Bill Text: CA AB1532 | 2019-2020 | Regular Session | Amended

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

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Bill Title: Food facilities: food safety: employee knowledge.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-07-30 - Chaptered by Secretary of State - Chapter 131, Statutes of 2019. [AB1532 Detail]

Download: California-2019-AB1532-Amended.html

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Amended  IN  Assembly  April 03, 2019

Amended  IN  Assembly  March 18, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1532

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Introduced by Assembly Member Bauer-Kahan

February 22, 2019

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An act to amend Sections 113789, 113947, 113947.1, 113947.2, and 113947.3 of, and to add Section 113947.05 to, Section 113948 of the Health and Safety Code, relating to food facilities.

LEGISLATIVE COUNSEL'S DIGEST

AB 1532, as amended, Bauer-Kahan. Food facilities: food safety: employee knowledge.

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. Existing law defines “food facility” for these purposes as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, as specified, and includes, but is not limited to, school cafeterias and commissaries, among others. Existing law makes a person who violates a provision of the code guilty of a misdemeanor. Existing law requires a food handler to obtain a food handler card from a specified training provider after completing a food handler training course and examination that covers specified topics, including foodborne illness and food contamination. Existing law exempts from those requirements food handlers who are employed by certain facilities, including public and private school cafeterias.

This bill would clarify that “food facility” also includes an organized camp that serves food.

Existing law requires the person in charge of a food facility, as defined, to have adequate knowledge of major food allergens, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction, and to educate the employees at the food facility regarding that information.

This bill would additionally require all food handlers to have adequate knowledge of that information related to major food allergens.

Existing law requires food facilities that prepare, handle, or serve nonprepackaged, potentially hazardous food, except temporary food facilities, to have an owner or employee who has successfully passed an approved and accredited food safety certification examination. Existing law specifies the contents of that examination, including knowledge of foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction. Existing law requires the certification examination to be taken from a food protection manager certification organization accredited by the American National Standards Institute, as specified.

This bill would instead require an owner and all food handlers to successfully pass the certification examination. The bill would, commencing January 1, 2021, require the certification examination to include safe food handling practices for the major food allergens as they relate to the specified food preparation activities that occur at a food facility, and would require the food protection manager certification organization to additionally be accredited by a nationally organized allergy organization.

This bill would provide that the food handler card requirements described above apply to food handlers who are employed by a retail food facility or an organized camp, as defined, that is subject to the California Retail Food Code. The bill would also require, by January 1, 2021, that the food handler training course described above include major food allergens and symptoms of allergic reactions, as specified.

By expanding the scope of existing crimes and by imposing new duties on local health officials, this bill would impose a state-mandated local program.

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  

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Bill Text

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

SECTION 1.

 This act shall be known, and may be cited, as the Natalie Giorgi Sunshine Act.

SEC. 2.

 The Legislature finds and declares all of the following:

(a) As many as 15,000,000 people in the United States have a food allergy.

(b) Research indicates the prevalence of food allergies is increasing among children. Nearly 6,000,000 children under 18 years of age have a food allergy.

(c) The eight foods that cause the majority of all food allergy reactions in the United States are fish, shellfish, milk, eggs, tree nuts, peanuts, soy, and wheat.

(d) Symptoms of a food allergy reaction include hives, vomiting, diarrhea, respiratory distress, and swelling of the throat. Anaphylaxis is a serious allergic reaction that is rapid in onset and may cause death.

(e) According to the federal Centers for Disease Control and Prevention, food allergies result in more than 200,000 ambulatory care visits a year involving children under 18 years of age. The number of food allergy reactions requiring emergency treatment has sharply increased over the last decade, with a 377-percent rise in individuals receiving medical treatment for anaphylaxis. Reactions typically occur when an individual unknowingly eats a food containing an ingredient to which the individual is allergic.

