Food Safety for Third-Party Food Delivery Platforms (AB 3336)
Effective January 1, 2021, Assembly Bill 3336 adds Section 113930.5 and amends Section 113982 of the California Retail Food Code (CRFC). The new law requires ready-to-eat food delivered through a Third-Party Food Delivery Platform (TPFDP) to be transported in a manner that protects ready-to-eat food from contamination and requires that all bags or containers in which ready-to-eat foods are being transported or delivered from food facility to a customer, to be closed by the food facility with a tamper-evident method prior to the food deliverer taking possession of the food.
Stickers used to seal a paper bag or container are the most common example of a tamper-evident method to protect food that must be ripped to open the bag.
DEHQ staff will be educating facilities on these changes. Any violations observed during inspections after July 1, 2021 will result in a deduction of points and potentially the issuance of an inspection notice. A violation of these sections will result in a minor violation (2-point deduction). If actual contamination of food is observed, this will result in a major violation (4-point deduction).
 What is a Third-Party Food Delivery Platform (TPFDP)?
A TPFDP is defined by the CRFC as a business engaged in the service of online food ordering and delivery from a food facility to a consumer.
This does not include grocery stores or other facilities 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. Additionally, the requirements do not apply to the transportation of prepackaged non-potentially hazardous foods, or food transported as part of a charitable feeding program or food being donated to a food bank.
The TPFDP delivery vehicle must be equipped to ensure that the food is transported in a manner that meets the following requirements:
- The interior floor, sides, and top of the food holding area must be constructed of a smooth, washable, impervious material capable of withstanding frequent cleaning.
- The food holding area must be constructed and operated so that no liquid wastes can drain onto any street, sidewalk, or premises.
- The food shall be maintained at proper holding temperatures during transport.
More information about AB 3336 can be found on our food publication page.
COVID-19 vaccinations are now available for individuals working in the Food & Agriculture Sector, which includes all food facility employees and food handlers (including, but not limited to restaurants, bars, markets, breweries, wineries, distilleries, mobile food facilities, and cafeteria employees). Please review the information below regarding eligibility and vaccination options available to you and your employees. For more information, please visit coronavirus-sd.com/vaccine.
For updated information about COVID‐19, including resource documents such as frequently asked questions, informational posters, and guidance, please visit www.coronavirus‐sd.com. You can also text COSD COVID19 to 468-311 to get text alert updates or follow SDCountyHHSA on Facebook or @SDCountyHHSA on Twitter.
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