Bill Text: CA SB476 | 2023-2024 | Regular Session | Enrolled

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

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Bill Title: Food safety: food handlers.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State. Chapter 610, Statutes of 2023. [SB476 Detail]

Download: California-2023-SB476-Enrolled.html

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Enrolled  September 15, 2023

Passed  IN  Senate  September 13, 2023

Passed  IN  Assembly  September 12, 2023

Amended  IN  Assembly  September 07, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 476

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Introduced by Senator Limón
(Principal coauthors: Assembly Members Friedman and Santiago)
(Coauthors: Assembly Members Bauer-Kahan, Bryan, Lee, and Wood)

February 14, 2023

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An act to amend Section 113948 of the Health and Safety Code, relating to food safety.

LEGISLATIVE COUNSEL'S DIGEST

SB 476, Limón. Food safety: food handlers.

Existing law, the California Retail Food Code, provides for the regulation of health and sanitation standards for retail food facilities by the State Department of Public Health. Existing law, with specified exceptions, requires a food handler to obtain a food handler card within 30 days of their date of hire and to maintain a valid food handler card for the duration of their employment as a food handler. Under existing law, a food handler card is issued only upon successful completion of a food handler training course and examination that meets certain requirements. Existing law requires that at least one food handler training course and examination cost no more than $15, including a food handler card. A violation of the California Retail Food Code is generally a misdemeanor.

This bill would require an employer to consider the time that it takes for the employee to complete the training and the examination as compensable “hours worked,” for which the employer would pay, and to pay the employee for any necessary expenditures or losses associated with the employee obtaining a food handler card. The bill would require the employer to relieve an employee of all other work duties while the employee is taking the training course and examination. The bill would prohibit an employer from conditioning employment on the applicant or employee having an existing food handler card.

Under existing law, the provisions relating to a food handler card do not apply to a food handler subject to an existing local food handler program that took effect before January 1, 2009.

This bill would make the new provisions described above also applicable to a food handler who is subject to one of those existing programs.

The bill would require the department, by January 1, 2025, to post on its internet website a link to the internet website of certain accredited food handler training programs. The bill would require a local public health department to provide a link to that web page on its own internet website.

By increasing the scope of a crime and creating new duties for local public health departments, 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.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 113948 of the Health and Safety Code is amended to read:

113948.

 (a) (1) Subject to the exceptions described in subdivision (e), a food handler who is hired prior to June 1, 2011, shall obtain a food handler card on or before July 1, 2011. Subject to the exceptions described in subdivision (e), a food handler who is hired on or after June 1, 2011, shall obtain a food handler card within 30 days after the date of hire. Each food handler shall maintain a valid food handler card for the duration of the food handler’s employment as a food handler.

(2) Food handler cards shall be valid for three years from the date of issuance, regardless of whether the food handler changes employers during that period.

(3) A food handler card shall be recognized throughout the state, except in jurisdictions described in subdivision (f).

(b) (1) Prior to January 1, 2012, a food handler may obtain a food handler card from either one of the following:

(A) An American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs.

(B) A food protection manager certification organization described in Section 113947.3.

(2) Commencing January 1, 2012, a food handler shall obtain a food handler card only from an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs.

(3) A food handler card shall be issued only upon successful completion of a food handler training course and examination that meets at least all of the following requirements:

(A) (i) The course provides basic, introductory instruction on the elements of knowledge described in subdivisions (a), (b), (c), (d), (e), and (g) of Section 113947.2.

(ii) On or before January 1, 2021, the course shall include instruction on both of the following:

(I) The elements of knowledge described in paragraph (1) of subdivision (b) of Section 113947 that are consistent with recommendations from a nationally organized allergy organization.

(II) Safe handling food practices for major food allergens, as defined in Section 113820.5, as they relate to food preparation activities that occur at a food facility, including, but not limited to, training on the avoidance of allergen cross-contamination.

(B) The course and examination is designed to be completed within approximately two and one-half hours.

(C) The examination consists of at least 40 questions regarding the required subject matter.

(D) A minimum score of 70 percent on the examination is required to successfully complete the examination.

(c) The food handler training course and examination may be offered through a trainer-led class and examination, through the use of a computer program or the internet, or through a combination of a trainer-led class and the use of a computer program or the internet. The use of a computer program or the internet shall have sufficient security channels and procedures to guard against fraudulent activity. However, this subdivision shall not be construed to require the presence or participation of a proctor during a food handler training course examination that is provided through a computer program or the internet.

(d) This section shall apply to a food handler who is employed by a food facility, as defined in Section 113790, or an organized camp, as defined in Section 18897, consistent with Section 30730 of Title 17 of the California Code of Regulations.

(e) This section shall not apply to a food handler who is employed by any of the following:

(1) Certified farmer’s markets.

(2) Commissaries.

(3) Grocery stores, except for separately owned food facilities to which this section otherwise applies that are located in the grocery store. For purposes of this paragraph, “grocery store” means a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry and any area that is not separately owned within the store where food is prepared and served, including a bakery, deli, and meat and seafood counter. “Grocery store” includes convenience stores.

(4) Licensed health care facilities.

(5) Mobile support units.

(6) Public and private school cafeterias.

(7) Restricted food service facilities.

(8) Retail stores in which a majority of sales are from a pharmacy, as defined in Section 4037 of the Business and Professions Code, and venues with snack bar service in which the majority of sales are from admission tickets, but excluding any area in which restaurant-style sit-down service is provided.

(9) A food facility that provides in-house food safety training to all employees involved in the preparation, storage, or service of food if all of the following conditions are met:

(A) The food facility uses a training course that has been approved for use by the food facility in another state that has adopted the requirements described in Subpart 2-103.11 of the 2001 edition of the model Food Code, not including the April 2004 update, published by the federal Food and Drug Administration.

(B) Upon request, the food facility provides evidence satisfactory to the local enforcement officer demonstrating that the food facility training program has been approved for use in another state pursuant to subparagraph (A).

(C) The training is provided during normal work hours, and at no cost to the employee.

(10) A food facility that is subject to a collective bargaining agreement with its food handlers.

(11) Any city, county, city and county, state, or regional facility used for the confinement of adults or minors, including, but not limited to, a county jail, juvenile hall, camp, ranch, or residential facility.

(12) An elderly nutrition program, administered by the California Department of Aging, pursuant to the Older Americans Act of 1965 (42 U.S.C. Sec. 3001 et seq.), as amended.

(f) The requirements of this section, except for subdivision (i), shall not apply to a food handler subject to an existing local food handler program that took effect prior to January 1, 2009.

(g) Each food facility that employs a food handler subject to the requirements of this section shall maintain records documenting that each food handler employed by the food facility possesses a valid food handler card, and shall provide those records to the local enforcement officer upon request.

(h) (1) By January 1, 2025, the department shall post on its internet website a link to the internet website of ANSI-accredited food handler training programs. A local public health department shall provide a link to that web page on its own internet website.

(2) At least one food handler training course and examination shall cost no more than fifteen dollars ($15), including a food handler card. If a food handler training course and examination is not available at that cost, the requirement to obtain a food handler card imposed by this section shall not apply.

(i) (1) An employer shall consider the time that it takes for the employee to complete the training and the examination as compensable “hours worked,” for which the employer shall pay and, pursuant to Section 2802 of the Labor Code, shall pay the employee for any necessary expenditures or losses associated with the employee obtaining a food handler card. An employer shall relieve an employee of all other work duties while the employee is taking the training course and examination.

(2) An employer shall not condition employment on an applicant or employee having an existing food handler card.

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.