Today's Law As Amended

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AB-1360 Food retail establishments: third-party food delivery.(2019-2020)


 Chapter 11.2 (commencing with Section 114364) is added to Part 7 of Division 104 of the Health and Safety Code, to read:

CHAPTER  11.2. Food Retail Establishment Deliveries
 (a) For purposes of this section, the following definitions apply:
(1) “Food delivery driver” means a person who transports and delivers food ordered from a food delivery platform to a consumer.
(2) “Food delivery platform” means a business engaged in the service of online food ordering and delivery from food retail establishments to a consumer.
(3) “Food processing establishment” means any room, building, or place or portion thereof, maintained, used, or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, canning, packing, slaughtering, or otherwise preparing or handling food, except restaurants. “Food processing establishment” does not include a cottage food operation that is registered or has a permit pursuant to Section 114365 or a microenterprise home kitchen, as defined in Section 113825.
(4) “Food retail establishment” means a grocery establishment, retail store with a grocery department, or food processing establishment, that is engaged in the sale of food directly to consumers through onsite sale with onsite pickup by the consumer, or delivery directly to the consumer or through online sale for onsite pickup by the consumer or delivery directly to the consumer.
(5) “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.
(6) “Retail stores with a grocery department” means any of the following:
(A) 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.
(B) A retail pharmacy that sells one million dollars ($1,000,000) of nontaxable merchandise per year.
(C) A general retail merchandise store that sells one million dollars ($1,000,000) of nontaxable merchandise per year.
(b) A food delivery driver shall obtain a food handler card in accordance with Section 113948.
(c) A food delivery platform shall ensure that the vehicles used by a food delivery driver to provide food delivery services are in full compliance with the requirements of Division 3 (commencing with Section 4000) and Division 12 (commencing with Section 24000) of the Vehicle Code.
(d) A food delivery platform and food delivery driver shall ensure that food is transported during delivery in a manner that meets the requirements of Sections 113980, 113982, 113996, 114018, 114037, and 114053.
(e) During the process of delivery, a food delivery driver shall not make any stops, except when necessary for rest, fuel, or vehicle repair. For purposes of this subdivision, process of delivery begins when the food leaves the premises of a food retail establishment with the food delivery driver and ends when the food is delivered to the consumer.
(f) A food retail establishment shall not sell or otherwise transfer any food for delivery to a consumer through the use of a food delivery platform unless it meets all of the following requirements:
(1) Either of the following regarding liability:
(A) Maintains liability insurance for all deliveries made by a food delivery platform through a food delivery driver.
(B) Ensures that the food delivery platform assumes liability, has necessary liability insurance to protect against any liability to a consumer, and is in compliance with the requirements specified in this section.
(2) Meets all of the requirements for a client employer, as described in Section 2810.3 of the Labor Code, including any regulations adopted by the Labor Commissioner, the Division of Occupational Safety and Health, or the Employment Development Department pursuant to that section.
(3) Ensures that all employees or contractors who deliver alcohol comply with the requirements of subdivision (g).
(g) Notwithstanding any other law, no alcoholic beverage shall leave the premises of a food retail establishment for delivery to a consumer, except pursuant to an order previously received by the food retail establishment. The alcoholic beverages shall be accompanied by a delivery order that shall state the quantity, brand, proof, and price of the alcoholic beverages, the name and address of the consumer purchaser, and shall have printed or stamped thereon the name and address of the off-sale licensee. A copy of the order shall be kept on file by the food retail establishment for a period of two years after the date of delivery. Proof of identity and age for all alcohol transactions must be verified at the time of sale, and again by the driver upon delivery, to ensure no sales to minors.
(h) The department shall adopt regulations to implement this section.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.