(f) On July 27, 2013, Natalie Marie Giorgi tragically passed away at 13 years of age from a severe allergic reaction to peanuts while attending camp.

(g) There is no cure for food allergies and scientists do not understand why allergies occur. Strict avoidance of the offending food is the only way to prevent an allergic reaction.

SEC. 3.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)Microenterprise home kitchen operations.

(13)Catering operation.

(14)Host facility.

(15)An organized camp, as defined in Section 18897, that serves food.

(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 when used for private, noncommercial purposes or when used as 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.

(14)A limited service charitable feeding operation, as defined in Section 113819.

SEC. 4.Section 113947 of the Health and Safety Code is amended to read:

113947.

(a)The person in charge and all food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned duties.

(b)The person in chargeand all food handlers shall have adequate knowledge of major food allergens, foods identified as major food allergens, and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.

(c)The person in charge shall educate all employees at the food facility regarding the information described in subdivision (b), which the person in charge may elect to accomplish by, among other methods, using a poster or job aid to which the employee can refer.

(d) For purposes of this section, “person in charge” means a designated person who has knowledge of safe food handling practices and the major food allergens as they relate to the specific food preparation activities that occur at the food facility.

SEC. 5.Section 113947.05 is added to the Health and Safety Code, to read:

113947.05.

A food facility that meets the definition of an authorized entity, as specified in paragraph (2) of subdivision (a) of Section 1797.197a, may possess, and make available for use, epinephrine auto-injectors in accordance with Section 1797.197a.

SEC. 6.Section 113947.1 of the Health and Safety Code is amended to read:

113947.1.

(a)Food facilities that prepare, handle, or serve nonprepackaged, potentially hazardous food, except temporary food facilities, shall have an owner and all food handlers successfully pass an approved and accredited food safety certification examination, as specified in Sections 113947.2 and 113947.3.

(b)Food facilities that are not subject to the requirements of subdivision (a) that prepare, handle, or serve nonprepackaged, nonpotentially hazardous foods, except temporary food facilities, shall do one of the following:

(1)Have an owner and all food handlers successfully pass an approved and accredited food safety certification examination, as specified in Sections 113947.2 and 113947.3.

(2)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.

(c)Temporary food facilities that prepare, handle, or serve nonprepackaged food shall have an owner or person in charge who can demonstrate to the enforcement officer that they have an adequate knowledge of food safety principles as they relate to the specific food facility operation.

(d)(1)For the purposes of this section, multiple contiguous food facilities permitted within the same site and under the same management, ownership, or control shall be deemed to be one food facility, notwithstanding the fact that the food facilities may operate under separate permits.

(2)This subdivision shall not apply to the premises of a licensed winegrower or brandy manufacturer utilized for wine tastings conducted pursuant to Section 23356.1 of the Business and Professions Code of wine or brandy produced or bottled by, or produced and prepackaged for, that licensee when use is limited to wine tasting.

(e)A food facility that commences operation, changes ownership, or no longer has a certified owner or employee pursuant to this section shall have 60 days to comply with this subdivision.

(f)The responsibilities of a certified owner or employee at a food facility or an owner or person in charge of a temporary food facility described in subdivision (c) shall include the safety of food preparation and service, including ensuring that all employees who handle, or have responsibility for handling, nonprepackaged foods of any kind, have sufficient knowledge to ensure the safe preparation or service of the food, or both. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee’s duties related to food safety issues.

(g)The food safety certificate issued pursuant to Section 113947.3 shall be retained on file at the food facility at all times, and shall be made available for inspection by the enforcement officer.

(h)Certified individuals shall be recertified every five years by passing an approved and accredited food safety certification examination.

(i)A food safety program that was not in effect prior to January 1, 1999, shall not be enacted, adopted, implemented, or enforced, unless the program fully conforms to the requirements of this part.

SEC. 7.Section 113947.2 of the Health and Safety Code is amended to read:

113947.2.

