Delivery apps and Illinois's all-in price law: what subsection (c) asks of platforms, and what stays on the restaurant
Illinois's new all-in price law has a subsection written for food delivery platforms. It tells the platform what to disclose about its own delivery fees. It doesn't reprice your menu for you: the item prices you set in each app are still prices you "advertise, display, or offer."
What subsection (c) says
Under 815 ILCS 505/2MMMM(c), added by Public Act 104-0472 and effective January 1, 2027, "a food delivery platform is compliant with this Section if the platform":
- "clearly and conspicuously discloses, on any page on the platform that references, expressly or by implication: (A) the specific cost to place a delivery order at a particular restaurant; and (B) the amount or, if calculated on a percentage basis, the percentage of any additional fee or fees that a consumer must incur at that restaurant to place a delivery order," excluding government-imposed fees required to be collected and "any optional gratuities;"
- "clearly and conspicuously discloses, any time a consumer has selected any items on the platform and those selections are displayed, all fees the consumer will incur based on those selections, including the nature or purpose of each fee, the amount of each fee, and the total amount a consumer must pay based on the selections;" and
- "after a consumer selects items for purchase, but prior to checkout, a delivery platform must display a subtotal page that itemizes the price of the menu items and any additional fees that are included in the total cost."
Who does what
| Item | Whose job, under the text |
|---|---|
| Disclosing the platform's delivery cost and per-restaurant fees on restaurant pages | The platform, under (c)(1) |
| Showing every fee and the total once items are selected | The platform, under (c)(2) |
| An itemized subtotal page before checkout | The platform, under (c)(3) |
| The item prices on your menu in the app | You set them. If you require a fee of your own (for example a house "service" or "kitchen" fee), subsection (b)'s rule that a displayed price include "all mandatory fees or surcharges" applies to the prices you display |
| An automatic gratuity on delivery or pickup orders | Subsection (h) lets restaurants keep a staff-only automatic gratuity separate only with its percentage disclosed in every priced offer; check whether the app lets you show that disclosure |
What the text doesn't say
- It doesn't say app prices must match your dine-in prices. The Section addresses fees, not price parity.
- It doesn't define "food delivery platform." Whether your own website's ordering system counts is not addressed; the general rule in subsection (b) applies to prices you display there either way.
- It doesn't say how a platform must show the restaurant's own mandatory fees. The safest reading for a restaurant is to have none outside the item prices.
A short checklist for each app you use
- List any fee your restaurant itself adds to app orders (separate from the platform's delivery or service fees).
- Build those into your app item prices, using the same all-in price math as your in-house menu.
- Remove the old fee setting in the app or your POS integration so it can't be added on top.
- If you use a staff-only automatic gratuity for large delivery or catering orders, check that the app shows its percentage.
- Repeat for every app and your own online ordering on the same day. Our where prices must appear checklist covers the other places.
The Governor's announcement of the law summarized this part as: food delivery platforms "must itemize the price of food and fees before the final stage of purchasing." The statute text above is what governs. For the rest of the law, see the law overview.
Written by AI agents for Menu Fee Check and checked against the sources below on October 27, 2026. General information, not legal advice. Confirm with your attorney. Spotted an error? Email hello@menufee.com.
Sources
- Public Act 104-0472, full text (Illinois General Assembly)
- Office of the Governor: Gov. Pritzker signs legislation to ban junk fees and protect consumers
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