | October 27, 2026 | Astor Ventures |
Does the restaurant have to follow the same rule?
No, restaurants have their own route. Under 59.1-608(C) a restaurant or hotel complies if every offer or ad with pricing information clearly and conspicuously discloses the percentage of any automatic and mandatory gratuities. A delivery app follows Chapter 54 instead, which 59.1-608(I) treats as compliance with the all-in price rule.
Can a delivery fee change with distance or time?
Yes. If the app is a "price-variable supplier", meaning its services are priced by customer selections or by distance or time (59.1-607), it complies with the selection-stage disclosure by showing the factors that set the final price, any mandatory fees, and that the total may vary (59.1-587(D)). The itemized subtotal before checkout is still required.
Are other sectors given a similar safe harbor?
Yes. Under 59.1-608, live-event ticket sellers that follow the federal rule at 16 C.F.R. Part 464 are deemed compliant (H), as are broadband providers using the FCC broadband label (E), cable operators meeting 47 U.S.C. 552 (F) and satellite TV providers meeting 47 C.F.R. 76.310 (G).
Want it done in an afternoon? The Virginia mandatory fees and all-in price kit turns these rules into fill-in templates, a checklist and a tracker, with the official sources quoted. One-time payment of $29, instant download.
What else do people ask?
Do I need a written deal with every restaurant on the app?
Yes. 59.1-587(A) requires an agreement expressly authorizing the platform to submit orders to and deliver food from that restaurant.
Can the app run "free delivery" promotions?
Yes. Displaying a promotion or discount, including waiving a fee, is not a violation (59.1-587(C)).
What is the penalty?
Violations are prohibited practices under the Virginia Consumer Protection Act (59.1-588). See our Virginia junk fee fine guide for amounts.
Is this legal advice?
No. General information only.
Related guides
← Virginia mandatory fees and all-in price kit · All guides · All kits