Most restaurant positions are subject to the California Food Handler Card Law. Food handlers are defined as individuals involved in the preparation, storage or service of food in a food facility. 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 in-house food safety training, food facilities subject to a collective bargaining agreement, food handlers subject to the local food handler programs in the counties of Riverside, San Bernardino and San Diego and food handlers holding a valid Manager's Food Safety Certificate pursuant to current food safety law. The definition therefore effectively includes most restaurant employees such as those holding the positions of, but not limited to: wait staff, chefs, head cooks, cooks, bussers, bartenders, host/hostesses that handle food, beverage pourers (including alcoholic beverage pourers), and supervisory personnel, such as the general manager or managers (unless they are certified under the existing food managers certification program). The law applies to both salaried and hourly food handlers.

1. COURSE: You must take a course (meeting the specifications for courses as outlined in the law).
2. ASSESSMENT: (hereinafter referred to as "test"): You must take a test and pass with a score of 70 percent or higher. There are several providers who may offer the course. However, the test and food handler card must be issued from a certification organization that is accredited as meeting the requirements of the Conference for Food Protection's "Standards for Accreditation of Food Protection Manager Certification Programs." These organizations are:
   
   
   • National Registry of Food Safety Professionals: www.NRFSP.com
   
   
   • National Restaurant Association (ServSafe® California Food Handler program): www.FoodHandlerUSA.com
   
   
   • Prometric: www.prometric.com/foodsafety
   
   

Generally, no. The California food handler card is valid for three years from the date of issuance and belongs to the individual food handler it is issued to, regardless of whether the food handler changes employers during that period or whether the food handler works for two or more different restaurants concurrently. However, food handlers in Riverside, San Bernardino and San Diego counties are subject to pre-existing local food handler card programs and pursuant to the California Food Handler Card Law, food handlers in these three counties are exempt from the California Food Handler Card Law while working in these three counties. However, if a food handler works in one of these three counties, and also works in a restaurant outside one of these three counties, then they would have to obtain a California Food Handler Card for the restaurant outside these three counties in addition to being subject to a local food handler card requirement for the three counties.

A California food handler card is valid everywhere in California except in Riverside, San Bernardino and San Diego counties which have pre-existing local food handler card programs. Consult with the local enforcement agencies in each of these counties to obtain information on their local food handler programs and requirements.

The California Food Handler Card Law states that food handler training courses and tests may be offered through a trainer-led class and test, or online. Currently, the three organizations who can issue valid food handler cards are:

• National Registry of Food Safety Professionals: www.NRFSP.com
• National Restaurant Association (ServSafe® California Food Handler program): www.FoodHandlerUSA.com
• Prometric: www.prometric.com/foodsafety

Not if you only work in Riverside County. Food handlers who work in Riverside, San Bernardino or San Diego counties need to obtain a county specific food handler card because those three counties have pre-existing local food handler programs. However, if an employee works in San Diego, Riverside or San Bernardino counties, as well as an establishment outside those counties, they also will need a California food handler card as it is required in all the other counties in the state.

Yes, you must still obtain a California food handler card to work in the restaurant in Orange County. San Diego County has its own pre-existing local food handler card program and the locally issued San Diego food handler cards are only valid in San Diego County. Also, a California food handler card is not valid in San Diego County as fulfilling the San Diego local food handler requirement. The above rule applies to food handlers in San Bernardino and Riverside Counties as they have preexisting local food handler programs in place as well.

No. Other state's food handler cards are not valid in California.

No. Anyone who holds a valid Manager's Food Safety Certification doesn't need a California food handler card. However, if you're a manager without the Manager's Food Safety Certification and you are a food handler, you'll need a California food handler card.

You must obtain a food handler card within 30 days of hire. The law states that food handlers hired prior to June 1, 2011 must obtain a food handler card on or before July 1, 2011. Food handlers hired on or after June 1, 2011 have to obtain a food handler card within 30 days after the date of hire.

Yes. Regardless of age or the amount of time working in a restaurant, food handlers must have a valid California food handler card for the duration of employment as a food handler.

As a food handler, you are responsible for taking the food handler course and test. This is required by the California Food Handler Card Law for food handlers. Food handlers must obtain a valid California food handler card from an organization as specified (see "Only accredited Food Protection Manager Certification organizations can offer valid Food Handler Cards" section above) and maintain a valid food handler card for the duration of his or her employment as a food handler. The food handler card is issued to the individual food handler taking and passing the test, and is valid for three years from the date of issuance, regardless of whether the food handler changes employers during that period.

