As 2024 comes to a close, California employers are reminded of their obligations under SB 476, which took effect on January 1, 2024. This law requires employers to shoulder the costs of obtaining food handler cards and compensate employees for their time spent on training and testing. Now, nearly a year into its implementation, it’s crucial for employers to ensure ongoing compliance with these requirements.
Here are five key aspects of SB 476 that California employers should keep in mind:
1. Employers Must Pay for Food Handler Card Costs and Training Time
Under SB 476, employers must:
- Cover the cost of the training course and examination required to obtain a food handler card.
- Compensate employees for the time spent in training and testing.
- Ensure employees are relieved of other work duties while participating in these activities.
This obligation has been in effect for nearly a year, and employers should review their payroll and reimbursement processes to ensure compliance.
2. Employment Cannot Be Conditioned on Possessing a Food Handler Card
SB 476 prohibits employers from requiring job applicants or employees to already have a food handler card as a condition of employment. Employers must avoid:
- Making possession of a food handler card a prerequisite in job postings.
- Refusing to hire or retain employees solely because they have not yet obtained the card.
Employers should ensure that hiring practices, job descriptions, and onboarding materials reflect this requirement. Train managers involved in hiring to avoid inadvertent violations.
3. Timing Requirements for Food Handler Cards Are Unchanged
While SB 476 introduced new employer obligations, it did not alter the timeline for employees to obtain and maintain food handler cards:
- Employees must acquire a food handler card within 30 days of hire.
- Cards remain valid for three years from issuance and transfer with the employee to new employers during this period.
Employers should monitor compliance to ensure employees meet these deadlines, avoiding potential penalties.
4. Training and Examination Standards Remain Consistent
The law maintains existing standards for food handler training and testing, which include:
- Specific course content as outlined in Section 113947.2.
- A minimum of 40 questions on the exam, requiring a passing score of 70% or higher.
- Training options via in-person or online courses with security measures to prevent fraud.
Employers should verify that the courses they sponsor meet these requirements to ensure compliance.
5. Recordkeeping Obligations Are Unchanged
SB 476 did not modify employers’ documentation requirements. Employers must maintain records proving that each food handler employed has a valid card and provide these records to local enforcement officers upon request.
Exemptions from Food Handler Card Requirements
It’s also important to remember the exemptions to the food handler card requirement, which include employees at:
- Public and private school cafeterias.
- Certified farmer’s markets and grocery stores.
- Healthcare facilities and elderly nutrition programs.
- Facilities with collective bargaining agreements or in-house food safety training programs that meet specific criteria.
Review the full list of exemptions to determine whether your employees are covered by this requirement.
Steps Employers Should Take to Ensure Compliance
With nearly a year of SB 476 in effect, employers should take the following steps to stay compliant:
- Audit reimbursement and payroll practices to confirm training costs and wages for training time are covered.
- Update hiring materials and train managers to avoid conditioning employment on food handler card possession.
- Monitor employee compliance with the timeline for obtaining and maintaining valid cards.
- Confirm that training providers meet regulatory standards.
- Maintain accurate records to provide to enforcement officers if requested.
By reviewing policies and procedures now, employers can ensure they remain compliant and avoid potential penalties.