BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 602
Author: Padilla (D)
Amended: 6/7/10
Vote: 27 - Urgency
SENATE VOTES NOT RELEVANT
ASSEMBLY FLOOR : 74-1, 8/16/10 - See last page for vote
SUBJECT : Food safety
SOURCE : Author
DIGEST : This bill requires a food handler, as defined,
to obtain a food handler card within 30 days after his/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.
Assembly Amendments delete the original version of the
bill, dealing with retail tobacco sales, and now address
the issue of food safety and food-borne illnesses.
ANALYSIS : The California Retail Food Code provides for
the regulation of health and sanitation standards for
retail food facilities by the Department of Public Health
(DPH). Under existing law, a violation of these provisions
is a misdemeanor. Local health agencies are primarily
responsible for enforcing this law.
CONTINUED
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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:
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
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
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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 : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, costs
associated with this legislation would be minor and
absorbable within existing Department of Public Health
resources.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,
Cook, Coto, De La Torre, De Leon, DeVore, Eng, Evans,
Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
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Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Nava, Nestande, Niello, Nielsen, Norby,
V. Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Silva, Skinner, Smyth, Solorio, Audra Strickland,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, John A. Perez
NOES: Monning
NO VOTE RECORDED: Bass, Blakeslee, Charles Calderon,
Davis, Vacancy
CTW:mw 8/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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