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