BILL ANALYSIS
SENATE HEALTH
COMMITTEE ANALYSIS
Senator Elaine K. Alquist, Chair
BILL NO: SB 602
S
AUTHOR: Padilla
B
AMENDED: June 7, 2010
HEARING DATE: August 19, 2010
6
CONSULTANT:
0
Tadeo/cjt
2
PURSUANT TO S.R. 29.10
SUBJECT
Food safety
SUMMARY
Requires a food handler, as defined, to obtain a food
handler card within 30 days after employment at a food
facility by successfully completing a training course, as
specified. Exempts specified food handlers from this
requirement. Mandates at least one of the accredited food
safety certification examinations required under current
law to be offered online. This is an urgency bill which
would take effect immediately.
CHANGES TO EXISTING LAW
Existing law:
Establishes the California Retail Food Code (CalCode) to
govern all aspects of retail food safety and sanitation in
California.
Makes local environmental health departments primarily
responsible for enforcing CalCode through local food safety
inspection programs.
Continued---
STAFF ANALYSIS OF SENATE BILL 602 (Padilla) Page
2
Requires food facilities that prepare, handle, or serve
nonprepackaged, nonpotentially hazardous foods, except
temporary food facilities, to have an owner or employee who
has successfully passed an approved and accredited food
safety certification examination, as
specified; and demonstrate to the enforcement officer that
the employees have an adequate knowledge of food safety
principles as they relate to the specific operation
involved in their assigned duties.
Requires that there be at least one food safety certified
owner or employee at each food facility, although this
person is not required to be present at the food facility
during all hours of operation.
Defines a food employee as an employee working with food,
food equipment or utensils, or food-contact surfaces and
requires all food employees to have adequate knowledge of,
and be properly trained in, food safety as it relates to
their assigned duties.
Defines a food handler program as any city, county, or city
and county program that requires that all or a substantial
portion of the employees of a food facility who are
involved in the preparation, storage, service, or handling
of food products, engage in an approved food safety
training or pass an approved food safety certification
examination, or both.
Directs the Department of Public Health (DPH) to implement
a food safety certification and examination program, as
specified.
This bill:
Defines a food handler as an individual involved in the
preparation, storage, or service of food in a food
facility, including in a temporary food facility, and
exempts an individual holding a valid food safety
certificate from this definition.
Requires a food handler who is hired prior to June 1, 2011,
to obtain a food handler card from a food protection
manager certification organization accredited by the
American National Standards Institute (ANSI), as
STAFF ANALYSIS OF SENATE BILL 602 (Padilla) Page
3
specified, by July 1, 2011. Requires all other food
handlers to obtain a card within 30 days after the date of
hire.
Requires a food handler to maintain a valid card for the
duration of employment, and 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.
Conditions the issuance of a card on successful completion
of an approved food handler training course and assessment
that meets specified minimum requirements.
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.
Exempts 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,
and food facilities that provide in-house food safety
training if specified conditions are met.
Exempts food handlers employed by a food facility that is
subject to a collective bargaining agreement with its food
handlers.
Prohibits the requirements of this bill from applying to
food handlers who are subject to an existing local food
handler program, as specified.
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.
STAFF ANALYSIS OF SENATE BILL 602 (Padilla) Page
4
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.
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.
Contains an urgency clause.
FISCAL IMPACT
According to the Assembly Appropriations Committee analysis
of SB 602, costs associated with this bill would be minor
and absorbable within existing DPH resources.
BACKGROUND AND DISCUSSION
The author states that almost one-half of total food
dollars is spent on food purchased from or eaten at
restaurants and other food facilities. According to the
author, many hazards that can make food unsafe and cause
food-borne illnesses can be dramatically lessened or
prevented with simple education and training for all
employees who handle non-prepackaged food regarding
responsible food safety practices. The author points out
that current law requires only one person in a food
establishment, usually a manager, to have proper food
safety training and that person 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 a formal food handling education,
which includes how to prevent improper handling, poor food
employee hygiene, time or temperature abuse,
cross-contamination, and poor cleaning and sanitizing.
