Bill Text: CA AB3336 | 2019-2020 | Regular Session | Amended

California Assembly Bill 3336 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Third-party food delivery platforms: food safety.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-09-18 - Chaptered by Secretary of State - Chapter 105, Statutes of 2020. [AB3336 Detail]

Download: California-2019-AB3336-Amended.html

Amended IN Assembly May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3336

Introduced by Assembly Member Carrillo

February 21, 2020

~~An act to amend Section 108270 of the Health and Safety Code, relating to hazardous substances.~~ An act to amend Sections 113790 and 113982 of, and to add Section 113930.5 to, the Health and Safety Code, relating to food.

LEGISLATIVE COUNSEL'S DIGEST

AB 3336, as amended, Carrillo. ~~California Hazardous Substances Act: misbranded and banned hazardous substances.~~ Third-party food delivery systems: food safety.

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, except as specified. Existing law requires a food handler, defined to mean an individual who is involved in the preparation, storage, or service of food in a food facility or temporary food facility, 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 include in the definition of food handler an individual who transports or delivers ready-to-eat food from the premises of a food facility for a third-party food delivery service, as defined. The bill would require a food handler who transports or delivers ready-to-eat food through a third-party food delivery service to obtain, maintain, and display a food handler card when picking up ready-to-eat food from a food facility for purposes of transport or delivery, and to ensure ready-to-eat food is protected from contamination, as specified. The bill would authorize enforcement officers to recover reasonable costs in enforcing those requirements. The bill would also exempt from these food transportation requirements food that is being donated to a food bank. By imposing duties on local officials and creating a new crime, the bill would impose a state-mandated local program.
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.
The California Hazardous Substances Act prohibits the manufacture, production, preparation, compounding, packing, selling, offering for sale, or keeping for sale within the State of California, or the introduction into this state, of any package of a misbranded hazardous substance or banned hazardous substance. The act prohibits prosecution under the act if a person, after receipt of a hazardous substance, can establish a specified guarantee or undertaking to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance.
~~This bill would make nonsubstantive changes to the latter provision.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

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

SECTION 1.

Section 113790 of the Health and Safety Code is amended to read:

113790.

(a) “Food handler” means an individual who is involved in the preparation, storage, or service of food in a food facility, as defined in subdivision ~~(b),~~ (c), other than an individual holding a valid food safety certificate issued pursuant to Section 113947.3 or an individual involved in the preparation, storage, or service of food in a temporary food facility, as defined in Section 113930.

(b) “Food handler” includes an individual who transports or delivers ready-to-eat food, as defined in Section 113881, from the premises of a food facility for a third-party food delivery service.
~~(b)~~

(c) For purposes of the definition of a “food facility” in subdivision (a) and in Section 113948, a food facility means a food facility, as defined in Section 113789, that sells food for human consumption to the general public.

SEC. 2.

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

113930.5.
“Third-party food delivery service” means a business engaged in the service of online food ordering and delivery from a food facility to a consumer.

SEC. 3.

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

113982.

(a) 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) A food handler who delivers ready-to-eat food for a third-party food delivery system shall comply with all of the following:
(1) Obtain, maintain, and display a valid food handler card, as specified in Section 113948, when picking up ready-to-eat food from a food facility.
(2) Ensure ready-to-eat food is protected from contamination in accordance with Section 113980.
(3) Maintain potentially hazardous food at the required holding temperatures in accordance with Section 113996.
(c) All bags or containers in which ready-to-eat foods are being transported or delivered from a food facility to a customer shall be closed with a tamper-evident method prior to the food handler taking possession of the ready-to-eat food.
(d) Enforcement officers may recover from a third-party food delivery service reasonable costs that are associated with the enforcement of this section against food handlers who transport and delivery ready-to-eat food for the third-party food delivery service.
~~(b)~~

(e) This section shall not apply to the transportation of prepackaged nonpotentially hazardous ~~foods.~~ foods, or food being donated to a food bank, as defined in Section 113783.

SEC. 4.
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.

SECTION 1.Section 108270 of the Health and Safety Code is amended to read:
108270.
A person shall not be prosecuted under this chapter if, after receipt of a hazardous substance, they can establish a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom the person received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance.