Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1459Introduced by Assembly Member ArambulaFebruary 22, 2019 An act relating to apprenticeship. to add Chapter 5 (commencing with Section 3150) to Division 3 of the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 1459, as amended, Arambula. Apprenticeship: grocery industry. Qualified grocery employee: certification and apprenticeship.Under existing law, the Division of Labor Standards Enforcement is a department of state government within the Department of Industrial Relations that is responsible for administering and enforcing provisions of the Labor Code governing wages, hours, and working conditions.This bill would require, by January 1, 2021, the Division of Labor Standards Enforcement to develop a certification program, as provided, for qualified grocery employees, as defined. The bill would require, on and after January 1, 2022, except as otherwise provided, certification to be required of all persons who perform work as qualified grocery employees. The bill would require persons desiring to be certified to submit an application for certification and examination to the Division of Labor Standards Enforcement. The bill makes a violation of these provisions a misdemeanor. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards, which is within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices.This bill would state the intent of the Legislature to enact legislation that would recognize the changing nature of the grocery industry and the important role it plays in the health and nutrition of Californians, including the importance of having a trained workforce to meet these challenges. The bill would state that it is further the intent of the Legislature to enact legislation that would create an apprenticeship program that achieves a well-trained workforce and opportunities for those working and entering the grocery industry, including requirements for certification for certain positions, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 5 (commencing with Section 3150) is added to Division 3 of the Labor Code, to read: CHAPTER 5. Qualified Grocery Employee Certification and Apprenticeship3150. For purposes of this chapter, all of the following definitions shall apply:(a) Grocery establishment means a retail store that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods. Other household supplies or products are secondary to the primary purpose of food sales.(b) Qualified grocery employee means an employee of a grocery establishment or retail store with a grocery department who is any of the following:(1) A produce clerk.(2) A nutrition clerk.(3) A service deli and onsite food preparation clerk.(c) Retail store with a grocery department means all of the following: (A) A retail store that has an area within it that is at least 10,000 square feet and where there is primarily household foodstuffs for sale for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.(B) A retail pharmacy that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.(C) A general retail merchandise store that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.3151. (a) By January 1, 2021, the Division of Labor Standards Enforcement shall develop a certification program for qualified grocery employees. On and after January 1, 2022, except as provided in subdivision (d), certification shall be required of all persons who perform work as qualified grocery employees.(b) The certification program required pursuant to subdivision (a) shall include all of the following:(1) Certification of a produce clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Produce sold in California.(B) Health code violations and best practices regarding the display and storage of produce.(C) Basic grocery math skills.(D) Nutritional facts.(E) Culinary use of produce.(F) Prompt and courteous customer service. (2) Certification of a nutrition clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Various diets, including a low sodium diet, a low glycemic index diet, a low fat and trans fat diet, a vegetarian diet, and a vegan diet.(B) The creation of promotional shelf space and signage designated for healthier eating and good nutrition.(C) Product placement to promote healthier eating and good nutrition.(D) Nutrition education, including, but not limited to, the understanding of nutrition labels, healthy recipes, healthy nutrients, and health conditions.(E) Suggestions for shopping on a budget.(F) Suggestions for selecting and storing fresh produce.(G) The federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, and best practices to educate persons who receive benefits under SNAP on healthy shopping.(H) Prompt and courteous customer service.(3) Certification of a service deli and onsite food preparation clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Health code violations regarding service deli and prepared foods.(B) Preparation and cooking skills applicable to grocery establishments.(C) Displaying, packaging, weighing, and stocking service deli and prepared foods.(D) Safety and security procedures, preventative maintenance, and the cleaning and sanitizing of machinery and equipment related to service deli and prepared foods.(E) Basic grocery math skills.(F) Nutritional facts.(G) Prompt and courteous customer service.(c) Persons desiring to be certified shall submit an application for certification and examination to the Division of Labor Standards Enforcement in the form and manner as prescribed by the Division of Labor Standards Enforcement.(d) (1) Certification is not required for registered apprentices working as qualified grocery employees as part of a state-approved apprenticeship program. An apprentice who is within one year of completion of their term of apprenticeship shall be permitted to take the certification examination, and upon passing the examination, shall be certified immediately upon completion of the term of apprenticeship.(2) On and after January 1, 2022, an uncertified person may perform work for which certification is otherwise required in order to acquire the necessary on-the-job experience for certification, provided that the person shall be under the direct supervision of a qualified grocery employee certified pursuant to this section who is responsible for supervising no more than one uncertified person.(3) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. (e) The Division of Labor Standards Enforcement shall do both of the following:.(1) Establish registration fees in an amount reasonably necessary to implement this chapter, not to exceed ____ dollars ($____).(2) Adopt regulations as determined to be necessary to implement this chapter.3152. It is the intent of the Legislature to enact legislation that would require grocery establishments and retail stores with grocery departments to employ a nutrition clerk.3153. A violation of this chapter is a misdemeanor.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.(a)It is the intent of the Legislature to enact legislation that would recognize the changing nature of the grocery industry and the important role it plays in the health and nutrition of Californians, including the importance of having a trained workforce to meet these challenges.(b)It is further the intent of the Legislature to enact legislation that would create an apprenticeship program that achieves a well-trained workforce and opportunities for those working and entering the grocery industry, including requirements for certification for certain positions, such as nutrition advisers with special expertise that can provide options to customers who are recipients of the federal Supplemental Nutrition Assistance Program, known in California as CalFresh, produce handling and education, data processing, bakery and onsite food preparation, and advanced grocery clerks with multiple skills.
Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1459Introduced by Assembly Member ArambulaFebruary 22, 2019 An act relating to apprenticeship. to add Chapter 5 (commencing with Section 3150) to Division 3 of the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 1459, as amended, Arambula. Apprenticeship: grocery industry. Qualified grocery employee: certification and apprenticeship.Under existing law, the Division of Labor Standards Enforcement is a department of state government within the Department of Industrial Relations that is responsible for administering and enforcing provisions of the Labor Code governing wages, hours, and working conditions.This bill would require, by January 1, 2021, the Division of Labor Standards Enforcement to develop a certification program, as provided, for qualified grocery employees, as defined. The bill would require, on and after January 1, 2022, except as otherwise provided, certification to be required of all persons who perform work as qualified grocery employees. The bill would require persons desiring to be certified to submit an application for certification and examination to the Division of Labor Standards Enforcement. The bill makes a violation of these provisions a misdemeanor. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards, which is within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices.This bill would state the intent of the Legislature to enact legislation that would recognize the changing nature of the grocery industry and the important role it plays in the health and nutrition of Californians, including the importance of having a trained workforce to meet these challenges. The bill would state that it is further the intent of the Legislature to enact legislation that would create an apprenticeship program that achieves a well-trained workforce and opportunities for those working and entering the grocery industry, including requirements for certification for certain positions, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 28, 2019
Amended IN Assembly March 28, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1459
Introduced by Assembly Member ArambulaFebruary 22, 2019
Introduced by Assembly Member Arambula
February 22, 2019
An act relating to apprenticeship. to add Chapter 5 (commencing with Section 3150) to Division 3 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1459, as amended, Arambula. Apprenticeship: grocery industry. Qualified grocery employee: certification and apprenticeship.
Under existing law, the Division of Labor Standards Enforcement is a department of state government within the Department of Industrial Relations that is responsible for administering and enforcing provisions of the Labor Code governing wages, hours, and working conditions.This bill would require, by January 1, 2021, the Division of Labor Standards Enforcement to develop a certification program, as provided, for qualified grocery employees, as defined. The bill would require, on and after January 1, 2022, except as otherwise provided, certification to be required of all persons who perform work as qualified grocery employees. The bill would require persons desiring to be certified to submit an application for certification and examination to the Division of Labor Standards Enforcement. The bill makes a violation of these provisions a misdemeanor. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards, which is within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices.This bill would state the intent of the Legislature to enact legislation that would recognize the changing nature of the grocery industry and the important role it plays in the health and nutrition of Californians, including the importance of having a trained workforce to meet these challenges. The bill would state that it is further the intent of the Legislature to enact legislation that would create an apprenticeship program that achieves a well-trained workforce and opportunities for those working and entering the grocery industry, including requirements for certification for certain positions, as specified.
Under existing law, the Division of Labor Standards Enforcement is a department of state government within the Department of Industrial Relations that is responsible for administering and enforcing provisions of the Labor Code governing wages, hours, and working conditions.
