BILL ANALYSIS Ó SENATE HEALTH COMMITTEE ANALYSIS Senator Ed Hernandez, O.D., Chair BILL NO: SB 303 S AUTHOR: Padilla B AMENDED: March 17, 2011 HEARING DATE: March 23, 2011 3 CONSULTANT: 0 Tadeo 3 SUBJECT Food safety: food handlers SUMMARY Clarifies that the requirement of a food handler to obtain a food handler card is limited to food handlers employed at a food facility that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Beginning January 1, 2012, requires a food handler, to obtain a food handler card exclusively from an American National Standards Institute (ANSI) accredited training provider, as specified. 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. Requires food facilities that prepare, handle, or serve non-prepackaged, non-potentially hazardous foods, except temporary food facilities, to have an owner or employee who has successfully passed an approved and accredited food Continued--- STAFF ANALYSIS OF SENATE BILL 303 (Padilla) Page 2 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. Beginning June 1, 2011, requires a food handle to obtain a food handler card from a food protection manager certification organization accredited by the American National Standards Institute (ANSI), 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. Exempts any food handler subject to an existing local food handler program that took effect prior to January 1, 2009. Defines a food handler as an individual who is involved in the preparation, storage, or service of food in a food facility, other than an individual holding a valid food safety certificate, or an individual involved in the preparation, storage, or service of food in a temporary food facility. Requires at least one of the accredited food safety certification examinations required under current law to be offered online. Directs the Department of Public Health (DPH) to implement a food safety certification and examination program, as specified. This bill: Clarifies that the requirement of a food handler to obtain a food handler card is limited to food handlers employed at a food facility that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Requires an accredited food safety certification STAFF ANALYSIS OF SENATE BILL 303 (Padilla) Page 3 examination that is provided with an in-person, trainer-led class to be proctored under secure conditions. Allows a food handler, prior to January 1, 2012, to obtain a food handler card from either an ANSI accredited training provider that meets American Society for Testing and Materials International (ASTM International) 2659-Standard Practice for Certification Programs or a food protection manager certification organization as defined in current law. Requires a food handler, as of January 1, 2012, to obtain a food handler card exclusively from an ANSI accredited training provider that meets ASTM International 2659-Standard Practice for Certification Programs. Allows a food handler training course and examination to be offered through a combination of a trainer-led class and the use of a computer program or the Internet. Requires the computer program or Internet to have sufficient security channels and procedures to guard against fraudulent activity. Contains an urgency clause. FISCAL IMPACT This bill has not been analyzed by a fiscal committee. BACKGROUND AND DISCUSSION SB 602 (Padilla, Chapter 309, Statutes of 2010) requires a food handler, as defined, to complete a course in food safety and obtain a food handler card within 30 days after hire at a food facility, with specified exemptions, beginning June 1, 2011. The law also requires that at least one of the accredited food safety certification examinations be available online and at least one to cost no more than $15. According to the author, this bill cleans up two ambiguities in SB 602 by more clearly defining who the food handler law applies to, and who can offer the food handler course and examination. The author argues that as the deadline for SB 602 compliance approaches, it is essential STAFF ANALYSIS OF SENATE BILL 303 (Padilla) Page 4 to clarify these ambiguities. The author points out that SB 303 stipulates that only locales that create food made for sale and consumption, such as restaurants, are required to obtain the certification. The author cites the most recent numbers from the Center for Disease Control and Prevention (CDC), contaminated food causes approximately 48 million illnesses, 128,000 hospitalizations, and 3,000 deaths in the United States each year. Meanwhile there has been a growing body of evidence demonstrating that basic food safety training for food handlers can significantly reduce the incidence of foodborne illness. Food handler training course and assessment The food handler training course and assessment 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 foodborne illnesses from occurring. The food handler training course and assessment is different from the food protection manager certification. The manager certification, which is only required of one person per food facility, is a more in-depth and longer course, and 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 does not require a proctor. Topics that are covered include personal hygiene, time and temperature control, preventing cross-contamination, cleaning and sanitizing and job-specific guidelines. American National Standards Institute (ANSI)/ASTM International ANSI is a private, non-profit organization that oversees the development of voluntary consensus standards for products, services, processes, systems, and personnel in the United States. The Institute oversees the creation, promulgation and use of thousands of norms and guidelines that directly impact businesses in nearly every sector. Although ANSI itself does not develop standards, the Institute oversees the development and use of standards by accrediting the procedures of organizations that develop standards. This process involves: STAFF ANALYSIS OF SENATE BILL 303 (Padilla) Page 5 consensus by a group that is open to representatives from all interested parties; broad-based public review and comment on draft standards; consideration of and response to comments; incorporation of submitted changes that meet the same consensus requirements; into a draft standard; and, availability of an appeal by any participant alleging that these principles were not respected during the standards-development process. ASTM, originally known as the American Society for Testing and Materials, is an international standards organization that develops and publishes voluntary consensus technical standards for a wide range of materials, products, systems, and services. California Retail Food Code (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 foodborne illness risk factors and public health interventions. The CDC foodborne 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 AB 1014 (Fletcher and Chesbro) exempts premises set aside STAFF ANALYSIS OF SENATE BILL 303 (Padilla) Page 6 for beer tasting by a beer manufacturer, as defined, from CalCode provisions, if specified conditions are met. This bill is currently located in the Assembly Health Committee. Prior legislation SB 602 (Padilla) Chapter 309, Statutes of 2010, 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. 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 would have required the State Public Health Officer to recall food believed to carry a foodborne illness, infection, pathogen, contagion, toxin, or cause death or illness in humans. Requires all growers, food processors, and facilities that test for foodborne illness to maintain records and results of those tests for at least two years, have them available for inspection by DPH, and report positive test results to DPH within one hour. This bill was vetoed by the Governor. 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 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 CalCode. Declares that these provisions will take effect immediately as an urgency statute. SB 744 (Runner) Chapter 96, Statutes of 2007, makes various technical, clarifying, and nonsubstantive changes to the California Uniform Retail Food Facilities Law. STAFF ANALYSIS OF SENATE BILL 303 (Padilla) Page 7 SB 144 (Runner) Chapter 23, Statutes of 2006, repeals the California Uniform Retail Food Facilities Law (CURFFL) and recasts and revises its provisions under 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. 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 sheriff's offices in support of SB 303 contend that it will alleviate concerns that jail facilities were not specifically excluded in SB 602. They argue that SB 602 was never intended to apply to jails, which would be problematic since inmate labor is often used to assist in food preparation and service. The California Restaurant Association states that SB 303 reflects an ongoing consensus and collaboration between the food industry, regulators and environmental health officers to improve food safety best practices and reduce foodborne illness in California. POSITIONS Support: Alameda County Sheriff's Office AFSCME California Chamber of Commerce California State Sheriffs' Association California Restaurant Association Fresno County Sheriff's Office Kern County Sheriff's Department Kings County Sheriff's Office Lassen County Sheriff's Office Modoc County Sheriff's Office Shasta County Sheriff's Office Yolo County Sheriff's Office Oppose: None received STAFF ANALYSIS OF SENATE BILL 303 (Padilla) Page 8