California Imposes Food Safety Requirements on Delivery Apps

Ervin Cohen & Jessup LLP
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Ervin Cohen & Jessup LLP

On September 18, 2020, California Governor Gavin Newsom signed AB-3336 into law. This law sets new safety standards for third-party delivery apps, including sanitation and temperature standards. These standards are consistent with the requirements for restaurants and stores, but this is the first time that third-party delivery apps have been specifically required to follow them.

The law is codified at Section 113930.5 to the Health and Safety Code, which deals specifically with the transportation of food and which applies only to third-party food delivery platforms. 

The law requires that all bags or containers that are delivered by third-party food delivery apps be sealed by the restaurant before they are handed off to the delivery person. Additionally, food holding areas must meet sanitation standards, and food must be maintained at a temperature necessary to prevent spoilage.

The law allows enforcement officers to penalize food delivery apps for violations of the law. The law does not apply to food being donated as part of a charitable program. The law only applies to third-party delivery apps, and excludes grocery stores and restaurants, which are already subject to regulation by public health requirements.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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