MinukuNot legal advice. This is general information. Local (city or county) health departments can have stricter rules than the state. Check with your local health department.
What California's food code requires
The restaurant's person in charge must keep people its operation doesn't need out of its food prep, storage and dishwashing areas.
PERSONS unnecessary to the FOOD ESTABLISHMENT operation are not allowed in the FOOD preparation, FOOD storage, or WAREWASHING areas, except that brief visits and tours may be authorized by the PERSON IN CHARGE if steps are taken to ensure that exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES are protected from contaminationFDA Food Code 2-103.11(B)
- What it means
- California's code puts this duty on the restaurant's person in charge, not on the driver. AB 3336 (effective January 1, 2021) added §113930.5, which defines "THIRD-PARTY FOOD DELIVERY PLATFORM." Per county guidance, bags must be "closed by the food facility with a tamper-evident method (stickers or tape) prior to the food deliverer taking possession of the food." Facilities must "have a contract in place for each TPFDP service," and transport rules apply "except if transported within 30 minutes". Both county documents say they do not address whether drivers may handle unpackaged food or beverages, enter prep areas, or need cards.
- Food code
- CalCode, HSC §113700 et seq. (state-written; FDA classifies as 2005-based) (CalCode eff. Jan. 1, 2026 (Orange County HCA copy))
- Sources
- Last verified
- October 26, 2026
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Also: Why it matters to the customer · Isn't the lobby fountain self-serve? · What to do if a restaurant asks you to make the drink · What DoorDash's own terms say · What the restaurant promised DoorDash · Who's liable if something goes wrong?
Not legal advice. This is general information. Local (city or county) health departments can have stricter rules than the state. Check with your local health department. Last verified October 26, 2026.
Put together by a Dasher who builds Minuku, an offer checker for DoorDash on Android. Get it on Google Play