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Food Safety Responsibilities:

All parties engaging in Third-Party Delivery Service should understand the relevant food safety risks and define roles for such parties to help minimize those risks. The parties to the business agreement should clearly identify the responsible party during each stage of the flow of food, from preparation, staging, and delivery.

Preventing Contamination:

Food contamination refers to the presence of biological, chemical, and/or physical contaminants in food which can cause foodborne illness or injury. Biological contamination can occur through improper food storage and lack of temperature control during preparation, packaging, and delivering of food. Chemical contamination can occur when non-food products, such as household cleaners, personal hygiene items, etc., are packaged with food products in the same delivery bag during packaging. Physical contamination can occur if food products are not packaged appropriately or protected from the external environment.

Preventing contamination is a key aspect of food safety. Food establishments and food shoppers should minimize contamination risks by determining which items will be segregated and how items should be packaged. An added challenge in third-party delivery from food
establishments is that various food and non-perishable food products may be delivered together. Best practice is to (a) separate ready-to-eat foods from raw proteins; (b) separate chemicals and non-food products from food products; and (c) separate glass and other fragile food products to reduce breakage risks. Separation options may include separate bags or the use of another barrier.

The food establishment should have processes to determine whether food deliverers may prepare beverages, collect accompanying utensils, napkins, straws, or condiments, or package foods.

Time/Temperature Control:

Temperature control should be considered when delivering food to the consumer through the use of a food deliverer. However, time as a public health control is also acceptable for limiting pathogenic bacterial growth. A wide variety of transportation vehicles are used to provide
delivery services. A refrigerated or freezer vehicle may be ideal in maintaining temperature control. If the transport vehicle does not have a mechanism to control the ambient temperature of the vehicle, food deliverers should address all relevant food safety concerns and hazards
when transporting the food. Food deliverer procedures may include the use of insulated delivery bags, containers, or coolers, or use of coolants to keep foods hot or cold.

Food ordering platforms should issue guidelines to food deliverers to deliver orders safely and in accordance with relevant safety standards, and to follow any food establishment delivery guidelines that are meant to promote food safety and compliance with applicable regulations.

The food ordering platform, food deliverer, and food establishments should work together to develop appropriate procedures to prevent pathogen growth during handling, transport, and delivery. Whereas time may be an appropriate control measure during short delivery periods, additional control measures should be considered for longer delivery periods or when food is not handed directly to the consumer to ensure perishable items remain at proper temperatures.

Temperature Monitoring for Staging Foods at Food Establishments:

Foods held in a staging area should be maintained by food establishments at proper product temperatures prior to pick-up and delivery by a food deliverer. A temperature monitoring process for staging foods at food establishments may be needed to ensure food is maintained at
the proper temperature until ready for pick-up and delivery to the consumer.

Packaging:

Packaging protects and separates products from contamination, the external environment, and physical damage. Packaging design and using multiple layers of packaging, including primary, secondary, and tertiary, minimizes the risks associated with contaminants and food safety
hazards. Primary and secondary packaging, such as foil wraps, direct food contact containers, and plastic bags, directly protect the food. Tertiary packaging or outer packaging, such as delivery bags or coolers, provide protection from the external environment including extreme
temperatures, direct sunlight, weather (e.g. rain, snow), road debris, and animals and pests.

The primary and secondary packaging should not be re-used by food establishments. The tertiary or outer packaging should be constructed of durable and easily cleanable materials for re-use to transport food during deliveries.

Food establishments and food deliverers should determine correct storage (e.g. upright) and amount of food to be packaged during transportation to avoid crushing of food or damage to primary food containers that could potentially contaminate other food or lead to unclean delivery bags.

Food Tampering:

Prevention of food tampering activities occurs through packaging design and tamper-evident devices. Food establishments may utilize primary packaging that cannot be resealed, such as tear strips, and secondary packaging, such as bags or boxes, with tamper-evident tape, stickers, or seals to deter food tampering activities during food delivery and maintain food safety and integrity.

Food deliverers should not remove food products from the secondary or tertiary packaging until delivered to the consumer. Food deliverers and food shoppers should not open, alter, tamper with, or change the primary or secondary packaging.