The author cites a March 2010 report published by the
Produce Safety Project that reports that acute food-borne
illnesses costs the U.S. an estimated $152 billion per year
in health care, workplace, and other economic losses. The
STAFF ANALYSIS OF SENATE BILL 602 (Padilla) Page
5
author contends that SB 602 is meant to build on existing
food safety programs to dramatically reduce and prevent
incidents of food-borne illnesses, ensuring that all
individuals who handle, serve, or sell non-prepackaged food
to the public are familiar with responsible food practices.
Food safety certification/manager certification
The food safety certification currently required by law is
achieved by passing an examination from an accredited food
protection manager certification organization. The
organization must be accredited by the American National
Standards Institute as meeting the requirements of the
Conference for Food Protection's standards of accreditation
of food protection manager certification programs.
Certificates are valid for five years. The Food Protection
Manager Certification program consists of an extensive and
in-depth course and test. The course booklet is over 350
pages long, and the live course lasts approximately six
hours. The test, consisting of 90 questions which takes
approximately 1 to 2 hours to take, must be proctored by
a live person.
Food handler training course and assessment
The food handler training course and assessment proposed by
SB 602, is intended to be an overview of key elements of
food safety that any person who handles non-prepackaged
food should know in order to prevent food borne illnesses
from occurring. The food handler training course and
assessment is different from the food protection manager
certification currently required under California's food
safety laws. The manager certification, which is only
required of one person per food facility, is a more
in-depth and longer course, the test is lengthy and must be
proctored. The food handler certification does not, and is
not intended to, replace the manager certification. The
food handler training course and assessment focuses on key
points taken from the extensive food safety certification
model. The assessment will not require a proctor.
Examples of topics to be covered include personal hygiene,
time and temperature control, preventing
cross-contamination, cleaning and sanitizing and
job-specific guidelines.
Existing food handler programs
STAFF ANALYSIS OF SENATE BILL 602 (Padilla) Page
6
While CalCode preempts any locality from having different
or additional food safety certification requirements, it
does grandfather-in food handler programs that took effect
prior to January 1, 1998, which in effect, grandfathered-in
in Riverside, San Bernardino and San Diego counties. All
are county administered, but in San Diego, private schools
can additionally administer the program if they utilize a
Certified Food Manager to administer the program.
The Riverside County's Food Worker's Certification Program
was first adopted in 1978. The county offers a manual,
which can be self taught, offers live classes and
administers the test. The program applies to anyone whose
job includes the handling of food, beverages or utensils.
All employees must have a current Food Worker Certificate
within 2 weeks of beginning employment at a food facility.
To receive a Food Worker's Certificate, an employee must
read the Food Workers' Certification Manual and take and
pass the 50 question multiple choice examination.
San Bernardino County requires food workers to possess a
valid, unexpired Food Worker Certification Card. County
Code defines food workers to include waiters, waitresses,
bartenders, buspersons, cooks, dishwashers, hosts,
hostesses, managers, meat cutters and deli workers. All
food workers must obtain certification within fourteen days
of employment. Classes are available in English and
Spanish. The card is valid for three years. To obtain
certification, the course can be viewed online or on a DVD
provided to each facility by their inspector, and the
applicant can then go to a testing site to take the test.
All food handlers in San Diego County are required to
possess either a valid food handler card issued by a
county-authorized food handler training school, or pass a
county food handler test administered by a current food
safety manager who has passed a state-approved food safety
certification exam. Food handler cards are valid for three
years, and can be renewed by taking a short exam and paying
a renewal fee at one of the county's offices.