This bill would require, by January 1, 2021, the Division of Labor Standards Enforcement to develop a certification program, as provided, for qualified grocery employees, as defined. The bill would require, on and after January 1, 2022, except as otherwise provided, certification to be required of all persons who perform work as qualified grocery employees. The bill would require persons desiring to be certified to submit an application for certification and examination to the Division of Labor Standards Enforcement. The bill makes a violation of these provisions a misdemeanor.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides for apprenticeship programs within the Division of Apprenticeship Standards, which is within the Department of Industrial Relations, sponsored by specific entities and employers, and requires the Chief of the Division of Apprenticeship Standards to perform various functions with respect to apprenticeship programs and the welfare of apprentices.
This bill would state the intent of the Legislature to enact legislation that would recognize the changing nature of the grocery industry and the important role it plays in the health and nutrition of Californians, including the importance of having a trained workforce to meet these challenges. The bill would state that it is further the intent of the Legislature to enact legislation that would create an apprenticeship program that achieves a well-trained workforce and opportunities for those working and entering the grocery industry, including requirements for certification for certain positions, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 5 (commencing with Section 3150) is added to Division 3 of the Labor Code, to read: CHAPTER 5. Qualified Grocery Employee Certification and Apprenticeship3150. For purposes of this chapter, all of the following definitions shall apply:(a) Grocery establishment means a retail store that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods. Other household supplies or products are secondary to the primary purpose of food sales.(b) Qualified grocery employee means an employee of a grocery establishment or retail store with a grocery department who is any of the following:(1) A produce clerk.(2) A nutrition clerk.(3) A service deli and onsite food preparation clerk.(c) Retail store with a grocery department means all of the following: (A) A retail store that has an area within it that is at least 10,000 square feet and where there is primarily household foodstuffs for sale for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.(B) A retail pharmacy that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.(C) A general retail merchandise store that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.3151. (a) By January 1, 2021, the Division of Labor Standards Enforcement shall develop a certification program for qualified grocery employees. On and after January 1, 2022, except as provided in subdivision (d), certification shall be required of all persons who perform work as qualified grocery employees.(b) The certification program required pursuant to subdivision (a) shall include all of the following:(1) Certification of a produce clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Produce sold in California.(B) Health code violations and best practices regarding the display and storage of produce.(C) Basic grocery math skills.(D) Nutritional facts.(E) Culinary use of produce.(F) Prompt and courteous customer service. (2) Certification of a nutrition clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Various diets, including a low sodium diet, a low glycemic index diet, a low fat and trans fat diet, a vegetarian diet, and a vegan diet.(B) The creation of promotional shelf space and signage designated for healthier eating and good nutrition.(C) Product placement to promote healthier eating and good nutrition.(D) Nutrition education, including, but not limited to, the understanding of nutrition labels, healthy recipes, healthy nutrients, and health conditions.(E) Suggestions for shopping on a budget.(F) Suggestions for selecting and storing fresh produce.(G) The federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, and best practices to educate persons who receive benefits under SNAP on healthy shopping.(H) Prompt and courteous customer service.(3) Certification of a service deli and onsite food preparation clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Health code violations regarding service deli and prepared foods.(B) Preparation and cooking skills applicable to grocery establishments.(C) Displaying, packaging, weighing, and stocking service deli and prepared foods.(D) Safety and security procedures, preventative maintenance, and the cleaning and sanitizing of machinery and equipment related to service deli and prepared foods.(E) Basic grocery math skills.(F) Nutritional facts.(G) Prompt and courteous customer service.(c) Persons desiring to be certified shall submit an application for certification and examination to the Division of Labor Standards Enforcement in the form and manner as prescribed by the Division of Labor Standards Enforcement.(d) (1) Certification is not required for registered apprentices working as qualified grocery employees as part of a state-approved apprenticeship program. An apprentice who is within one year of completion of their term of apprenticeship shall be permitted to take the certification examination, and upon passing the examination, shall be certified immediately upon completion of the term of apprenticeship.(2) On and after January 1, 2022, an uncertified person may perform work for which certification is otherwise required in order to acquire the necessary on-the-job experience for certification, provided that the person shall be under the direct supervision of a qualified grocery employee certified pursuant to this section who is responsible for supervising no more than one uncertified person.(3) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. (e) The Division of Labor Standards Enforcement shall do both of the following:.(1) Establish registration fees in an amount reasonably necessary to implement this chapter, not to exceed ____ dollars ($____).