Today's Law As Amended

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



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) Perishable 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) A food delivery platform shall maintain liability insurance that covers liabilities arising from a food delivery driver’s use of a vehicle in connection with providing food delivery services on behalf of the food delivery platform. Liability coverage required by this section shall provide at least the following coverage limits:
(1) One million dollars ($1,000,000) per incident for death, personal injury, and property damage. This liability requirement shall commence from the moment a food delivery driver accepts a request on the food delivery platform’s online-enabled application until the food delivery driver completes the transaction on the online-enabled application.
(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 per incident. This liability requirement shall commence from the moment a food delivery driver logs on to the food delivery platform’s online-enabled application until the driver accepts a request for delivery, and from the moment the driver completes the transaction on the online-enabled application until the driver either accepts another delivery request on the online-enabled application or logs off the online-enabled application.
(c) At the food delivery platform’s sole expense, ensure compliance with Sections 110620, 110625, and 110630, prohibiting and regulating the adulteration of food.
110498.
 (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 five thousand dollars ($5,000) 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.
(d) The department may enter into interagency agreements with counties to implement this section.