Food handler programs in other states
Florida mandates that all food service workers must be
trained in food handling safety. The Florida Food Handlers
Training Statute was legislated in 1997. All food service
STAFF ANALYSIS OF SENATE BILL 602 (Padilla) Page
7
employees of establishments that are licensed by the state
of Florida's Department of Business and Professional
Regulation Division of Hotels and Restaurants are required
to be certified. Florida also has the Manager's
Certification requirement. There are several approved food
handler programs in Florida. New hire training is required
to be done within 60 days of hire. The employee
certification is good for three years.
Preliminary data from the Florida Department of Health for
2008 indicate a continuing trend toward decreasing
incidents of suspected and confirmed food-borne illness
outbreaks in licensed food service establishments,
including a 79 percent decrease since the requirements went
into place in 1997.
In Oregon, food service workers are required to obtain a
food handler card within 30 days of beginning work. The
cost of the card is $10.00 and is valid for three years.
Food handler cards issued in any county are valid
throughout Oregon. A valid food manager training
certificate is accepted in lieu of a food handler card.
Food handler cards issued in other states are not valid in
Oregon.
Washington State requires that all food workers have food
safety training before handling food served to the public.
Food workers who attend a food safety training class and
pass the State of Washington exam on food safety basics are
issued a Food Worker Card (also called a Food Worker Permit
or Food Handler Card). The card costs $10. Local health
departments offer the food worker training and issue the
cards. The first food worker card is valid for two years.
Before the card expires, the employee must take the food
safety training class and pass the exam again. Renewal
cards after that are valid for three or five years.
In the state of Texas, while there is no statewide food
handler certification program in place, 80 counties have
adopted a mandatory food handler certification program for
their food service employees. Texas is currently
considering enacting a statewide food handler program, to
standardize requirements between the counties and to reduce
burdens on restaurants and their employees, who are subject
to different requirements in different jurisdictions within
STAFF ANALYSIS OF SENATE BILL 602 (Padilla) Page
8
the state.
CalCode
CalCode is modeled after the federal Model Food Code, which
is drafted by the U.S. Food and Drug Administration and is
updated every two years. In 1985, the Legislature
consolidated various overlapping laws dealing with retail
food into the comprehensive California Uniform Retail Food
Facilities Law (CURFFL). CalCode was established to repeal
CURFFL through SB 144 (Runner), Chapter 23, Statutes of
2006, and create uniformity between California's retail
food safety laws and those of other states. CalCode makes
several enhancements to the law it repealed, relative to
documentation, uniformity and consistency, best available
science, at-risk populations, and flexibility of
provisions. With the enactment of CalCode, local
environmental health departments have refocused their food
facility inspections to emphasize violations relating to
the federal Centers for Disease Control and Prevention's
(CDC) identified food-borne illness risk factors and public
health interventions. The CDC food-borne illness risk
factors are: food from unsafe sources; inadequate cooking;
improper holding temperatures; contaminated equipment; and,
poor personal hygiene. Public health interventions
identified by CDC include: demonstration of knowledge;
employee health; time and temperature control; hands as a
source of contamination; and, consumer advisories.
Related legislation
SB 453 (Padilla) of 2009, substantially similar to SB 602,
would have required an individual involved in the
preparation, storage, or service of food to obtain a food
handler card within 30 days after hire and would have
directed the DPH to develop and
implement standards for accrediting food handler
certification organizations and guidelines for approved
food handler courses by June 1, 2010. This bill died on
the Senate Appropriations Committee Suspense File.
SB 173 (Florez) of 2009 requires the State Public Health
Officer to recall food believed to carry a food-borne
illness, infection, pathogen, contagion, toxin, or cause
death or illness in humans. Requires all growers, food
processors, and facilities that test for food-borne illness
to maintain records and results of those tests for at least
STAFF ANALYSIS OF SENATE BILL 602 (Padilla) Page
9
two years, have them available for inspection by DPH, and
report positive test results to DPH within one hour.
Creates new penalties, follow-up inspection requirements,
and suspensions with exceptions, for those growers, food
processors and facilities responsible for a food-borne
illness or outbreak, as specified. This bill was vetoed by
the Governor.
