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AB-1360 Third-party food delivery.(2019-2020)

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Date Published: 07/11/2019 09:00 PM
AB1360:v94#DOCUMENT

Amended  IN  Senate  July 11, 2019
Amended  IN  Senate  June 27, 2019
Amended  IN  Senate  June 18, 2019
Amended  IN  Assembly  April 10, 2019
Amended  IN  Assembly  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1360


Introduced by Assembly Member Ting

February 22, 2019


An act to add Article 2.5 (commencing with Section 110496) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to food.


LEGISLATIVE COUNSEL'S DIGEST


AB 1360, as amended, Ting. Third-party food delivery.
Existing law, the Sherman Food, Drug, and Cosmetic Law, prohibits the manufacture, sale, delivery, holding, or offer for sale of adulterated foods. Existing law provides specified standards for the transportation of food, including, among others, the requirement for all food to be transported so as to be pure and free from adulteration and spoilage, and the requirement for potentially hazardous food to be maintained at the required holding temperatures. A person who violates the Sherman Food, Drug, and Cosmetic Law is guilty of a misdemeanor, except as otherwise provided, and may be subject to a civil penalty, as specified.
This bill would define a food delivery platform as a business engaged in the service of online food ordering and delivery from a grocery establishment, a retail store with a grocery department, or a grocery warehouse to a consumer, and would require a food delivery platform, at its own expense, to ensure, among other things, that its food delivery drivers have training relating to maintaining potentially hazardous foods at required temperatures. The bill would require a food delivery platform to ensure that a vehicle used by a food delivery driver to provide food delivery services is in full compliance with specified vehicle safety requirements. The bill would require a food delivery platform to maintain necessary liability insurance for all deliveries made by its food delivery drivers. minimum liability insurance, as specified, that covers liabilities arising from a food delivery driver’s use of a vehicle in connection with the food delivery platform’s online-enabled application or platform. The bill would require the State Department of Public Health to enforce these provisions, and would impose a civil penalty of no more than $25,000 against a food delivery platform that violates the requirements imposed by this bill.
Existing law requires a client employer, as defined, to share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for the payment of wages. Existing law also prohibits a client employer from shifting to the labor contractor legal duties or liabilities under workplace safety provisions with respect to workers provided by the labor contractor.
This bill would require a grocery establishment, a retail store with a grocery department, or a grocery warehouse that uses a food delivery platform to share all civil legal responsibility and civil liability for payment of wages to a food delivery driver supplied by the food delivery platform. The bill would provide that a contract or other arrangement between a food delivery platform and a food delivery driver that would require the food delivery driver to pay a penalty imposed on the food delivery platform is void as against public policy.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 2.5 (commencing with Section 110496) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read:
Article  2.5. Food Delivery Platforms

110496.
 For purposes of this section, the following definitions apply:
(a) “Food delivery driver” means a person who transports and delivers food ordered from a food delivery platform to a consumer.
(b) “Food delivery platform” means a business engaged in the service of online food ordering and delivery from a grocery establishment, a retail store with a grocery department, or a grocery warehouse to a consumer.
(c) “Grocery establishment” means a retail store that is over 15,000 square feet in size and that primarily sells food for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.
(d) “Retail store with a grocery department” means any of the following:
(1) A retail store that has an area within it that is at least 10,000 square feet and where there is primarily food for sale for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.
(2) A retail pharmacy that sells one million dollars ($1,000,000) of nontaxable merchandise per year.
(3) A general retail merchandise store that sells one million dollars ($1,000,000) of nontaxable merchandise per year.
(e) “Grocery warehouse” means a room, building, or place or portion thereof, excluding a restaurant, used to sell to a customer through a food delivery platform any of the following products:
(1) Fresh produce
(2) Meat.
(3) Poultry.
(4) Fish.
(5) Deli products.
(6) Dairy products.
(7) Canned foods.
(8) Dry foods.
(9) Beverages.
(10) Baked foods.
(11) Prepared foods.

110497.
 A food delivery platform shall do all of the following:
(a) At the food delivery platform’s sole expense, ensure that a food delivery driver has training in the requirements relating to maintaining potentially hazardous foods at the required temperatures specified in Section 113996, and in the requirements relating to food spoilage and adulteration, as specified in Section 113980. A food delivery driver may satisfy the requirements of this subdivision by obtaining a food handler card pursuant to Section 113948.
(b) Ensure that a vehicle used by a food delivery driver to provide food delivery services on behalf of the food delivery platform is legally registered in the State of California and, at the food delivery platform’s sole expense, undergoes a 19-point vehicle inspection at a facility licensed by the Bureau of Automotive Repair prior to delivering food on behalf of a food delivery platform, and every 12 months thereafter. The 19-point vehicle inspection shall cover the same items listed in Section 4.05 of General Order 157-E of the Public Utilities Commission.

(c)Maintain necessary liability insurance for all deliveries made by a food delivery driver.

(c) A food delivery platform shall maintain the following minimum liability insurance requirements that specifically covers liabilities arising from a food delivery driver’s use of a vehicle in connection with a food delivery platform’s online-enabled application or platform. The following requirements shall apply from the moment a food delivery driver accepts request on the food delivery platform’s online-enabled application or platform until the food delivery driver completes the transaction on the online-enabled application or platform:
(1) One million dollars ($1,000,000) for death, personal injury, and property damage. This insurance shall be primary.
(2) At least fifty thousand dollars ($50,000) for death and personal injury per person, one hundred thousand dollars ($100,000) for death and personal injury per incident, and thirty thousand dollars ($30,000) for property damage.

110498.
 A grocery establishment, a retail store with a grocery department, or a grocery warehouse shall share with a food delivery platform all civil legal responsibility for any compensation or wages owed to a food delivery driver supplied by the food delivery platform to whom the grocery establishment, retail food store with a grocery department, or grocery warehouse transfers food for delivery.

110499.
 (a) The State Department of Public Health shall enforce this article, and may adopt regulations or best practices to implement this article.
(b) Notwithstanding Section 111825, subdivision (b) of Section 111855, or any other law, the department shall assess a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation of Section 110497 on a food delivery platform, and those penalties may be used to reimburse the department for the cost of implementing or enforcing this article.
(c) A contract or other arrangement between a food delivery platform and a food delivery driver that, in whole or in part, requires the food delivery driver to pay the penalty required by this section, or a portion thereof, or a cost associated with an enforcement action brought pursuant to this section, including attorney fees incurred by the food delivery platform, is void as against public policy.