Legal factors

Food companies must follow very strict food safety and other health protocols. For instance, they must clarify the amount of oil and salt they’re using, the right temperature, rightly grilled, food storage

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system, expiration date, cleaning, and food transportation. That’s why food businesses must conduct their operation according to health and safety regulations.

Governments have a complex and sometimes different legislative framework for every aspect of the pizza delivery industry. This includes regulations on the cleanliness of commercial kitchens, the way food is delivered and stored requirements for workers in this industry. All this is obviously to make sure that consumers are not exposed to poor quality or even worse, dangerous food. All these rules at the same time make the food industry, and consequently, the food delivery industry, one of the most regulated markets in the world, and this certainly reduce profit margins.

As mentioned in the introductory paragraph, one of the most important aspects of food delivery is certainly the protection of riders. This topic has been at the centre of a heated debate between the Italian government and the big food delivery companies. Being a relatively new market, the rider market had not yet been regulated. The debate revolves around the precarious conditions in which this class of workers finds itself, most of whom are underpaid and therefore forced to work hard to achieve a salary that is often meagre. With Circular No. 17 of 19 November 2020, [48] the Ministry of Labour and Social Policies clarifies the legal provisions on the protection of the work of cycle-porters (so-called riders) of digital platforms. The published text recalls, first, the innovative value of the amendments made to Legislative Decree no. 81 of 15 June 2015, by Law no. 128 of 2 November 2019, with which, for the first time, the work activity of riders of digital platforms was regulated, seizing the stimulus launched by the European Union to give a coordinated response to the legal challenges posed by the continuous technological changes in the labour market.

Law 128/2019 gives riders differentiated protections depending on whether their activity falls under the general notion of hetero-organised coordinated and continuous collaboration or is instead attributable to subordinate employment within the meaning of Article 2094 of the Civil Code.

The most important new features are:

• - D.L. rider protection, contract form: Individual employment contracts must be evidenced in writing and workers must be provided with all relevant information to protect their interests, rights, and safety. In the event of failure to conclude a contract, the employee is entitled to an indemnity not exceeding the remuneration received during the last year, determined fairly regarding the seriousness and duration of the violations and the behaviour of the parties [37].

• - D.L. protection of riders, salary: The remuneration of riders are determined by collective agreements concluded by the most representative trade unions and employers' organisations at the national level, which may lay down criteria for determining the overall remuneration

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that considers the way the service is performed and the organisation of the principal. In the event of failure to conclude a contract, workers may not be paid based on the deliveries made, since a minimum hourly remuneration must be guaranteed that is in line with the minimum rates laid down in national collective agreements in similar or equivalent sectors signed by the most representative trade unions and employers' organisations at national level [37].

• D.L. protection of riders, prohibition of discrimination: Another important aspect concerns the prohibition of discrimination. Specifically, riders are subject to the anti-discrimination rules and the rules protecting the freedom and dignity of workers, including access to the platform. Exclusion from the platform and reductions in work opportunities due to non-acceptance of the service are prohibited [37].

• - D.L. rider protection, accident protection Finally, Article 47-septics provides riders with compulsory insurance cover against accidents at work and occupational diseases. The INAIL insurance premium is determined according to Article 41 of Presidential Decree No.

1124/1965, based on the risk rate corresponding to the activity carried out [37].

Another key role that politics plays in food delivery these days is healthy and sustainable food. Many governments are pushing to transform this market in the direction of being more sustainable and fairer through ad hoc laws that favour companies that use local products with low environmental impact and green transport. The food system, from production to consumption and waste, has a strong impact on the environment, health, and food safety. On 20 May 2020, the European Commission presented its 'farm-to-fork strategy to build a sustainable food system to safeguard food security and protect European citizens and nature [49]. The strategy provides a framework for a series of laws that the European Commission will propose in different fields. Proposals include revised legislation on pesticides, new animal welfare rules, plans to combat food waste and food labelling fraud, an initiative to sequester carbon in agricultural soils and a reform of the EU farm system. The strategy will complement existing EU rules and provide a comprehensive regulatory framework for the whole food chain. All proposals will be negotiated and approved by the Council and the European Parliament.

In addition, in many countries, it is also becoming compulsory to indicate the number of calories in food. For example, as part of the Healthy Menu Choices Act, food services with over 20 locations in Ontario, Canada, must now post the number of calories for food and drinks openly. A change like this could affect purchases of foods (and the importing/exporting of ingredients) for their country.

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