Bill Text: CA AB1461 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Food facility employee: food handler cards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2018-01-12 - Stricken from file. [AB1461 Detail]

Download: California-2017-AB1461-Amended.html

---

Amended  IN  Assembly  April 17, 2017

Amended  IN  Assembly  April 06, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1461

---

Introduced by Assembly Member Thurmond

February 17, 2017

---

An act to amend Section 113789 add Chapter 11.2 (commencing with Section 114364) to Part 7 of Division 104 of the Health and Safety Code, relating to food.

LEGISLATIVE COUNSEL'S DIGEST

AB 1461, as amended, Thurmond. Food facilities: facility employee: food handler cards.

Existing

(1) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, and requires local health agencies to enforce these provisions. The code defines food facility to mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, and includes, among others, public and private school cafeterias, and excludes, among others, private homes. The code requires a food handler to obtain a food handler card, as specified, and to maintain the card for the duration of his or her employment as a food handler. A person who violates any provision of the code is guilty of a misdemeanor, except as otherwise provided.

This bill would include within the definition of food facility a business organized for profit to receive food orders and fulfill those orders, except as specified, if the employee works, in whole or in part, with unpackaged food for purposes of the food handler card requirements. require an employee of a food facility who is a food handler, as those terms are specified for the purposes of this act, to obtain a food handler card. By imposing duties on local officials and creating a new crime, the bill would impose a state-mandated local program.

The

(2) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 113789 of the Health and Safety Code is amended to read:

113789.

(a)“Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:

(1)An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.

(2)A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials.

(b)“Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following:

(1)Public and private school cafeterias.

(2)Restricted food service facilities.

(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c).

(4)Commissaries.

(5)Mobile food facilities.

(6)Mobile support units.

(7)Temporary food facilities.

(8)Vending machines.

(9)Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370.

(10)Farm stands, for purposes of permitting and enforcement pursuant to Section 114375.

(11)Fishermen’s markets.

(12)A business organized for profit to receive food orders and fulfill those orders, except as provided in subdivision (c), if the employee works, in whole or in part, with unpackaged food for purposes of the food handler card requirements specified in Sections 113790 and 113948.

(c)“Food facility” does not include any of the following:

(1)A cooperative arrangement wherein no permanent facilities are used for storing or handling food.

(2)A private home, including a cottage food operation that is registered or has a permit pursuant to Section 114365.

(3)A church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs not more than three days in any 90-day period.

(4)A for-profit entity that gives or sells food at an event that occurs not more than three days in a 90-day period for the benefit of a nonprofit association, if the for-profit entity receives no monetary benefit, other than that resulting from recognition from participating in an event.

(5)Premises set aside for wine tasting, as that term is used in Section 23356.1 of the Business and Professions Code, or premises set aside by a beer manufacturer, as defined in Section 25000.2 of the Business and Professions Code, and in the regulations adopted pursuant to those sections, that comply with Section 118375, regardless of whether there is a charge for the wine or beer tasting, if no other beverage, except for bottles of wine or beer and prepackaged nonpotentially hazardous beverages, is offered for sale or for onsite consumption and no food, except for crackers, pretzels, or prepackaged food that is not potentially hazardous food is offered for sale or for onsite consumption.

(6)An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.

(7)A commercial food processing establishment, as defined in Section 111955.

(8)A child day care facility, as defined in Section 1596.750.

(9)A community care facility, as defined in Section 1502.

(10)A residential care facility for the elderly, as defined in Section 1569.2.

(11)A residential care facility for the chronically ill, which has the same meaning as a residential care facility, as defined in Section 1568.01.

(12)(A)An intermediate care facility for the developmentally disabled, as defined in subdivisions (e), (h), and (m) of Section 1250, with a capacity of six beds or fewer.

(B)A facility described in subparagraph (A) shall report any foodborne illness or outbreak to the local health department and to the State Department of Public Health within 24 hours of the illness or outbreak.

(13)A community food producer, as defined in Section 113752.

SECTION 1.

 Chapter 11.2 (commencing with Section 114364) is added to Part 7 of Division 104 of the Health and Safety Code, to read:

CHAPTER  11.2. Food Facility Employee

114364.

 An employee of a food facility, as defined in Section 113789 and that is also a business organized for profit to receive and fulfill food orders, who is a food handler, as defined in Section 113790 and who also works in whole or in part with unpackaged food, shall obtain a food handler card in accordance with Section 113948.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.