BILL ANALYSIS Ó
SB 303
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Date of Hearing: June 14, 2011
ASSEMBLY COMMITTEE ON HEALTH
William W. Monning, Chair
SB 303 (Padilla) - As Amended: June 3, 2011
SENATE VOTE : 36-0
SUBJECT : Food safety: food handlers.
SUMMARY : Clarifies that existing law requiring a food handler
to obtain a food handler card (card) only applies to food
handlers employed at a food facility that sells food for human
consumption to the general public, and allows, beginning on
January 1, 2012, a food handler to obtain a card exclusively
from a training provider accredited by the American National
Standards Institute (ANSI), as specified. Specifically, this
bill :
1)Specifies that current law requiring a food handler to obtain
a card is limited to food handlers employed at a food facility
that sells food for human consumption to the general public.
2)Revises existing law relating to food protection manager
certification to require an accredited food safety
certification examination provided with an in-person trainer
or offered online to be proctored under secure conditions to
protect the validity of the examination.
3)Deletes the requirement in existing law that a food handler
hired before June 1, 2011, obtain a card from an ANSI
accredited food protection manager certification organization.
4)Requires, with specified exceptions, a food handler hired on
or after June 1, 2011, to obtain a card within 30 days after
the date of hire.
5)Allows, prior to January 1, 2012, a food handler to obtain a
card from either a training provider or a food protection
manager certification organization accredited by ANSI, as
specified.
6)Permits, beginning on January 1, 2012, a food handler to
obtain a card exclusively from an ANSI accredited training
provider.
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7)Prescribes that the food handler training course and
examination may be provided through a trainer-led class and
examination; through the use of a computer program or the
Internet; or, through a combination of the two.
8)Requires the computer program or Internet in 7) above to have
sufficient security channels and procedures to guard against
fraudulent activity and prohibits this provision from being
construed to require the presence or participation of a
proctor during a food handler training course examination that
is offered through a computer program or Internet.
9)Includes an urgency clause to make the provisions of this bill
take effect immediately upon enactment.
EXISTING LAW :
1)Establishes the California Retail Food Code (CRFC) to govern
all aspects of retail food safety and sanitation in
California.
2)Makes local environmental health departments primarily
responsible for enforcing CRFC through local food safety
inspection programs.
3)Requires food facilities that prepare, handle, or serve
non-prepackaged, non-potentially hazardous foods, except
temporary food facilities, to have at least one owner or
employee who has successfully passed an approved and
accredited food safety certification examination and
demonstrate to the local 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.
4)Specifies that at least one food safety certified owner or
employee must be at each food facility, although this person
is not required to be present at the facility during all hours
of operation.
5)Defines a food handler to mean 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,
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storage, or service of food in a temporary food facility.
6)Requires a food handler hired prior to June 1, 2011, to obtain
a card from an ANSI accredited food protection manager
certification organization by July 1, 2011, and requires food
handlers hired on or after June 1, 2011, with certain
exceptions, to obtain a food handler card within 30 days after
the date of hire.
7)Exempts from current law food handlers in Riverside, San
Bernardino, and San Diego counties, who are subject to
pre-existing local food handler programs.
8)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 and makes each food handler
responsible for maintaining a valid card for the duration of
his or her employment.
9)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 : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)PURPOSE OF THIS BILL . The author states that this bill is
needed to clarify current law relating to food handler
requirements established in SB 602 (Padilla), Chapter 309,
Statutes of 2010. Specifically, the author indicates that
this bill is intended as a clean up bill to stipulate that
food handlers are required to get a certification card
accredited by ANSI and to reduce confusion regarding which
entities are subject to current law by clarifying that it
applies to facilities that sell food for human consumption to
the general public.
2)FOOD HANDLER CERTIFICATION . According to the California
Restaurant Association (CRA), statewide food handler
certification is intended to provide employees who handle
non-prepackaged food with an overview of key elements of food
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safety in order to prevent the transmission of foodborne
illnesses. Food handler certification differs from food
protection manager certification in that manager certification
is only required of one person per food facility and includes
a more intensive training course that culminates in a lengthy
test that must be proctored. Food handler certification is
intended to supplement current manager certification
requirements. Both the course and test for food handlers is
required to be available online, and the test does not require
a proctor. Topics covered include foodborne illness, time and
temperature control, personal hygiene, cross-contamination
prevention, proper cleaning and sanitizing techniques, and
job-specific requirements. To obtain a food handler card,
applicants are required to take the food handler training
course and pass the assessment test with a score of at least
70%. Currently, the test and card must be issued from a
certification organization that is accredited as meeting
ANSI's standards for food protection manager certification
programs. The three organizations currently authorized to
issue a card are the National Registry of Food Safety
Professionals, the National Restaurant Association's ServSafe
California Food Handler Program, and, Prometric, a private
provider of testing and assessment services. At least one of
these vendors is required to offer the course for $15 or less
and the individual employee is responsible for paying for it.
This bill would revise the ANSI standard requirement to also
allow accredited training providers that meet ANSI's
International Standard Practice for Certification Programs to
provide the food handler training course and test in
California.
3)ANSI . ANSI is a private, non-profit organization that
oversees the development of voluntary consensus standards for
products, services, processes, systems, and personnel in the
U.S. Although ANSI itself does not develop standards, it
oversees the development and use of standards by accrediting
the procedures of organizations that develop the standards.