Under this law, employers are responsible for maintaining records documenting that each food handler employed by them possesses a valid food handler card. These records must be provided to the local enforcement officer upon request. An example of proper documentation would be for the employer to maintain copies of the food handlers' cards on file and have them available upon request by the health inspector.

No. The California Food Handler Card Law does not require employers to pay for the food handler's training and test. The food handler card is the property of the restaurant employee, which allows the employee to change jobs without having to obtain a new food handler card.

No. A California food handler card is issued to the individual food handler and can be used wherever the food handler works, whether it is a new restaurant or multiple restaurants concurrently. The only exception is for the three exempt counties of Riverside, San Bernardino and San Diego. A California Food Handler Card is not valid in these three counties as food handlers working in the three counties are subject to pre-existing local food handler programs. Consult with the local enforcement agencies in each of these counties to obtain information on their local food handler programs and requirements.

No, volunteers are not required to obtain a California food handler card. The law only applies to food handlers who are "hired" by subject food facilities. Food handlers who work in a food facility on a regular basis and benefit financially from the business are not considered volunteers (e.g., family members/owners).

Yes. The law applies to all subject food handlers irrespective of whether they work part-time, full-time or are a temporary employee.

No. The law provides that if a food facility is subject to a collective bargaining agreement with its food handlers, then the food facility is exempt (meaning that all food handlers employed by that food facility are exempt).

No. If you are an employee of the grocery store or demonstration company, then you do not have to obtain a food handler card as grocery stores are exempt and demonstration companies are not permitted as food facilities.

Grocery stores are exempt from the California Food Handler Card Law. Grocery store is defined as 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.

No. The employer is required to maintain records verifying that the employee(s) has a valid food handler card.

If you are handling food items, such as hand-stocking shelves, and are employed at a non-exempt food facility (e.g. restaurant, bar, deli food facility, sports stadium, or food court), then you are required to have a food handler card. However, if you work in a food distribution center or commercial warehouse that is not permitted as a retail food facility and you are handling only case goods which will be distributed to retail facilities, you do not need to obtain a food handler card.

No. Hospital employees are not required to have a food handler card.

The law applies to places that are permitted as a food facility. While hotels, themselves are not permitted as food facilities generally, certain parts or locations within a hotel are separately permitted as food facilities. So, if you are employed at the hotel's restaurant, work in the kitchen that provides room service to hotel guests, or if the facility is permitted as a food facility (e.g. restaurant, bar, cafeteria, deli), then yes, a food handler card is required because these are permitted as food facilities.

A: The law requires employers to maintain records satisfactory to the local enforcement officer 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. Failure to maintain records that all food handlers meet the requirements of the Food Handler Law would constitute a violation of the California Retail Food Law, which may be prosecuted as a misdemeanor. An example of acceptable records would be to maintain copies of the employees' food handler cards at the food facility.

Most restaurant positions are subject to the California Food Handler Card Law. Food handlers are defined as individuals involved in the preparation, storage or service of food in a food facility. However, certain statutory exemptions exist including food handlers in: temporary food facilities, 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 in-house food safety training, food facilities subject to a collective bargaining agreement, food handlers subject to the local food handler programs in the counties of Riverside, San Bernardino and San Diego and food handlers holding a valid Food Protection Manager Certification pursuant to current food safety law.

No. The California Food Handler Card Law does not require employers to pay for the food handler's training and test. The food handler card is the property of the employee. However, if an employer avails itself of the exemption provided in the law authorizing employers to use a food safety training program approved for use in another state (as specified), then the training must be provided during normal work hours, at no cost to the employee.

Food handlers who are hired prior to June 1, 2011, must obtain a valid California food handler card on or before July 1, 2011. Food handlers hired on or after June 1, 2011, must obtain a valid food handler card within 30 days after the hire date.

Maybe. An in house food safety training program is compliant with the California Food Handler Card Law if certain requirements are met:

1. 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; and
2. 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 above provision; and
3. The training is provided during normal work hours, and at no cost to the employee.

A Licensed Healthcare Facility is a facility that is licensed by the California Department of Licensing and Certification. These facilities are categorized as follows:

• Skilled Nursing Facility (SNF),
• Intermediate Care Facility (ICF),
• Intermediate Care Facility - Developmentally Disabled (ICF-DD),
• Intermediate Care Facility - Developmentally Disabled Habilitative (ICF-DDH),
• Intermediate Care Facility - Developmentally Disabled Nursing (ICF-DDN),
• Congregate Living Health Facility (CLHF),
• Pediatric Day Health and Respite Care Facility (PDHRCF),
• General Acute Care Hospital (GACH),
• Acute Psychiatric Hospital (APH).

