November 30, 2020

Volume X, Number 335

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California Governor Signs Law that Establishes New Safety Standards for Third-Party Food Delivery Applications

On September 18, 2020, California Governor Gavin Newsom signed Assembly Bill 3336 (“AB-3336”) into law.  AB-3336 (codified at Section 113930.5 to the Health and Safety Code) sets new safety standards for third-party delivery applications, including sanitation and temperature standards.

The standards set in AB-3336 are consistent with the requirements for restaurants and stores, but this is the first time that third-party delivery applications have expressly and independently been required to follow them as well.  AB-3336 defines a “third-party food delivery platform” as a “business engaged in the service of online food ordering and delivery from a food facility to a consumer.”

AB-3336 requires ready-to-eat food delivered through a third-party food delivery platform to be transported in a manner in which the ready-to-eat food is protected from contamination.  The law would require 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, to be closed by the food facility with a tamper-evident method prior to the food deliverer taking possession of the food.  Additionally, food holding areas must meet sanitation standards, and food must be maintained at a temperature necessary to prevent spoilage.

AB-3336 provides that enforcement officers may recover, from a third-party food delivery platform, reasonable costs that are associated with enforcement against food deliverers who transport and deliver ready-to-eat food for the platform.  The law also allows enforcement officers to penalize food delivery applications for violations of the law.  Additionally, a person who violates any provision of the code may be subject to criminal prosecution for a misdemeanor offense.

© 2020 Keller and Heckman LLPNational Law Review, Volume X, Number 300
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Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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