Delivery Bag Usage, Maintenance, and Cleanliness:

Food deliverers may use insulated delivery bags that help minimize food temperature fluctuations and/or help maintain food temperatures during delivery to the consumer. In addition to insulated delivery bags, food deliverers can add other refrigerants or coolants, such as ice and/or gel packs, which may help reduce the rise in product temperatures during extended delivery times.

Delivery durations, ambient temperatures and conditions, and intended food temperatures at delivery may assist food deliverers with identifying the need to use insulated delivery bags. Delivery bags can be designed and manufactured to support a variety of business needs. The materials, construction, and design of the delivery bag can be customized to maintain food hot or cold and can be designed with pouches to separate cold food from hot food.

Food ordering platforms or food establishments may set guidelines for food deliverer delivery bags, especially for extended delivery times, which may help maintain the food at safe temperatures during delivery to the consumer. Guidelines may include the appropriate choice
of delivery bag or other packaging, as well as who will provide the bag or packaging, how to obtain new or replacement materials (e.g. methods, costs, etc.), and whether these materials are mandatory or whether food deliverers can choose to use alternative options.

Delivery bag durability and lifespan will vary depending on construction, materials, usage, and maintenance; however, delivery bags should be easily cleanable, kept clean, and maintained in good repair. Delivery bags should be cleaned daily, or more frequently if needed. Food
deliverers should check the delivery bag condition for rips, tears, holes, and food debris that could lead to contamination and entry points for pests, etc. Recommended best practice is to check delivery bag condition after each consumer drop-off and prior to the next food delivery
and to remove food debris and clean up spills or leaks. The food deliverer should be responsible in ensuring delivery bag condition and maintenance.

Some third-party delivery service entities offer personal shopping services in addition to delivery services. Food shoppers might also utilize bags during selection and packing of products and should ensure bags are clean and in good repair.

Vehicle Cleanliness and Inspections:

A variety of vehicles or transportation methods (e.g. walkers, cars, motorcycles, bicycles, autonomous vehicles, or drones) may be used to transport food depending upon the delivery location and accessibility. Vehicles should be clean and free from odors, pests, animals, and
any other materials that could adversely impact food safety. Food deliverers should inspect vehicles frequently to ensure that vehicle interiors are clean and free from debris. Food ordering platforms should provide food deliverers with information on maintaining their vehicles in safe conditions, such as vehicle cleanliness and maintenance.

Food Safety Education and Training:

Food ordering platforms should make available or provide relevant food safety education or training to food deliverers and food shoppers. Food safety education or training may be offered internally or externally through an outside education or training program.

Food deliverers and food shoppers should have appropriate knowledge of basic food safety principles through the completion of a food safety education or training program. Food safety education and training programs for food deliverers and food shoppers may cover topics including: (a) contamination prevention; (b) product segregation; (c) temperature management; (d) health, hygiene, and hand washing; (e) product tampering prevention; (f) allergens; (g) vehicle transportation cleanliness; and (h) proper selection and use of clean, insulated delivery bags.

Food shopper’s education or training may also cover additional topics including: (a) proper order of product selection, such as picking shelf-stable items first, frozen items second, cold refrigerated items third, and hot, prepared items last; (b) proper selection of products with the
farthest use-by-date code and intact packaging; and (c) final product handling and packaging.

Additional knowledge areas may include, but should not be limited to: (a) when to pick/pull perishable and non-perishable food products; (b) preparation time needed for food products to be assembled; (c) staging food products utilizing dry storage shelves, refrigerators/coolers,
and/or freezers; (d) instructions on foods for delivery (e.g. perishable vs non-perishable); and (e) modes of transportation to be used for delivery (e.g. personal vehicle, bicycle, motorcycle, commercial vehicle, etc.).

Education and Training Topics:

Prevention of contamination, temperature control, and personal health and hygiene should be areas of focus for food safety education and training to prevent foodborne illness and minimize food safety risks.

Contamination

Food deliverers and food shoppers should be aware of any sources of potential contamination. Food contamination could occur from various sources, including but not limited to: (a) food deliverer or food shopper themselves; (b) bags, coolers, or other methods used to transport the
food; (c) external environment; (d) animals and pests; and (e) mode of transportation.

