California Enacts New Food Delivery App Measures

Governor Newsom recently signed two measures into law that deal with food delivery applications and food safety. The two measures are AB 2149 and AB 3336. The following is an explanation of these bills’ provisions.

AB 2149 – Food Delivery Platforms

AB 2149 by Assemblywoman Lorena Gonzalez (D-San Diego) was signed into law on September 24 as Chapter 125. It adds Chapter 22.4 (commencing with Section 22598) to Division 8 of the Business and Professions Code.

Section 1 of the bill provides that the measure is known as the Fair Food Delivery Act of 2020.

Section 2 of the bill adds Chapter 22.4 (commencing with Section 22598) to Division 8 of the Business and Professions Code. Chapter 22.4 is title “Food Delivery Platforms.” It adds two new code sections.

First, Section 22598 provides two definitions: “Food delivery platform,” which means an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility, and to arrange for the delivery of the order from the food facility to the consumer. “Food facility,” which means a food facility, as defined in Section 113789 of the Health and Safety Code.

Second, Section 22599 provides that a food delivery platform is prohibited from arranging for the delivery of an order from a food facility without first obtaining an agreement with the food facility expressly authorizing the food delivery platform to take orders and deliver meals prepared by the food facility.

AB 3336 – Third-party Food Delivery Platforms and Food Safety

AB 3336 by Assemblywoman Wendy Carrillo (D-Los Angeles) was signed into law on September 18 as Chapter 105. It amends Section 113982 and adds Section 113930.5 to the Health and Safety Code.

Section 1 of the bill adds Section 113930.5 to the Health and Safety Code. This new code section provides a definition of “third-party food delivery platform.” It means a business engaged in the service of online food ordering and delivery from a food facility to a consumer. The section also specifies that a food facility does not include a grocery store, or a room, building, or place or portion, excluding a restaurant, that is 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.

Section 2 of the bill amends Section 113982 of the Health and Safety Code. The bill adds a new subdivision (b) which, first, provides that ready-to-eat food delivered through a third-party food delivery platform cannot be transported in a manner that meets all of the following requirements:

• The interior floor, sides, and top of the food holding area must be clean and capable of withstanding frequent cleaning.
• Ready-to-eat food must be protected from contamination.
• The food must be maintained at holding temperature necessary to prevent spoilage.

Second, 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 must 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.

Third, 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.

Fourth, the requirements do not apply to food transported as part of a charitable feeding program or food being donated to a food bank.