These operations are permitted and inspected by the California Department of Public Health. The kitchens are also subject to most Cal Code requirements. However, the employees of these kitchens or food preparation areas within these facilities are exempt from food handler card requirements.

All accredited training providers must be in compliance with the Americans with Disabilities Act (ADA). This would mean reasonable appropriate accommodations would have to be made such as offering an oral examination or test in standardized secure conditions.

Often training providers are able to offer the training and test in other languages, but there is no legal requirement to do so under the state law. Often training providers offer courses/tests in different languages. Please contact the training providers directly for more information.

1. COURSE: You must take a course (meeting the specifications for courses as outlined in the law).
2. ASSESSMENT: (hereinafter referred to as "test"): You must take a test and pass with a score of 70 percent or higher. There are several providers who may offer the course. However, the test and food handler card must be issued from a certification organization that is accredited as meeting the requirements of the Conference for Food Protection's "Standards for Accreditation of Food Protection Manager Certification Programs." These organizations are:
   
   
   • National Registry of Food Safety Professionals: www.NRFSP.com
   
   
   • National Restaurant Association (ServSafe® California Food Handler program): www.FoodHandlerUSA.com
   
   
   • Prometric: www.prometric.com/foodsafety
   
   

The law states that the course and test must be designed to be completed within approximately two-and-a-half hours and that the test must have at least 40 questions.

The law requires that the course provides basic, introductory instruction on the below listed six elements:

1. Food borne illness, including terms associated with food-borne 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 food-borne illness.
2. The relationship between time and temperature with respect to food-borne 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.
3. The relationship between personal hygiene and food safety, including the association of hand contact, personal habits and behaviors, and food employee health to food-borne illness, and the recognition of how policies, procedures, and management contribute to improved food safety practices.
4. 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.
5. Procedures for cleaning and sanitizing equipment and utensils.
6. Problems and potential solutions associated with temperature control, preventing cross-contamination, housekeeping and maintenance.

Yes. A California food handler card is valid for three years from the date of issuance. Food handlers must retake the course and test upon expiration in order to maintain a valid food handler card.

Training providers, as part of their accreditation, must adhere to Americans with Disabilities Act (ADA) guidelines. This includes evaluating requests for special arrangements for learning and testing. If the "condition" does not fall under the scope of the ADA guidelines, it would be up to the discretion of the training provider. The main consideration would be if the special arrangement does not unfairly affect the individuals who are not receiving special arrangements. All of the policies and procedures of the training provider must be fair and equitable.

There is only one stipulation in the law regarding food handler cards. At least one food handler training and testing provider must offer the course for $15.00 or less; however, it is up to each food handler training and testing provider to determine the cost of their products and services.

A California food handler card is valid statewide, except for in the counties of Riverside, San Bernardino, and San Diego, which are exempt from the law based on having a previous food handler program in place.

California will use Florida's approved vendor list as one way to determine which companies have an approved Food Handler Training program. Employees working for companies on Florida's list are exempt from the food handler card requirements if the training is provided free of charge to employees during normal work hours. A list of companies operating in California and exempted by Florida can be found below and the full list of companies with approved programs may be found at: http://www.myfloridalicense.com/dbpr/hr/food-lodging/documents/fs_training_list.pdf

1. A&W Restaurants
2. Bennigan's Grill & Tavern/Metromedia Restaurant Group
3. Bonanza Restaurants/Metromedia Restaurant Group
4. Burger King Corporation
5. Carlson Restaurants Worldwide
6. Captain D's Seafood, Inc.
7. Carrabba's Italian Grill
8. Chart House Enterprise
9. Chevys Fresh Mex
10. Chez Pierre
11. Chick-fil-A, Inc
12. Chili's Bar and Grill Restaurants
13. Darden Restaurants
14. Denny's
15. Friendly's
16. Golden Corral
17. HMSHost
18. Hooters of America, Inc.
19. Kentucky Fried Chicken (KFC)
20. Long John Silver's
21. Marriott International, Inc.
22. McDonald's Corporation
23. Medieval Times
24. On the Border Restaurants
25. Panera Bread Bakery-Café
26. Papa John's International
27. Pizza Hut
28. Ponderosa Steakhouse / Metromedia Restaurant Group
29. Popeye's Chicken
30. Ritz Carlton, The
31. Roadhouse Grill, Inc
32. Romacorp, Inc. (Tony Romas)
33. Steak n Shake, Inc.
34. Taco Bell Corp.
35. T.G.I Friday's/Carlson Restaurants Worldwide
36. UNO Restaurant Corp.
37. Wendy's International, Inc.

