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Italicized text includes proposed additions to law or the previous version of the bill.
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(pdf version)

INTRODUCED BY Senator Padilla

FEBRUARY 14, 2011

An act to amend Section 113790 of the Health and Safety Code,
relating to food safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 303, as introduced, 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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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.