By Adv. Rami Qwaider, Legal Consultant at ARDD
In a recent press statement, the Jordan Food and Drug Administration (JFDA) reaffirmed the requirement for food delivery workers to obtain health certificates proving that they are free from communicable diseases. The JFDA also announced that it is conducting inspection campaigns in coordination with the Telecommunications Regulatory Commission (TRC) to monitor compliance and has requested that the requirement be communicated to all entities operating in the food delivery sector.
This announcement does not introduce a new obligation; rather, it reinforces and activates an existing legal requirement. Jordanian food safety legislation mandates that anyone who directly handles food—whether through preparation, transportation, or delivery—must hold a valid health certificate. Food delivery drivers are legally classified within this category because they perform the final stage of the food handling chain before the food reaches the consumer.
Legal Basis of the Requirement
This obligation is based on a combination of the Food Law No. 30 of 2015 and the Public Health Law No. 47 of 2008 and their implementing regulations.
- The Definition of “Food Handling” Includes Transportation and Delivery
Article 2 of the Food Law defines food handling as the stages of producing, manufacturing, preparing, processing, packaging, wrapping, preparing for distribution, transporting, possessing, storing, distributing, displaying for sale, or selling food.
Based on this definition, food delivery drivers fall within the legal category of “food handlers” because they specifically undertake the transportation and delivery of food. Consequently, the health requirements applicable to food handlers also apply to them.
- Authority to Inspect Workers
Article 4 of the Food Law grants the JFDA the authority to inspect any premises where food is handled, as well as the workers operating therein. This provision constitutes the direct legal basis for the inspection campaigns carried out by the JFDA to ensure that delivery workers comply with the health certificate requirement.
- Requirement to Exclude Infected Workers
Article 17(a) of the Food Law obliges every food establishment to designate a responsible person whose duties include excluding any employee suffering from an illness or injury that may affect food safety.
This provision provides one of the strongest legal justifications for requiring a health certificate, as it serves as a preventive mechanism to verify that workers are free from diseases before they are assigned food delivery duties.
- Reference to the Public Health Law
Article 33(b) of the Food Law stipulates that regulations issued under the Public Health Law concerning food shall remain in force until they are repealed or replaced.
Accordingly, the practical details governing the issuance of health certificates—including required medical examinations, validity periods, and renewal procedures—are not regulated in detail by the Food Law itself. Rather, they are governed by regulations and instructions issued pursuant to the Public Health Law No. 47 of 2008, particularly those relating to communicable diseases and their prevention and control.
Legal Conclusion
The Food Law No. 30 of 2015 establishes the general legal framework by classifying delivery workers as food handlers and granting the JFDA authority to inspect and enforce compliance.
Meanwhile, the Public Health Law No. 47 of 2008 and its implementing regulations provide the legal basis for the health certificate mechanism itself and its procedural details.
Consequently, requiring food delivery companies and digital platforms to verify that their drivers possess valid health certificates is not merely an administrative recommendation but a regulatory obligation that may give rise to legal accountability.
Who Is Covered by the Requirement?
The obligation applies to all individuals directly involved in transporting and delivering food to consumers, whether they work for restaurants, food outlets, production kitchens, or through digital delivery platforms and applications, regardless of the nature of their contractual relationship—whether as permanent employees or independent contractors.
Requirements for Obtaining a Health Certificate
To obtain a health certificate, an applicant must:
- Submit an application to the health center or health directorate responsible for their place of residence or employment using the prescribed form.
- Present proof of identity.
- Undergo medical examinations to ensure the absence of communicable, skin, respiratory, or other diseases that could be transmitted through handling food.
These examinations generally include laboratory tests to verify that the applicant is free from communicable diseases and parasites.
Once all test results are negative, the competent health authority issues an officially approved and stamped health certificate.
In Greater Amman Municipality, the Health and Occupational Control Department issues this certificate under the title “Disease-Free Certificate.” Applications are now submitted entirely online through the municipality’s electronic portal after completing the required information and uploading the necessary documents, including a personal photograph, previous medical examination results (if available), and a work permit for non-Jordanians.
The application is then referred to the relevant Ministry of Health center to conduct the required examinations if they have not been completed beforehand. Fees are paid electronically before the certificate is issued, and the application is automatically cancelled if the procedures are not completed within two weeks from the date of submission.
Once the test results are issued, the applicant receives a text message and may then obtain the certificate according to the applicable procedures.
In other municipalities, procedures vary depending on the municipality and the services available. Many municipalities provide the service electronically through their official portals, while in other cases applicants may need to visit the nearest Ministry of Health directorate to complete the examinations and pay the fees.
Validity and Renewal
The health certificate is not permanent and is issued for a specified period, which varies depending on the nature of the activity and the professional category. Workers must renew their certificates before expiration to continue working legally.
Responsibility for ensuring the certificate’s validity rests with both the worker and the company or platform through which they operate. Continuing to employ a worker with an expired certificate may expose both parties to legal liability.
Liability and Violations
The JFDA conducts field inspection campaigns in coordination with other competent authorities to ensure compliance with this requirement.
Failure to possess a valid health certificate, or working with an expired certificate, constitutes a violation that may result in legal measures, including warnings, fines, or suspension from carrying out delivery activities, depending on the nature and recurrence of the violation.
Moreover, the coordination between the JFDA and the Telecommunications Regulatory Commission may also lead to accountability for delivery platforms that fail to require their drivers to comply with this obligation, making compliance a shared responsibility between the worker and the platform.
Raising Awareness and Supporting Compliance
As part of its role in promoting legal awareness and advancing knowledge of rights and responsibilities, the Arab Renaissance for Democracy and Development (ARDD) seeks to clarify the legal and procedural aspects of health clearance certificates, an issue that directly affects a significant number of Jordanian workers in the food delivery sector as well as employers.
This clarification underscores that compliance with the health certificate requirement is neither burdensome nor unnecessarily complex; rather, it is a simple preventive measure aimed at protecting public health and ensuring food safety. Adherence to these requirements also helps delivery workers, restaurants, companies, and digital platforms avoid potential fines and legal consequences arising from non-compliance with applicable legislation.
Conclusion
The health certificate requirement for food delivery workers is not merely a procedural formality; it is an essential legal safeguard aimed at ensuring food safety and protecting consumers.
Accordingly, all workers in this sector, as well as the companies and platforms that employ them, should ensure compliance with this requirement and renew the certificate regularly in order to avoid legal liability and contribute to strengthening Jordan’s food safety system.
Note: Fees, validity periods, and certain procedural details may vary among health directorates and accredited centers. Therefore, it is advisable to consult the competent health authority or the Jordan Food and Drug Administration for the most up-to-date official information.