This process involves 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 process for any
participant alleging that these principles were not respected
during the standards-development process. ANSI works with the
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American Society for Testing and Materials, an international
standards organization that develops and publishes voluntary
consensus technical standards for a wide range of materials,
products, services, and systems.
4)CURRENT CLASSES OF HANDLERS & EXEMPTIONS . According to a
guidance document compiled by the California Retailer Food
Safety Coalition, the California Conference of Environmental
Health Directors, and CRA intended for food handlers, local
environmental health agencies, industry, and training
providers to assist in implementation of SB 602, most
restaurant positions are subject to the provisions of SB 602.
Food handlers are defined as individuals involved in the
preparation, storage, or service of food in a food facility.
The definition includes most restaurant employees such as
those holding the positions of, but not limited to: wait
staff, chefs, head cooks, cooks, bussers, bartenders, hosts
and hostesses who handle food, beverage pourers, and
supervisory personnel, such as the general manager or
managers, unless they are certified under the existing food
managers certification program. However, certain statutory
exemptions exist including food handlers in: temporary food
facilities (food booths); certified farmers' markets;
commissaries; grocery stores (including convenience stores);
licensed health care facilities; mobile support units; public
and private school cafeterias; restricted food service
facilities; retail stores where a majority of sales are from a
pharmacy; certain food facilities with approved inhouse food
safety training; unionized food facilities; food handlers
subject to pre-existing local food handler programs in the
counties of Riverside, San Bernardino, and San Diego; and,
food handlers holding a valid managers food safety
certificate.
5)According to the document, under current law, employees of a
company are allowed to be exempted from obtaining a card if
certain conditions are met, including that a state regulatory
agency has approved the company's internal training program;
the training is provided at no cost to employees during the
employee's normal work hours; and, the food facility provides,
upon request, satisfactory evidence to the local environmental
health officer, such as a listing on the regulatory agency's
Website or an approval letter from the regulatory agency,
specifying that the company's internal training program has
been approved by another state. Currently, the list of
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companies that provide food handler training programs to their
employees that qualify for exemptions under these
circumstances include such major chain restaurants as A & W
Restaurants, Burger King Corporation, Chevy's Fresh Mex,
Chick-fil-A, Inc., Chili's Bar and Grill Restaurants, Darden
Restaurants, Denny's, Kentucky Fried Chicken, McDonald's
Corporation, Panera Bread Bakery-Café, Taco Bell Corporation,
T.G.I.Friday's Restaurants, and Wendy's International, Inc.,
among others.
According to an April 2011 editorial in the Sacramento Bee,
once the various exemptions allowed under SB 602 are taken
into account, between 400,000 and 500,000 of the state's
estimated 1.4 million food service workers will be required to
obtain the cards.
6)PRIOR LEGISLATION .
a) SB 602 requires food handlers, with specified
exceptions, to obtain a card after taking a food safety
training course and passing an assessment beginning on June
1, 2011, and mandates at least one of the accredited food
safety certification examinations required under current
law to be offered online.
b) SB 453 (Padilla) of 2009, which was substantially
similar to SB 602, died on the Senate Appropriations
Committee Suspense File.
7)SUPPORT . CRA writes in support that this bill seeks to refine
the standard for approving food handler course providers and
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. The California Chamber of Commerce
states in support that it is prudent for businesses providing
food for public consumption to take all precautions possible
to prevent food contamination. The American Federation of
State, County and Municipal Employees, AFL-CIO, adds that the
clarifications in this bill will provide more stringency in
the regulation of food service workers in all parts of the
industry and protect Californians' health and safety. Lastly,
numerous sheriffs' offices write in support that this bill
alleviates concerns that jail facilities were not specifically
excluded under SB 602 as that would have been problematic
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since inmate labor is often used to assist in food preparation
and service.
8)TECHNICAL AMENDMENTS . On page 4, line 18 and line 24, delete
"Certification" and insert "Certificate".
9)AUTHOR'S AMENDMENT . Current law requires food handlers to
obtain a card, but this bill allows workers to obtain it by
one of two specified ways prior to January 1, 2012, and then
permits them to get it only from an ANSI-certified provider
after January 1, 2012. To be consistent with the intent of
current law, the author will be offering an amendment on page
4, line 21, to change "may" to "shall".
10)POLICY COMMENT . Given that this bill is estimated to impact
between 400,000 and 500,000 food service workers and most of
these employees make minimum wage, should there be a mechanism
in this bill to waive the $15 fee in the event that it creates
a financial hardship?
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County Sheriff-Coroner's Office
Amador County Sheriff's Office
American Federation of State, County and Municipal Employees,
AFL-CIO
Butte County Sheriff's Office
California Chamber of Commerce
California Restaurant Association
California State Sheriffs' Association
Fresno County Sheriff's Office
Kern County Sheriff's Department
Kings County Sheriff's Office
Lassen County Sheriff's Office
Modoc County Sheriff-Coroner's Office
Mono County Sheriff-Coroner's Office
Orange County Sheriff-Coroner's Office
Sacramento County Sheriff's Office
Santa Barbara County Board of Supervisors
Santa Cruz County Sheriff-Coroner's Office
Shasta County Sheriff's Office
Siskiyou County Sheriff's Office
Stanislaus County Sheriff-Coroner's Office
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Tuolumne County Sheriff's Office
Yolo County Sheriff's Office
Opposition
None on file.
Analysis Prepared by : Cassie Royce / HEALTH / (916) 319-2097