BILL NUMBER: SB 602	AMENDED
	BILL TEXT

	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   Alquist,   
 DeSaulnier,     Leno,
    Oropeza,  
  and Romero   ) 

                        FEBRUARY 27, 2009

    An act to amend Section 22974.8 of the Business and
Professions Code, relating to retail tobacco sales.   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.  Retail tobacco sales:
violations.   Food safety.  
   The California Retail Food 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 within 30 days of
his or her date of hire, and to maintain a valid food handler card
for the duration of his or her employment as a food handler. 

   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. 

   Existing law, the Stop Tobacco Access to Kids Enforcement Act or
STAKE Act, establishes various requirements for retailers relating to
tobacco sales to minors. Existing law also makes it a misdemeanor
for a retailer to knowingly or under circumstances in which it has
knowledge, or should otherwise have grounds for knowledge, sell,
give, or in any way furnish a minor with tobacco products or
paraphernalia. Under existing law, violation of the STAKE Act or the
misdemeanor provision result in State Board of Equalization action,
on a set schedule, relating to the licensure of the retailer when the
youth purchase survey finds that 13% or more of youth are able to
purchase cigarettes, and makes the board's authority inoperative when
a youth purchase survey shows less than 13% of youth were able to
purchase cigarettes.  
   This bill would allow the board to take action relating to the
licensure of retailers who have violated the STAKE Act and
misdemeanor provisions at any time, would require the enforcing
agency to notify the board of a conviction of a violation in a timely
manner, and would require the board to take appropriate action upon
that notification. This bill would delete the provision conditioning
the board's authority to take action against retailers on the results
of a youth purchase survey. This bill would also modify the schedule
of actions taken by the board for violations.  
   This bill would require the Department of Alcoholic Beverage
Control and the State Department of Public Health to provide
specified information to the board upon request. 
   Vote: majority. 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 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  must 
 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)  Within 12 months after the effective date of this
part,   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 food protection manager certification
organization described in Section 113947.3 within 30 days after the
date of hire, and 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 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, 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 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. 
   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.  
  SECTION 1.    Section 22974.8 of the Business and
Professions Code is amended to read:
   22974.8.  (a) (1) The board shall take action against a retailer,
convicted of a violation of either the STAKE Act (Division 8.5
(commencing with Section 22950) or Section 308 of the Penal Code,
according to the schedule set forth in subdivision (b).
   (2) Convictions of violations by a retailer at one retail location
may not be accumulated against other locations of that same
retailer.
   (3) Convictions of violations accumulated against a prior retail
owner at a licensed location may not be accumulated against a new
retail owner at the same retail location.
   (4) Prior to suspending or revoking a retailer's license to sell
cigarette and tobacco products, the board shall notify the retailer.
The notice shall include instructions for appealing the license
suspension or revocation.
   (b) (1) Upon the first conviction of a violation of either the
STAKE Act (Division 8.5 (commencing with Section 22950) or Section
308 of the Penal Code, the retailer shall receive a warning letter
from the board that delineates the circumstances under which a
retailer's license may by suspended or revoked and the amount of time
the license may be suspended or revoked. The retailer and its
employees shall receive training on tobacco control laws from the
State Department of Public Health upon a first conviction. The
retailer shall also be assessed a penalty of seven hundred and fifty
dollars ($750).
   (2) Upon the second conviction of a violation of either the STAKE
Act (Division 8.5 (commencing with Section 22950)) or Section 308 of
the Penal Code, the retailer shall be subject to a fine of one
thousand five hundred dollars ($1,500). The board shall suspend the
retailer's license to sell cigarette and tobacco products for 25
days.
   (3) Upon the third conviction of a violation of either the STAKE
Act (Division 8.5 (commencing with Section 22950)) or Section 308 of
the Penal Code, the board shall revoke the retailer's license to sell
cigarette and tobacco products.
   (c) For any conviction of a violation of either the STAKE Act
(Division 8.5 (commencing with Section 22950) or Section 308 of the
Penal Code, the State Department of Public Health or other enforcing
agency shall notify the board of the conviction in a timely manner,
and the board shall take appropriate action pursuant to that
notification. If a state or local law enforcement agency does not
timely notify the board, the board may take action against a retailer
for the violation. For purposes of this subdivision, "timely manner"
means when the conviction is obtained and all appeal rights are
exhausted.
   (d) (1) Notwithstanding any other provision of this division, no
licensee may petition the board for an offer in compromise for a
third or any subsequent violation of either the STAKE Act (Division
8.5 (commencing with Section 22950)) or Section 308 of the Penal Code
that occurs within 36 months of the initial violation.
   (2) Notwithstanding any other law, the board may revoke a license
for a third violation of either the STAKE Act (Division 8.5
(commencing with Section 22950)) or Section 308 of the Penal Code
that occurs within any 36-month period. This paragraph shall not be
construed to limit the board's authority and discretion to revoke a
license prior to a third violation when the circumstances warrant
that penalty.
   (3) For purposes of this subdivision, no violation may be
considered for purposes of determination of the penalty until it has
become final.
   (e) The Department of Alcoholic Beverage Control shall, upon
request, provide to the board any licensure information, including,
but not limited to, applications, license issuance, license
transfers, license denials, or any other information necessary to
administer this chapter. The State Department of Public Health shall,
upon request, provide to the board any information, including, but
not limited to, statewide information on the annual Youth Tobacco
Purchase Survey, STAKE compliance checks, California retailers and
youth tobacco control laws, or any other information necessary to
administer this chapter.
   (f) For purposes of this section, "conviction of a violation"
includes a conviction under Section 308 of the Penal Code, or a final
administrative adjudication imposing a civil penalty under the STAKE
Act.