Prior legislation
SB 241 (Runner, Chapter 571, Statutes of 2009, establishes
"single operating site mobile food facility" as a new
category of mobile food facilities regulated under the
CalCode. Imposes various requirements on these facilities,
and revises standards applicable to mobile food facilities
and satellite food facilities. Makes additional technical
and nonsubstantive amendments to the CalCode. Declares
that these provisions will take effect immediately as an
urgency statute.
SB 144 (Runner), Chapter 23, Statutes of 2006, repeals the
California Uniform Retail Food Facilities Law (CURFFL) and
recasts and revises its provisions under the CalCode,
effective July 1, 2007. Modeled after the federal Model
Food Code, CalCode makes several enhancements to CURFFL
related to documentation, uniformity and consistency, best
available science, at-risk populations, and flexibility of
provisions.
SB 744 (Runner, 2007), Chapter 96, Statutes of 2007, made
various technical, clarifying, and nonsubstantive changes
to the minor changes to the California Uniform Retail Food
Facilities Law, which was repealed and recast by SB 144.
AB 1978 (Campbell) Chapter 72, Statutes of 1998, requires
food facilities to have an owner or employee who has
successfully passed an approved and accredited food safety
certification examination. Requires at least one exam
shall cost no more than $60 including the certificate.
Arguments in support
The California Restaurant Association, the sponsor of SB
602, states that this bill reflects a consensus and
collaboration between the industry, regulators, and
environmental health officers to improve food safety in
California by exposing restaurant employees who handle
STAFF ANALYSIS OF SENATE BILL 602 (Padilla) Page
10
non-prepackaged food to a basic yet fundamental and
responsible level of food safety education and
understanding.
The California Association of Environmental Health
Administrators, which represents all 62 local environmental
health departments in California, states that this bill
takes an important step toward enhancing food safety in the
state by requiring food handlers in restaurants to obtain
some basic food safety training.
The California Chamber of Commerce writes in support that
this consensus bill reflects a willingness to ensure that
food safety is a top priority for restaurateurs. The
California Retailers Association adds that the requirement
to provide at least one of the accredited food safety
certification examinations online provides a cost- and
time-effective means by which employees can comply.
Arguments in opposition
DPH states that, while in agreement with the intent of SB
602, it opposes the exemption of food handlers at licensed
care facilities and school cafeterias from the food handler
card requirement. DPH contends that the individuals who
consume food prepared at these retail food facilities
deserve the same level of food safety protection as members
of the public who are consuming food prepared by
restaurants.
COMMENTS
This bill is substantially similar to SB 453. Many of the
provisions of SB 453, as heard by this committee on April
29, 2009, have been amended into SB 602 and additional
amendments have been taken in response to industry and
local stakeholders' concerns. SB 602 differs from SB 453
in the following respects:
Requires that the food handler training course and
assessment be based on food safety certification
standards already established in current law instead
of requiring the creation of new standards and
guidelines by DPH.
Exempts food handlers who work in specified
facilities, those who are already part of an existing
STAFF ANALYSIS OF SENATE BILL 602 (Padilla) Page
11
local food handler program in effect prior to January
1, 2009, and those employed by a food facility that is
subject to a collective bargaining agreement with its
food handlers.
Requires food facilities that employ food handlers
subject to the requirements in the bill to maintain
food handler card records.
Requires a $15 cap on the fees for the food handler
training course and assessment; and,
Requires at least one of the accredited food safety
certification examinations required in current law to
be offered online.
PRIOR ACTIONS
Assembly Health Committee17-0
Assembly Appropriations 17-0
Assembly Floor 74-1
POSITIONS
Support: California Restaurant Association (sponsor)
California Association of Environmental
Health Administrators
California Chamber of Commerce
California Food Policy Advocates
California Retailers Association
Oppose: Department of Public Health
-- END --