Based on review, it has been determined that the only state program that is currently compliant with this provision is the Florida state program. If a food facility believes that its program has been approved by another state that meets the requirements of the California Food Handler Card Law, please direct your inquiry to the CRFSC Sub Committee C by visiting http://www.crfsc.org/.

The State of Florida is the only state we are currently aware of with a list of companies that have approved food handler training programs that are in compliance with the California Food Handler Card Law. The California Food Handler Card Law spells out the criteria for having employees of a company exempted from the food handler card requirements. These criteria are:

1. A state regulatory agency has approved the company's internal training program.
2. The state regulatory agency has adopted the requirements listed in 2-103.11 of the 2001 FDA Food Code, not including the 2004 update.
3. The training is provided at no cost to employees during the employee's normal work hours.
4. Upon request, the food facility provides evidence satisfactory to the local enforcement officer that the program has been approved by another state.

i. Examples of 'satisfactory evidence', as mentioned above in bullet 4, could include a listing on a regulatory agencies' website or an approval letter from the regulatory agency.

Upon inspection, if a food handler is found to have taken a course or test that is not approved, operators are advised by inspectors that the employee must retake the training or test from an approved provider to be in compliance with the law.

Between July 1, 2011 and January 1, 2012, neither major nor minor violations will be documented. During this six month period, enforcement of the law will be limited to education and notification of requirements for compliance. After January 1, 2012, documented violations will fall into the minor category. To obtain specific information regarding point deductions, contact your local enforcement agency.

No. Currently, there is an exemption for in-house training programs approved in another state, but this exemption only applies to in-house training programs for "food facilities," not training and testing companies. Currently, the California Food Handler Law only allows food handler cards to be issued by three companies - 1) National Registry of Food Safety Professionals, 2) National Restaurant Association, and 3) Prometric. If Senate Bill 303 is approved later this year, this requirement will change and will allow training providers with an ANSI ASTM 2659 accredited training program and test to provide food handler cards in California.

No. There is an exemption for food handlers employed by food facilities whose in-house training programs has been approved in another state meeting certain requirements, but this exemption only applies for those food facilities if they provide the in-house training to their own employees. This exemption is not available to entities that are not food facilities.

Yes, but only for your franchise locations. Since the Florida approval was for your specific franchise and not for the national chain as a whole, it cannot be used by the national chain or other franchisees. The exemption only exempts the food facility who received approval for their training program and only if that food facility provides training to their California employees during normal work hours at no cost to the employee.

The original law was enacted by the passage of SB 602 in 2010 (Health and Safety Code 113790 et seq.). Since then, concerns have been raised by industry, food safety training organizations, training providers and local enforcement agencies over the implementation of the new law and the July 1, 2011 compliance deadline. CCDEH is working with the California Retail Food Safety Coalition (CRFSC), California Restaurant Association (CRA) and other stakeholders, to propose clarifying amendments to the law and provide additional guidance. These statutory clarifications or amendments are currently moving through the legislative process and once they are signed into law, they will be effective immediately upon signature by the governor.

Statutory Clarifications (proposed amendments to law):

This stakeholder group has proposed that statutory clarifications be made to the food handler training and test requirements on an urgency basis.

The proposed statutory clarifications, if approved by the governor, would:

Before January 1, 2012 - Allow a food handler to obtain a card from either:

1. an American National Standards Institute (ANSI) accredited training provider that meets ASTM International 2659 - Standard Practice for Certificate Programs, or
2. a food protection manager certification organization described in Section 113947.3.

After January 1, 2012 - Require a food handler to obtain a card only from an ANSI accredited training provider that meets ASTM International 2659.

Implementation of current law:

Current law (SB 602) allows a food handler to obtain a card only from a food protection manager organization described in Section 113947.3, and requires food handlers to obtain a card before July 1, 2011.

1. You can visit the California Conference of Directors of Environmental Health (CCDEH) website at www.ccdeh.com.
2. The California Restaurant Association offers an information center with information, resources and a link to the National Restaurant Association's ServSafe® California Food Handler program. You can access this information at: www.calrest.org.
3. The organizations currently authorized to issue a California Food Handler Card are:
   • National Registry of Food Safety Professionals: www.NRFSP.com
   • National Restaurant Association (ServSafe® California Food Handler program): www.FoodHandlerUSA.com
   • Prometric: www.prometric.com/foodsafety