Today's Law As Amended


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AB-3336 Third-party food delivery platforms: food safety.(2019-2020)



As Amends the Law Today
As Amends the Law on Nov 18, 2020


SECTION 1.

 Section 113930.5 is added to the Health and Safety Code, to read:

113930.5.
 “Third-party food delivery platform” means a business engaged in the service of online food ordering and delivery from a food facility to a consumer. For purposes of this section, a food facility does not include a grocery store, as defined in Section 113948, or a room, building, or place or portion thereof, excluding a restaurant, used to sell to a customer primarily the following products: fresh produce, meat, poultry, fish, deli products, dairy products, perishable beverages, baked foods, and prepared foods.

SEC. 2.

 Section 113982 of the Health and Safety Code is amended to read:

113982.
 (a) Except as specified in subdivision (b), food shall be transported in a manner that meets the following requirements:
(1) The interior floor, sides, and top of the food holding area shall be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning.
(2) The food holding area shall be constructed and operated so that no liquid wastes can drain onto any street, sidewalk, or premises.
(3) Except as provided in subdivision (a) of Section 113996, potentially hazardous food shall be maintained at the required holding temperatures.
(b) (1) Ready-to-eat food delivered through a third-party food delivery platform shall be transported in a manner that meets all of the following requirements:
(A) The interior floor, sides, and top of the food holding area shall be clean and capable of withstanding frequent cleaning.
(B) Ready-to-eat food shall be protected from contamination in accordance with Section 113980.
(C) The food shall be maintained at holding temperature necessary to prevent spoilage.
(2) All bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer through a third-party food delivery platform shall be closed by the food facility with a tamper-evident method prior to the food deliverer, who transports and delivers ready-to-eat food for the third-party food delivery platform, taking possession of the ready-to-eat food.
(3) Enforcement officers may recover from a third-party food delivery platform reasonable costs that are associated with the enforcement of this section against food deliverers who transport and deliver ready-to-eat food for the third-party food delivery platform.
(c) (1) This section shall not apply to the transportation of prepackaged nonpotentially hazardous foods.
(2) Paragraph (2) of subdivision (b) shall not apply to food transported as part of a charitable feeding program or food being donated to a food bank, as defined in Section 113783.
SEC. 3.
 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.