SB 476: What You Need To Know About California's New Food Safety Law

California's food service industry is going through some big changes thanks to the implementation of Senate Bill 476, the "Food Handler Training Equity Act." This legislation represents a big step towards improving food safety and promoting equity within the workforce. Let's dive into what this law entails, how it benefits food workers and employers, and what it means for businesses in the food service sector.
What is SB 476?
California SB 476 was signed into law on October 8, 2023, and officially enacted on January 1, 2024. Prior to this, the responsibility of getting and paying for food handler training solely rested on employees. This used to be a big problem, particularly for low-wage workers, to enter the food service industry. The law now says that employers are responsible for covering all costs associated with their employees' obtaining a California food handler card.
Specifically, employers must now bear the following expenses:
- Training program fees: Covering the cost of the course itself, materials, and any required examinations.
- Employee time: Compensating employees for the time invested in completing the training and exam at their regular pay rate.
- Other incidental costs: Reimbursing employees for any additional expenses incurred, such as travel or childcare, necessary for the training process.
Other Key Provisions
Besides the additional expenses employers are expected to face, the implementation of SB 476 also sees other changes, including:
- Relief of Work Duties: Employees are entitled to relief from their regular work duties while undergoing food handler training and examination. This provision ensures that employees can focus entirely on acquiring the necessary skills and knowledge without the distraction of their usual job responsibilities.
- Removal of Employment Condition: Employers are prohibited from making possession of a food handler card a prerequisite for employment. This provision ensures that individuals are not unfairly excluded from job opportunities due to a lack of certification.
Who Needs to Comply With SB 476?
SB 476 applies to all food service operations in the state of California. This includes a wide range of businesses and individuals who handle or prepare food, not just restaurants.
Some specific examples include:
- Restaurants of all types: Fast food, casual dining, fine dining, cafeterias, etc.
- Catering companies: Mobile caterers, event caterers, food trucks, etc.
- Grocery stores: Including deli counters, bakery departments, salad bars, etc.
- Convenience stores: If they sell prepared food or offer hot food options.
- Coffee shops: Especially those that offer food items beyond just pastries.
- Bars and nightclubs: If they offer snacks or prepared food options.
- Schools and universities: Food service staff in cafeterias and catering operations.
- Hospitals and healthcare facilities: Staff preparing patient meals or operating food service departments.
- Organized camps and recreational facilities: Staff responsible for preparing or serving food.
It’s not just employees who need to comply with SB 476. Anyone who volunteers their time at a food service operation and handles or prepares food also falls under the law's requirements. This includes volunteers at soup kitchens, community events, school functions, and more.
How Long Do Employees Have To Get Their Food Handler Card in California?
Under SB 476, newly hired employees in a position that requires a food handler card in California must obtain the card within 30 days of their start date. This is the employer's responsibility to ensure and coordinate.
Existing employees who do not already have a valid food handler card are encouraged to get one as soon as possible, although there is no specific deadline mandated by SB 476. However, employers may create their own internal policies regarding timeframes for employees to acquire the card.
Exemptions to SB 476
While SB 476 applies broadly to most food service operations in California, there are a few specific exemptions to the employer-funded food handler training requirement:
- Certified Farmers’ Markets: Food vendors at certified farmers markets are exempt from requiring food handler cards if they only sell pre-packaged or individually wrapped food items that do not require further preparation or handling before consumption.
- Commissaries: Food facilities that solely prepare food for other food businesses and do not directly serve consumers are exempt from the training requirement.
- Private Home-Based Businesses: Individuals operating private home-based businesses selling or offering prepared food solely within their own residences are exempt. However, if they operate outside their homes or cater events, they may need to comply.
Stay Compliant With Learn2Serve
If you are looking for an affordable and easy solution to comply with the requirements of SB 476 for the California Food Handler Card, we can help! Our California Food Handler course is ANSI National Accreditation Board (ANAB) accredited, 100% online and mobile-friendly, and available in English and Spanish.
If your business also sells alcohol, we recommend our convenient package that includes California Responsible Beverage Service (On-Premise) and ANAB-Accredited Food Handler training all in one.
Located in San Diego? We offer a stand-alone California Food Handlers San Diego County Specific Course, as well as a package that includes RBS Alcohol (On-Premise) Training.
Take the first step toward a safer, fairer food industry by registering your employees today!