Temperature Control

Food deliverers and food shoppers should know the correct hot and cold holding temperatures for food and understand the food safety implications of holding time temperature controlled food for safety (e.g. TCS foods) in the temperature danger zone for an extended period of time. Food deliverers and food shoppers should also have knowledge of the necessary equipment, such as insulated bags, coolers, and/or coolants that may be needed to safely hold food at proper product temperatures or help with temperature control. Familiarity with  temperature measuring devices is also recommended when relevant.

Personal Health

Food deliverers and food shoppers should not work while ill. Viruses, bacteria, and parasites can all be potentially transmitted from an ill individual to food and/or the recipient of the food via direct contact and packaging. Food deliverers and food shoppers should not work with food if any of the following symptoms are present, including: (a) vomiting; (b) diarrhea; (c) jaundice (yellowing of the eyes and skin); (d) sore throat and fever; (e) infected skin lesion; or (f) have been diagnosed with Norovirus, Hepatitis A, Shigella spp., Shiga Toxin-Producing Escherichia coli, Typhoid fever (caused by Salmonella Typhi), or Salmonella (nontyphoidal). Food deliverers and food shoppers who have been exposed to a foodborne pathogen from a household member with symptoms or diagnosis above should also not handle food.

Personal Hygiene

Food deliverers and food shoppers should understand the importance of good personal hygiene, including wearing clean attire. Food deliverers and food shoppers should: (a) practice good personal hygiene; (b) know when hand washing is needed and how to effectively wash hands; (c) know how to avoid bare hand contact with ready-to-eat foods; and (d) know how to use provided utensils to handle food when necessary.

Food ordering platforms should have standards to address food deliverers and food shopper’s behaviors that may pose food safety risks, such as eating, drinking, chewing gum, or utilizing tobacco and similar products during food selection and deliveries.

Management of Non-Compliance:

Food ordering platforms should have processes developed to address consumer feedback and issues of non-compliance as further described herein. Agreements between the parties and food ordering platforms can be used to outline the expectations of each party. Issues of non-compliance may include potential food safety concerns (e.g. reported incorrect food temperatures, allergens, foodborne illness, product adulteration, etc.), food quality concerns (e.g. broken, damaged, spoiled, etc.), wrong products (e.g. reported allergens), and delivery
concerns (e.g. reports that deliveries were not delivered within specified timeframe). While product quality is outside the scope of this document, some consumers may perceive product quality issues as relating to food safety.

Food ordering platforms should determine (a) how issues of non-compliance and consumer feedback will be handled; (b) what guidance is provided to the consumer regarding any food products in question; (c) who receives the notification and/or feedback; and (d) who reviews
reports and provides resolution.

Food ordering platforms may issue guidance to food deliverers for handling various logistical situations, including appropriate next steps, such as whether the food product can still be delivered, returned, or discarded. Some examples of situations that should be considered
include (a) the food deliverer arrives to drop off the food order at the correct delivery time and location, but the consumer is not present for the delivery drop-off; (b) food products show evidence of tampering or alteration by someone other than the deliverer (e.g. loss of package
integrity or seal); or (c) food products are damaged, spilled/leaked, or otherwise contaminated (e.g. hair, dirt, debris).

Processes should also include a mechanism for the consumer to contact the food ordering platform and provide feedback on the food order(s) or delivery service. The food ordering platform should monitor consumer reports and non-compliance issues as needed to determine
whether their process is effective or if they should consider revisiting their process.

Other Food Safety Considerations:

Food Allergens:

Food establishments typically do not make claims or guarantees that their kitchen or prep areas are allergen-free environments or that cross-contact with allergens will not occur as food establishments may prepare products that contain allergens on similar surfaces and equipment.
The food establishment may consider providing allergen awareness information through the food ordering platform. Food ordering platforms may include features to suggest substitutions when an ordered product is no longer available. When such features exist, consumers should be
reminded about the allergen potential risk created by substitution options.

Traceability and recalls:

In the case of a foodborne outbreak or recall, food ordering platforms should have processes that allow public health officials to request relevant traceback and trace forward information that would aid in their investigation. This information should be shared in accordance with
relevant privacy laws.

Technology and Innovation:

Incorporating and leveraging technology may be advantageous to provide notifications to consumers if deliveries have encountered unexpected or excessive delivery delays.

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