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(pdf version)
AMENDED IN SENATE MARCH 17, 2011

INTRODUCED BY Senator Padilla

FEBRUARY 14, 2011

An act to amend Section 113790 Sections
113790,113947.3, and 113948
of the Health and Safety Code,
relating to food safety , and declaring the urgency thereof, to
take effect immediately
.



LEGISLATIVE COUNSEL'S DIGEST


SB 303, as amended, Padilla. Food safety: food handlers.
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. Local health agencies are
primarily responsible for enforcing this law. Violation of these
provisions is a misdemeanor.

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. Existing law generally defines a
food facility to mean an operation that stores, prepares, packages,
serves, vends, or otherwise provides food for human consumption at
the retail level.
Existing law also requires, with specified exceptions, a food
handler, as defined, who is hired prior to June 1, 2011, to obtain a
food handler card from a food protection manager certification
organization, as described. A food handler hired after June 1, 2011,
is required to obtain a food handler card within 30 days of his or
her date of hire. A food handler must maintain a valid food handler
card for the duration of his or her employment as a food handler.
This bill would, for purposes of the above-described food handler
requirements, define a food facility to mean a food facility that
sells food for human consumption. The bill would instead, until
January 1, 2012, require a food handler to obtain a food handler card
from either a food protection manager certification organization or
a specified training provider,
and would require,
commencing January 1, 2012, the card to be obtained only from a

specified training provider.
By changing the definition of a crime, 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 no reimbursement is required by this
act for a specified reason.

This bill would declare that it is to take effect immediately as
an urgency statute.

Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no
yes .


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

SECTION 1. Section 113790 of the Health and Safety Code is amended
to read:
113790. (a) "Food handler" means an individual who is involved in
the preparation, storage, or service of food in a food facility, as
defined in subdivision (b), 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, as defined in Section 113930.
(b) For purposes of the definition of a "food facility" in
subdivision (a) and in Section 113948, a food facility means a food
facility, as defined in Section 113789, that sells food for human
consumption.
SEC. 2. 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.
(4) An accredited food safety certification examination that is
provided with an in-person trainer-led class shall be proctored under
secure conditions to protect the validity of the food protection
manager certification examination.

SEC. 3. Section 113948 of the Food and
Agricultural Code
is amended to read:
113948. (a) (1) Subject to the exceptions described in
subdivision (d), a food handler who is hired prior to June 1, 2011,
shall obtain a food handler card from a food protection
manager certification organization described in Section 113947.3
on or before July 1, 2011. Food handlers
Subject to the exceptions described in subdivision (d), 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
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,
except in jurisdictions described in subdivision (e).
(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 2659-Standard
Practice for Certification Programs.

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

(2) Commencing January 1, 2012, a food handler may obtain a food
handler card from only an American National Standards Institute
(ANSI) accredited training provider that meets ASTM International
2659-Standard Practice for Certification Programs.

(3) A food handler card shall be issued only
upon successful completion of an approved food handler training
course and assessment examination that
meets at least all of the following requirements:
(1)

(A) 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.
(2)

(B) The course and assessment
examination
is designed to be completed within approximately
two and one-half hours.
(3)

(C) The assessment examination
consists of at least 40 questions regarding the required
subject matter.
(4)

(D) A minimum score of 70 percent on the
assessment
examination is required to
successfully complete the assessment
examination
.
(c) The food handler training course and assessment
examination 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

examination, through the use of a computer program or the
Internet , or through a combination of trainer-led class and the
use of a computer program or the Internet. The use of the computer
program or 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 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.
(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.
(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
examination shall cost no more than
fifteen dollars ($15), including a food handler card. If a food
handler training course and assessment
examination
is not available at that cost, the requirement to
obtain a food handler card imposed by this section shall not apply.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.

SEC. 5. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:

In order to enable food handlers to have more options toward
improving food safety, it is necessary that this act take effect
immediately as an urgency statute.