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EMPLOYEES
The questions and answers noted in this document reflect the current language of the California Food Handler Card Law. The stakeholder working group has suggested clarification language through pending legislation (SB 303) and modifications to this document will be made if SB 303 is approved by the legislature and signed by Governor Brown. SB 303 makes technical changes to the Food Handler Card Law and will require training providers to be accredited through the American National Standards Institute (ANSI). This will allow for the approval of additional training providers.

Q: How do I obtain a card?
A: 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 of 40 questions 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". The new version of the law SB 303 will allow others to provide the certificate if they had a preexisting program and subsequently earned the ANSI ASTM 2659 accreditation.

Q: Is my California food handler card valid anywhere in the California?
A: 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.

Q: I have a food handler card issued from another state. Are food handler cards from other states compliant with the California Food Handler Card Law?
A: No. Other state’s food handler cards are not valid in California.

Q: I am a restaurant manager and have a valid Manager’s Food Safety Certification pursuant to existing California law (CalCode). Do I need a California food handler card?
A: 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.

Q: I’m interested in working in the restaurant business but don’t have a California food handler card yet. Do I need to obtain one prior to employment in a restaurant?
A: 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.

Q: Is my employer responsible for paying for my food handler card course and test under the new law?
A: 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.

Q: I just obtained a California food handler card for my current restaurant employer. However, what if I get a new job in another restaurant, do I need to take the test again?
A: 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.

Q: Do volunteers who serve food at soup kitchens, food banks or volunteer run restaurants have to have a California food handler card?
A: 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).

Q: I am a non-union employee, but work at a restaurant that is unionized. Do I have to obtain a California food handler card?
A: 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).

Q: I work at a demonstration booth serving samples of food at a grocery store. Do I have to obtain a food handler card?
A: 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.

Q. I work in a hospital cafeteria. Do I need to obtain a food handler card?
A: No. Hospital employees are not required to have a food handler card.

EMPLOYERS
Q: What are an employer’s responsibilities under the California Food Handler Card Law?
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.

Q: What documentation is the employer required to keep?
A: 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.

Q: What is the definition of a grocery store for purposes of this law?
A: 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.

Q: How do employers know which employees need a food handler card?
A: 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.

Q: My restaurant offers in-house food safety training to my employees. Are we in compliance with the California Food Handler Card Law?
A: 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
(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.

Click here to read about California Food Handler Training and Examination Results and Appeals.