BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 602
                                                                  Page  1


          SENATE THIRD READING
          SB 602 (Padilla)
          As Amended June 7, 2010
          2/3 vote.  Urgency 

           SENATE VOTE  :23-13  
           
           HEALTH              17-0        APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Adams, Ammiano, Carter,   |Ayes:|Fuentes, Conway,          |
          |     |Conway, De La Torre, De   |     |Bradford,                 |
          |     |Leon, Emmerson, Eng,      |     |Charles Calderon, Coto,   |
          |     |Gaines, Hayashi,          |     |Davis,                    |
          |     |Hernandez, Jones, Nava,   |     |De Leon, Gatto, Hall,     |
          |     |V. Manuel Perez, Salas,   |     |Harkey, Miller, Nielsen,  |
          |     |Smyth, Audra Strickland   |     |Norby, Skinner, Solorio,  |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires a food handler, as defined, to obtain a food  
          handler card within 30 days after his or her hire date at a food  
          facility, with specified exceptions, beginning June 1, 2011, and  
          mandates at least one of the accredited food safety  
          certification examinations required under current law to be  
          offered online.  Specifically,  this bill  :   

          1)Defines a "food handler" as an individual involved in the  
            preparation, storage, or service of food in a food facility,  
            excluding in a temporary food facility, and exempts an  
            individual holding a valid food safety certificate from this  
            definition.

          2)Requires, beginning June 1, 2011, a food handler to obtain a  
            food handler card from a food protection manager certification  
            organization accredited by the American National Standards  
            Institute, as specified, within 30 days after the date of  
            hire, and to maintain a valid card for the duration of  
            employment.  Requires a food handler who is hired prior to  
            June 1, 2011, to obtain a card by July 1, 2011.  

          3)Makes the card valid for three years from the date of  
            issuance, regardless of whether the food handler changes  
            employers during that period.  Requires the card to be  








                                                                  SB 602
                                                                  Page  2


            recognized throughout the state, as specified.

          4)Conditions the issuance of a card on successful completion of  
            an approved food handler training course and assessment that  
            meets specified minimum requirements.

          5)Specifies that the food handler training course and assessment  
            may be offered through a trainer-led class and assessment or  
            self-training and assessment, and includes, but is not limited  
            to, training and assessment using a computer program and the  
            Internet.

          6)Exempts from the requirements of this bill food handlers  
            employed by certified farmer's markets, commissaries, grocery  
            stores, as specified, licensed health care facilities, mobile  
            support units, public and private school cafeterias,  
            restricted food service facilities, pharmacy retail stores,  
            food facilities that provide in-house food safety training if  
            specified conditions are met, and, a food facility subject to  
            a collective bargaining agreement with its food handlers. 
          7)Prohibits the requirements of this bill from applying to food  
            handlers who are subject to an existing local food handler  
            program, as specified.

          8)Directs each food facility that employs a food handler subject  
            to the requirements of this bill to maintain records  
            documenting that each food handler employee possesses a valid  
            card and to furnish those records to the local enforcement  
            officer upon request.

          9)Caps the cost of at least one food handler training course and  
            assessment at no more than $15, including a food handler card.  
             Specifies that the requirement in this bill to obtain a card  
            does not apply if a food handler training course and  
            assessment is not available for $15. 

          10)Requires at least one of the accredited food safety  
            certification examinations that an owner or employee of a food  
            facility is currently required to pass under current law to be  
            offered online.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, costs associated with this legislation would be minor  
          and absorbable within existing Department of Public Health  








                                                                  SB 602
                                                                  Page  3


          resources. 

           COMMENTS  :  According to the author, many of the hazards that  
          make food unsafe and cause a food-borne illness include improper  
          handling, poor food employee hygiene, time or temperature abuse,  
          cross-contamination, and poor cleaning and sanitizing.  The  
          author notes that current law requires only one person in a food  
          establishment, usually a manager, to have proper food safety  
          training and that person in charge is responsible for training  
          all of the personnel on food safety and handling.  The author  
          maintains that every person who comes in contact with food  
          should have some food handling education.  The author notes that  
          acute foodborne illnesses cost the U.S. an estimated $152  
          billion per year in healthcare, workplace, and other economic  
          losses, according to a March 2010 report published by the  
          Produce Safety Project.  This bill is intended to dramatically  
          reduce and prevent incidents of food-borne illnesses by ensuring  
          that all individuals who handle, serve, or sell non-prepackaged  
          food to the public are familiar with responsible food practices.

          According to the sponsor of this bill, the California Restaurant  
          Association (CRA), the statewide food handler certification  
          requirements in this bill are intended to provide employees who  
          handle non-prepackaged food with an overview of key elements of  
          food safety in order to prevent the transmission of foodborne  
          illnesses. The food handler certification in this bill differs  
          from food protection manager certification.  Manager  
          certification is only required of one person per food facility  
          and requires a more intensive training course that culminates in  
          a lengthy test that must be proctored.  The food handler  
          certification proposed in this bill is not intended to replace  
          current manager certification requirements; it is in addition to  
          these requirements.  Both the course and test for food handlers  
          will be available online, and the test will not require a  
          proctor.  Topics to be covered include personal hygiene, time  
          and temperature control, cross-contamination prevention, proper  
          cleaning and sanitizing techniques, and job-specific guidelines.


           Analysis Prepared by  :    Cassie Rafanan / HEALTH / (916)  
          319-2097 
                                                                FN: 0005116