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

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Date Published: 04/10/2019 09:00 PM
AB1360:v97#DOCUMENT

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 Chapter 11.2 (commencing with Section 114364) to Part 7 of Division 104 of the Health and Safety Code, relating to food.


LEGISLATIVE COUNSEL'S DIGEST


AB 1360, as amended, Ting. Food retail establishments: third-party food delivery.
(1) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health agencies to enforce these provisions. 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. Existing law requires a food handler to obtain a food handler card, as specified, and to maintain the card for the duration of their employment as a food handler. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.
This bill would define a food delivery platform as a business engaged in the service of online food ordering and delivery from food retail establishments to a consumer, and would require a food delivery platform and food delivery driver to ensure that food is transported during delivery in a manner that meets specified food safety requirements. The bill would require a food delivery platform to ensure that vehicles used by a food delivery driver to provide food delivery services are in full compliance with specified vehicle safety requirements. The bill would require a food delivery driver to obtain a food handler card, and would prohibit a food delivery driver from making any stops, except when necessary for rest, fuel, or vehicle repair, during the process of delivery, as defined. The bill would prohibit a food retail establishment from selling or otherwise transferring any food for delivery to a consumer through the use of a food delivery platform unless it maintains liability insurance for all deliveries made by a food delivery platform through a food delivery driver or 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 described above. Because a violation of these provisions would be a misdemeanor, the bill would create a new crime. By creating a new crime and increasing the duties of local officials, this bill would impose a state-mandated local program.
(2) 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 and the failure to obtain valid workers’ compensation coverage. 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 apply these provisions to a food retail establishment, as defined, that engages in delivering of food or alcohol.
(3) Existing law, the Alcoholic Beverage Control Act, generally regulates the sale and distribution of alcohol. The act prohibits delivery of an alcoholic beverage to an on-sale or off-sale alcoholic beverage licensee on Sunday or except between the hours of 3 a.m. and 8 p.m. of any other day.
This bill would prohibit delivery of alcohol from a food retail establishment except upon an order of sale previously received by the establishment. The bill would require verification of the customer’s identity and age at the time of purchase and at the time of delivery.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 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

114364.
 (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 all 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 Chapter 4 (commencing with 113980). 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.