The food safety certification examination for purposes of Section 113947.1 shall include, but need not be limited to, all of the following elements of knowledge:

(a)Foodborne illness, including terms associated with foodborne illness, micro-organisms, hepatitis A, and toxins that can contaminate food and the illness that can be associated with contamination, definition and recognition of potentially hazardous foods, chemical, biological, and physical contamination of food, and the illnesses that can be associated with food contamination, and major contributing factors for foodborne illness.

(b)The relationship between time and temperature with respect to foodborne illness, including the relationship between time and temperature and micro-organisms during the various food handling, preparation, and serving states, and the type, calibration, and use of thermometers in monitoring food temperatures.

(c)The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to foodborne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices.

(d)Methods of preventing food contamination in all stages of food handling, including terms associated with contamination and potential hazards prior to, during, and after delivery.

(e)Procedures for cleaning and sanitizing equipment and utensils.

(f)Problems and potential solutions associated with facility and equipment design, layout, and construction.

(g)Problems and potential solutions associated with temperature control, preventing cross-contamination, housekeeping, and maintenance.

(h)Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction.

(i)On and after January 1, 2021, safe food handling practices for the major food allergens, as defined in Section 113820.5, as they relate to the specified food preparation activities that occur at a food facility, including, but not limited to, training on avoidance of allergen cross-contamination.

SEC. 8.Section 113947.3 of the Health and Safety Code is amended to read:

113947.3.

(a)Food safety certification required pursuant to Section 113947.1 shall be achieved by successfully passing an examination from an accredited food protection manager certification organization. The certification organization shall be accredited by the American National Standards Institute as meeting the requirements of the Conference for Food Protection’s “Standards for Accreditation of Food Protection Manager Certification Programs,” and commencing January 1, 2021, by a nationally organized allergy organization. Those food employees who successfully pass an approved certification examination shall be issued a certificate by the certifying organization. The issuance date for each original certificate issued pursuant to this section shall be the date when the individual successfully completes the examination. Certificates shall be valid for five years from the date of original issuance. Any replacement or duplicate certificate shall have as its expiration date the same expiration date that was on the original certificate.

(b)(1)By July 20, 2008, the department, in consultation with the California Conference of Directors of Environmental Health, representatives of the retail food industry, and other interested parties, shall develop and implement a program for the purposes of demonstrating adequate knowledge for operators of temporary food facilities.

(2)At least one of the accredited food safety certification examinations shall cost no more than sixty dollars ($60), including the certificate. However, the department may adjust the cost of food safety certification examinations to reflect actual expenses incurred in producing and administering the food safety certification examinations required under this section. If a food safety certification examination is not available at the price established by the department, the certification and recertification requirements relative to food safety certification examinations imposed by this section shall not apply.

(3)At least one of the accredited food safety certification examinations shall be offered online.

(4)An accredited food safety certification examination that is provided with an in-person trainer-led class or is offered online shall be proctored under secure conditions to protect the validity of the food protection manager certification examination.

SEC. 3.

 Section 113948 of the Health and Safety Code is amended to read:

113948.

 (a) (1) Subject to the exceptions described in subdivision (d), a food handler who is hired prior to June 1, 2011, shall obtain a food handler card on or before July 1, 2011. Subject to the exceptions described in subdivision (d), a food handler who is hired on or after June 1, 2011, shall obtain a food handler card within 30 days after the date of hire. Each food handler shall maintain a valid food handler card for the duration of his or her the food handler’s employment as a food handler.

(2) Food handler cards shall be valid for three years from the date of issuance, regardless of whether the food handler changes employers during that period.

(3) A food handler card shall be recognized throughout the state, except in jurisdictions described in subdivision (e).

(b) (1) Prior to January 1, 2012, a food handler may obtain a food handler card from either one of the following:

(A) An American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs.

(B) A food protection manager certification organization described in Section 113947.3.

