SB 786

This bill requires a restaurant operator or manager to receive food allergen training in order to obtain a certificate of food protection practices issued by the Department of Agriculture, Trade and Consumer Protection. The bill also requires any DATCP rule that governs food processing plants and retail food establishments and that addresses food allergens to cover all major food allergens, including sesame.

Under current law, a person may not operate or manage a restaurant unless the person holds a valid certificate of food protection practices issued by DATCP (certificate). DATCP generally may issue a certificate to an individual who completes a DATCP-approved examination demonstrating that the individual has basic knowledge of food protection practices. DATCP must, by rule, specify standards for approval of examinations. A certificate is valid for five years and a certificate holder generally must pass the examination again to renew the certificate.

The bill requires that an applicant for issuance or renewal of a certificate also receive training in basic allergen awareness principles approved by DATCP. DATCP must, by rule, specify standards for this training, which must include instruction and assessment of knowledge as to all of the following topics: 1) food allergies and major food allergens; 2) the dangers of food allergies, symptoms of an allergic reaction to food, and responding to emergencies involving allergic reactions; 3) proper food hygiene and cleaning methods and preventing cross-contact and allergen contamination; 4) communication with customers and staff about allergens and dietary restrictions; 5) the importance of food labels and proper food preparation for customers with food allergies; and 6) understanding gluten, including sources of gluten, symptoms of gluten intolerance and celiac disease, the importance of gluten-free food preparation and handling, and proper cleaning methods to prevent gluten contamination.

Current law generally requires food processing plants and retail food establishments, such as restaurants, to be licensed by DATCP. An exception allows a person to sell home-canned food products without holding a food processing plant license if certain requirements are met, including that the food product is labeled with a list of ingredients. If any ingredient originates from milk, eggs, fish, crustacean shellfish, tree nuts, wheat, peanuts, or soybeans, the list of ingredients must include the common name of the ingredient.

Under current law, DATCP may promulgate rules to govern the operation of food processing plants and retail food establishments. These rules may include, among other topics, standards for facilities; the cleaning and maintenance of equipment and utensils; personnel sanitation; food handling and storage; and food sources and food labeling.

The bill requires any DATCP rule that governs the operation of food processing plants or retail food establishments and that addresses food allergens to cover all major food allergens. The bill defines a “major food allergen” in accordance with federal law to mean any of the following:

1. Milk, egg, fish, crustacean shellfish, tree nuts, wheat, peanuts, soybeans, and sesame.

2. With limited exceptions, a food ingredient that contains protein derived from a food specified in item 1.

The bill also requires a person who sells home-canned food products, as described above, to include on the food product’s label the name of each ingredient that is a major food allergen, including sesame.