(a) Except as specified in subdivision (b), 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) (1) Ready-to-eat food delivered through a third-party food delivery platform shall be transported in a manner that meets all of the following requirements:
(A) The interior floor, sides, and top of the food holding area shall be clean and capable of withstanding frequent cleaning.
(B) Ready-to-eat food shall be protected from contamination in accordance with Section 113980.
(C) The food shall be maintained at holding temperature necessary to prevent spoilage.
(2) 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 shall 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.
(3) 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.
(c) (1) This section shall not apply to the transportation of prepackaged nonpotentially hazardous foods.
(2) Paragraph (2) of subdivision (b) shall not apply to food transported as part of a charitable feeding program or food being donated to a food bank, as defined in Section 113783.
(Amended by Stats. 2020, Ch. 105, Sec. 2. (AB 3336) Effective January 1, 2021.)