BILL ANALYSIS �
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:
0
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
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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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