BILL NUMBER: SB 303 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 20, 2011
AMENDED IN ASSEMBLY JUNE 3, 2011
AMENDED IN SENATE MARCH 29, 2011
AMENDED IN SENATE MARCH 17, 2011
INTRODUCED BY Senator Padilla
FEBRUARY 14, 2011
An act to amend Sections 113790,113947.3, and 113948 of the Health
and Safety Code, relating to food safety, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 303, as amended, Padilla. Food safety: food handlers.
The California Retail Food Code provides for the regulation of
health and sanitation standards for retail food facilities by the
State Department of Public Health. Local health agencies are
primarily responsible for enforcing this law. Violation of these
provisions is a misdemeanor.
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. Existing law generally defines a
food facility to mean an operation that stores, prepares, packages,
serves, vends, or otherwise provides food for human consumption at
the retail level.
Existing law also requires, with specified exceptions, a food
handler, as defined, who is hired prior to June 1, 2011, to obtain a
food handler card from a food protection manager certification
organization, as described. A food handler hired after June 1, 2011,
is required to obtain a food handler card within 30 days of his or
her date of hire. A food handler must maintain a valid food handler
card for the duration of his or her employment as a food handler.
This bill would, for purposes of the above-described food handler
requirements, define a food facility to mean a food facility that
sells food for human consumption to the general public. The bill
would, instead, until January 1, 2012, require a food handler to
obtain a food handler card from either a food protection manager
certification organization or a specified training provider, and
would require, commencing January 1, 2012, the card to be obtained
only from a specified training provider.
By changing the definition of a crime, 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 no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 113790 of the Health and Safety Code is amended
to read:
113790. (a) "Food handler" means an individual who is involved in
the preparation, storage, or service of food in a food facility, as
defined in subdivision (b), 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, as defined in Section 113930.
(b) For purposes of the definition of a "food facility" in
subdivision (a) and in Section 113948, a food facility means a food
facility, as defined in Section 113789, that sells food for human
consumption to the general public.
SEC. 2. 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 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) 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.
(4) An accredited food safety certification examination that is
provided with an in-person trainer-led class or is offered online
shall be proctored under secure conditions to protect the validity of
the food protection manager certification examination.
SEC. 3. Section 113948 of the Health and Safety Code is amended to
read:
113948. (a) (1) Subject to the exceptions described in
subdivision (d), a food handler who is hired prior to June 1, 2011,
shall obtain a food handler card on or before July 1, 2011. Subject
to the exceptions described in subdivision (d), a food handler who is
hired on or after June 1, 2011, shall obtain a food handler card
within 30 days after the date of hire. Each food handler shall
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,
except in jurisdictions described in subdivision (e).
(b) (1) Prior to January 1, 2012, a food handler may obtain a food
handler card from either one of the following:
(A) An American National Standards Institute (ANSI) accredited
training provider that meets ASTM International E2659-09 Standard
Practice for Certification Certificate
Programs.
(B) A food protection manager certification organization described
in Section 113947.3.
(2) Commencing January 1, 2012, a food handler may
shall obtain a food handler card only from an
American National Standards Institute (ANSI) accredited training
provider that meets ASTM International E2659-09 Standard Practice for
Certification Certificate Programs.
(3) A food handler card shall be issued only upon successful
completion of a food handler training course and examination that
meets at least all of the following requirements:
(A) The course provides basic, introductory instruction on the
elements of knowledge described in subdivisions (a), (b), (c), (d),
(e), and (g) of Section 113947.2.
(B) The course and examination is designed to be completed within
approximately two and one-half hours.
(C) The examination consists of at least 40 questions regarding
the required subject matter.
(D) A minimum score of 70 percent on the examination is required
to successfully complete the examination.
(c) The food handler training course and examination may be
offered through a trainer-led class and examination, through the use
of a computer program or the Internet, or through a combination of
trainer-led class and the use of a computer program or the Internet.
The use of the computer program or Internet shall have sufficient
security channels and procedures to guard against fraudulent
activity. However, this subdivision shall not be construed to require
the presence or participation of a proctor during a food handler
training course examination that is provided through 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 and
any area that is not separately owned within the store where food is
prepared and served, including a bakery, deli, and meat and seafood
counter. "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.
(9) A food facility that provides in-house food safety training to
all employees involved in the preparation, storage, or service of
food if all of the following conditions are met:
(A) The food facility uses a training course that has been
approved for use by the food facility in another state that has
adopted the requirements described in Subpart 2-103.11 of the 2001
edition of the model Food Code, not including the April 2004 update,
published by the federal Food and Drug Administration.
(B) Upon request, the food facility provides evidence satisfactory
to the local enforcement officer demonstrating that the food
facility training program has been approved for use in another state
pursuant to subparagraph (A).
(C) The training is provided during normal work hours, and at no
cost to the employee.
(10) A food facility that is subject to a collective bargaining
agreement with its food handlers.
(e) The requirements of this section shall not apply to a food
handler subject to an existing local food handler program that took
effect prior to January 1, 2009.
(f) Each food facility that employs a food handler subject to the
requirements of this section shall maintain records documenting that
each food handler employed by the food facility possesses a valid
food handler card, and shall provide those records to the local
enforcement officer upon request.
(g) At least one food handler training course and examination
shall cost no more than fifteen dollars ($15), including a food
handler card. If a food handler training course and examination is
not available at that cost, the requirement to obtain a food handler
card imposed by this section shall not apply.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.
SEC. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to enable food handlers to have more options toward
improving food safety, it is necessary that this act take effect
immediately as an urgency statute.