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                              
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          CONSULTANT:                                                
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          Tadeo                                                      
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                                     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---



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          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 




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          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 




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          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:




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                 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 




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          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. 




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          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




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