Bill Text: CA SB602 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Food safety.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2010-09-27 - Chaptered by Secretary of State. Chapter 309, Statutes of 2010. [SB602 Detail]

Download: California-2009-SB602-Amended.html

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BILL NUMBER: SB 602	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 5, 2010
	AMENDED IN ASSEMBLY  JULY 1, 2009
	AMENDED IN SENATE  MAY 28, 2009
	AMENDED IN SENATE  MAY 18, 2009
	AMENDED IN SENATE  APRIL 28, 2009
	AMENDED IN SENATE  APRIL 21, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Padilla
    (   Coauthors:   Senators   Denham
  and DeSaulnier   ) 

                        FEBRUARY 27, 2009

   An act to amend Sections 113947.2 and 113947.3 of, and to add
Sections 113790 and 113948 to, the Health and Safety Code, relating
to food safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 602, as amended, Padilla. Food safety.
   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. Under existing
law, a violation of these provisions is a misdemeanor. Local health
agencies are primarily responsible for enforcing this law.
   This law generally requires food facilities, except temporary food
facilities, to have an owner or employee who has successfully passed
an approved and accredited food safety certification examination
from an accredited food protection manager certification
organization, except as specified.
   This bill would require at least one of the accredited food safety
certification examinations to be offered online.
   This bill would also require, commencing January 1, 2011, a food
handler, as defined, to obtain a food handler card  . The bill
would require food handlers hired after January 1, 2011, to obtain a
food handler card  within 30 days of his or her date of hire,
and  would require all other food handlers to obtain a food
handler card prior to February 1, 2011. It would require each food
handler  to maintain a valid food handler card for the duration
of his or her employment as a food handler. 
   This bill would exempt from compliance any food handler subject to
an existing local food handler program that took effect prior to
January 1, 2009, and would also require a food facility that employs
food handlers to maintain records documenting that each food handler
employed by the facility possesses a food handler card. The bill
would require at least one food handler training course to cost no
more than $15 and, if a training course is not available at that
cost, would remove the requirement to obtain a food handler card.

   By creating a new crime and expanding the duties of local
enforcement officials, this 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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 113790 is added to the Health and Safety Code,
to read:
   113790.  "Food handler" means an individual who is involved in the
preparation, storage, or service of food in a food facility, other
than an individual holding a valid food safety certificate issued
pursuant to Section 113947.3 or an individual involved in the
preparation, storage, or service of food in a temporary food
facility.
  SEC. 2.  Section 113947.2 of the Health and Safety Code is amended
to read:
   113947.2.  The food safety certification examination for purposes
of Section 113947.1 shall include, but need not be limited to, all of
the following elements of knowledge:
   (a) Foodborne illness, including terms associated with foodborne
illness, micro-organisms, hepatitis A, and toxins that can
contaminate food and the illness that can be associated with
contamination, definition and recognition of potentially hazardous
foods, chemical, biological, and physical contamination of food, and
the illnesses that can be associated with food contamination, and
major contributing factors for foodborne illness.
   (b) The relationship between time and temperature with respect to
foodborne illness, including the relationship between time and
temperature and micro-organisms during the various food handling,
preparation, and serving states, and the type, calibration, and use
of thermometers in monitoring food temperatures.
   (c) The relationship between personal hygiene and food safety,
including the association of hand contact, personal habits and
behaviors, and food employee health to foodborne illness, and the
recognition of how policies, procedures, and management contribute to
improved food safety practices.
   (d) Methods of preventing food contamination in all stages of food
handling, including terms associated with contamination and
potential hazards prior to, during, and after delivery.
   (e) Procedures for cleaning and sanitizing equipment and utensils.

   (f) Problems and potential solutions associated with facility and
equipment design, layout, and construction.
   (g) Problems and potential solutions associated with temperature
control, preventing cross-contamination, housekeeping, and
maintenance.
  SEC. 3.  Section 113947.3 of the Health and Safety Code is amended
to read:
   113947.3.  (a) Food safety certification required pursuant to
Section 113947.1 shall be achieved by successfully passing an
examination from an accredited food protection manager certification
organization. The certification organization shall be accredited by
the American National Standards Institute as meeting the requirements
of the Conference for Food Protection's "Standards for Accreditation
of Food Protection Manager Certification Programs." Those food
employees who successfully pass an approved certification examination
shall be issued a certificate by the certifying organization. The
issuance date for each original certificate issued pursuant to this
section shall be the date when the individual successfully completes
the examination. Certificates shall be valid for five years from the
date of original issuance. Any replacement or duplicate certificate
shall have as its expiration date the same expiration date that was
on the original certificate.
   (b) (1) By July 20, 2008, the department, in consultation with the
California Conference of Directors of Environmental Health,
representatives of the retail food industry, and other interested
parties, shall develop and implement a program for the purposes of
demonstrating adequate knowledge for operators of temporary food
facilities.
   (2) At least one of the accredited food safety certification
examinations shall cost no more than sixty dollars ($60), including
the certificate. However, the department may adjust the cost of food
safety certification examinations to reflect actual expenses incurred
in producing and administering the food safety certification
examinations required under this section. If a food safety
certification examination is not available at the price established
by the department, the certification and recertification requirements
relative to food safety certification examinations imposed by this
section shall not apply.
   (3) At least one of the accredited food safety certification
examinations shall be offered online.
  SEC. 4.  Section 113948 is added to the Health and Safety Code, to
read:
   113948.  (a) (1) Commencing January 1, 2011, and subject to the
exceptions described in subdivision (d), a food handler shall obtain
a food handler card from  an   a  food
protection manager certification organization described in Section
 113947.3 within 30 days after the date of hire, and
  113947.3. Food handlers hired on or after January 1,
2011, shall obtain a food handler card within 30 days after the 
 date of hire. All other food handlers shall obtain a food
handler card prior to February 1, 2011. Each food handler shall 
maintain a valid food handler card for the duration of his or her
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,
 including for purposes of a food handler program 
 except in jurisdictions  described in subdivision (e).
   (b) A food handler card shall be issued only upon successful
completion of an approved food handler training course and assessment
that meets at least all of the following requirements:
   (1) The course provides basic, introductory instruction on the
elements of knowledge described in subdivisions  (a) to (g),
inclusive,   (a), (b), (c), (d), (e), and (g)  of
Section 113947.2.
   (2) The course and assessment is designed to be completed within
approximately two and one-half hours.
   (3) The assessment consists of at least 40 questions regarding the
required subject matter.
   (4) A minimum score of 70 percent on the assessment is required to
successfully complete the assessment.
   (c) The food handler training course and assessment may be offered
through a trainer-led class and assessment  or self-training and
assessment. For purposes of this section, "self-training and
assessment" means  a process where the individual trains, and
takes an assessment, without the presence or intervention of a
trainer or instructor, and includes, but is not limited to, training
and assessment through the use of a computer program or the Internet.

   (d) 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.
"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. 
   (e) The requirements of this section shall not apply to food
handlers who possess a valid food handler card or certification
issued pursuant to a food handler program that took effect prior to
January 1,1998, but only in the form in which the program existed
prior to January 1, 1998.  
   (e) The requirements of this section shall not apply to a food
handler subject to an existing local food handler program that took
effect prior to January 1, 2009.  
   (f) 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.  
   (g) At least one food handler training course and assessment shall
cost no more than fifteen dollars ($15), including a food handler
card. If a food handler training course and assessment is not
available at that cost, the requirement to obtain a food handler card
imposed by this section shall not apply. 
  SEC. 5.  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.