Bill Text: CA AB1461 | 2017-2018 | Regular Session | Introduced

California Assembly Bill 1461 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Food facility employee: food handler cards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2018-01-12 - Stricken from file. [AB1461 Detail]

Download: California-2017-AB1461-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1461

Introduced by Assembly Member Thurmond

February 17, 2017

An act to add Chapter 11.2 (commencing with Section 114364) to Part 7 of Division 104 of the Health and Safety Code, relating to food.

LEGISLATIVE COUNSEL'S DIGEST

AB 1461, as introduced, Thurmond. Food delivery enterprises.

Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health agencies to enforce these provisions. The code requires a food handler to obtain a food handler card, as specified, and to maintain the card for the duration of his or her employment as a food handler. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.

This bill would require an employee of a food delivery enterprise who is involved in the preparation, storage, or service of food as part of his or her employment to obtain a food handler card, as specified. The bill would define food delivery enterprise to mean a business organized for profit to receive food orders from consumers, fulfill those orders, and deliver food to the consumers in their residences or another location, as may be specified by the consumer, and would specify that a food delivery enterprise does not include a food facility for purposes of the code. By imposing duties on local officials and creating a new crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Chapter 11.2 (commencing with Section 114364) is added to Part 7 of Division 104 of the Health and Safety Code, to read:

CHAPTER 11.2. Food Delivery Enterprises

114364.

(a) For purposes of this chapter, “food delivery enterprise” means a business organized for profit to receive food orders from consumers, fulfill those orders, and deliver the orders to the consumers in their residences or another location, as may be specified by the consumer. A food delivery enterprise does not include a food facility, as defined in Section 113789, for purposes of this part.

(b) An employee of a food delivery enterprise who is involved in the preparation, storage, or service of food as part of his or her employment shall obtain a food handler card in accordance with Section 113948.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.