Fairness Served Fresh: SB 476 Mandates Compensation for Food Handler Training Costs

In a significant move for California's food industry, Governor Newsom gave the green light to Senate Bill (SB) 476 in October. This legislation introduces a pivotal change, compelling food facility employers to cover the expenses tied to employees obtaining a food handler card. What's more, the time invested in completing the associated training and certification program is now recognized as compensable "hours worked."

Under the provisions of the Health and Safety Code, obtaining a food handler card is a mandatory requirement within 30 days of an individual's hire date. This card must remain valid throughout the entire duration of their employment. The definition of a food handler encompasses individuals engaged in the preparation, storage, or service of food within a food facility—excluding those with a valid food safety certificate or those working in temporary food facilities.

Securing a food handler card involves successfully completing a training course and examination that adheres to specific requirements. SB 476 brings about a crucial change, mandating that employers acknowledge the time spent by employees on training and examinations as compensable "hours worked." Additionally, employers are now obligated to reimburse employees for any necessary expenditures incurred during this process.

The legislation further emphasizes that employees should be excused from all other work duties while undergoing the mandatory training course and examination. Notably, SB 476 puts an end to the practice of employers conditioning employment on the existence of an applicant or employee possessing a pre-existing food handler card.

These transformative changes are set to take effect on January 1, 2024, signaling a new era of fairness and accountability within California's food industry.