(2) Commencing January 1, 2012, a food handler shall obtain a food handler card only from an American National Standards Institute (ANSI) accredited training provider that meets ASTM International E2659-09 Standard Practice for Certificate Programs.

(3) A food handler card shall be issued only upon successful completion of a food handler training course and examination that meets at least all of the following requirements:

(A) (i) The course provides basic, introductory instruction on the elements of knowledge described in subdivisions (a), (b), (c), (d), (e), and (g) of Section 113947.2.

(ii) On or before January 1, 2021, the course shall include instruction on the elements of knowledge described in paragraph (1) of subdivision (b) of Section 113947 that are consistent with recommendations from a nationally organized allergy organization.

(B) The course and examination is designed to be completed within approximately two and one-half hours.

(C) The examination consists of at least 40 questions regarding the required subject matter.

(D) A minimum score of 70 percent on the examination is required to successfully complete the examination.

(c) The food handler training course and examination may be offered through a trainer-led class and examination, through the use of a computer program or the Internet, or through a combination of trainer-led class and the use of a computer program or the Internet. The use of the computer program or Internet shall have sufficient security channels and procedures to guard against fraudulent activity. However, this subdivision shall not be construed to require the presence or participation of a proctor during a food handler training course examination that is provided through a computer program or the Internet.

(d) This section shall apply to a food handler who is employed by a food facility, as defined in Section 113790, or an organized camp, as defined in Section 18897, consistent with Section 30730 of Title 17 of the California Code of Regulations.

(d)

(e) This section shall not apply to a food handler who is employed by any of the following:

(1) Certified farmer’s markets.

(2) Commissaries.

(3) Grocery stores, except for separately owned food facilities to which this section otherwise applies that are located in the grocery store. For purposes of this paragraph, “grocery store” means a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry and any area that is not separately owned within the store where food is prepared and served, including a bakery, deli, and meat and seafood counter. “Grocery store” includes convenience stores.

(4) Licensed health care facilities.

(5) Mobile support units.

(6) Public and private school cafeterias.

(7) Restricted food service facilities.

(8) Retail stores in which a majority of sales are from a pharmacy, as defined in Section 4037 of the Business and Professions Code, and venues with snack bar service in which the majority of sales are from admission tickets, but excluding any area in which restaurant-style sit-down service is provided.

(9) A food facility that provides in-house food safety training to all employees involved in the preparation, storage, or service of food if all of the following conditions are met:

(A) The food facility uses a training course that has been approved for use by the food facility in another state that has adopted the requirements described in Subpart 2-103.11 of the 2001 edition of the model Food Code, not including the April 2004 update, published by the federal Food and Drug Administration.

(B) Upon request, the food facility provides evidence satisfactory to the local enforcement officer demonstrating that the food facility training program has been approved for use in another state pursuant to subparagraph (A).

(C) The training is provided during normal work hours, and at no cost to the employee.

(10) A food facility that is subject to a collective bargaining agreement with its food handlers.

(11) Any city, county, city and county, state, or regional facility used for the confinement of adults or minors, including, but not limited to, a county jail, juvenile hall, camp, ranch, or residential facility.

(12) An elderly nutrition program, administered by the California Department of Aging, pursuant to the Older Americans Act of 1965 (42 U.S.C. Sec. 3001 et seq.), as amended.

(e)

(f) The requirements of this section shall not apply to a food handler subject to an existing local food handler program that took effect prior to January 1, 2009.

(f)

(g) Each food facility that employs a food handler subject to the requirements of this section shall maintain records documenting that each food handler employed by the food facility possesses a valid food handler card, and shall provide those records to the local enforcement officer upon request.

(g)

(h) At least one food handler training course and examination shall cost no more than fifteen dollars ($15), including a food handler card. If a food handler training course and examination is not available at that cost, the requirement to obtain a food handler card imposed by this section shall not apply.

SEC. 9.SEC. 4.

 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.