(2) Adopt regulations as determined to be necessary to implement this chapter.3152. It is the intent of the Legislature to enact legislation that would require grocery establishments and retail stores with grocery departments to employ a nutrition clerk.3153. A violation of this chapter is a misdemeanor.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.(a)It is the intent of the Legislature to enact legislation that would recognize the changing nature of the grocery industry and the important role it plays in the health and nutrition of Californians, including the importance of having a trained workforce to meet these challenges.(b)It is further the intent of the Legislature to enact legislation that would create an apprenticeship program that achieves a well-trained workforce and opportunities for those working and entering the grocery industry, including requirements for certification for certain positions, such as nutrition advisers with special expertise that can provide options to customers who are recipients of the federal Supplemental Nutrition Assistance Program, known in California as CalFresh, produce handling and education, data processing, bakery and onsite food preparation, and advanced grocery clerks with multiple skills.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 5 (commencing with Section 3150) is added to Division 3 of the Labor Code, to read: CHAPTER 5. Qualified Grocery Employee Certification and Apprenticeship3150. For purposes of this chapter, all of the following definitions shall apply:(a) Grocery establishment means a retail store that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods. Other household supplies or products are secondary to the primary purpose of food sales.(b) Qualified grocery employee means an employee of a grocery establishment or retail store with a grocery department who is any of the following:(1) A produce clerk.(2) A nutrition clerk.(3) A service deli and onsite food preparation clerk.(c) Retail store with a grocery department means all of the following: (A) A retail store that has an area within it that is at least 10,000 square feet and where there is primarily household foodstuffs for sale for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.(B) A retail pharmacy that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.(C) A general retail merchandise store that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.3151. (a) By January 1, 2021, the Division of Labor Standards Enforcement shall develop a certification program for qualified grocery employees. On and after January 1, 2022, except as provided in subdivision (d), certification shall be required of all persons who perform work as qualified grocery employees.(b) The certification program required pursuant to subdivision (a) shall include all of the following:(1) Certification of a produce clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Produce sold in California.(B) Health code violations and best practices regarding the display and storage of produce.(C) Basic grocery math skills.(D) Nutritional facts.(E) Culinary use of produce.(F) Prompt and courteous customer service. (2) Certification of a nutrition clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Various diets, including a low sodium diet, a low glycemic index diet, a low fat and trans fat diet, a vegetarian diet, and a vegan diet.(B) The creation of promotional shelf space and signage designated for healthier eating and good nutrition.(C) Product placement to promote healthier eating and good nutrition.(D) Nutrition education, including, but not limited to, the understanding of nutrition labels, healthy recipes, healthy nutrients, and health conditions.(E) Suggestions for shopping on a budget.(F) Suggestions for selecting and storing fresh produce.(G) The federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, and best practices to educate persons who receive benefits under SNAP on healthy shopping.(H) Prompt and courteous customer service.(3) Certification of a service deli and onsite food preparation clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Health code violations regarding service deli and prepared foods.(B) Preparation and cooking skills applicable to grocery establishments.(C) Displaying, packaging, weighing, and stocking service deli and prepared foods.(D) Safety and security procedures, preventative maintenance, and the cleaning and sanitizing of machinery and equipment related to service deli and prepared foods.(E) Basic grocery math skills.(F) Nutritional facts.(G) Prompt and courteous customer service.(c) Persons desiring to be certified shall submit an application for certification and examination to the Division of Labor Standards Enforcement in the form and manner as prescribed by the Division of Labor Standards Enforcement.(d) (1) Certification is not required for registered apprentices working as qualified grocery employees as part of a state-approved apprenticeship program. An apprentice who is within one year of completion of their term of apprenticeship shall be permitted to take the certification examination, and upon passing the examination, shall be certified immediately upon completion of the term of apprenticeship.(2) On and after January 1, 2022, an uncertified person may perform work for which certification is otherwise required in order to acquire the necessary on-the-job experience for certification, provided that the person shall be under the direct supervision of a qualified grocery employee certified pursuant to this section who is responsible for supervising no more than one uncertified person.(3) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. (e) The Division of Labor Standards Enforcement shall do both of the following:.(1) Establish registration fees in an amount reasonably necessary to implement this chapter, not to exceed ____ dollars ($____).(2) Adopt regulations as determined to be necessary to implement this chapter.3152. It is the intent of the Legislature to enact legislation that would require grocery establishments and retail stores with grocery departments to employ a nutrition clerk.3153. A violation of this chapter is a misdemeanor.
SECTION 1. Chapter 5 (commencing with Section 3150) is added to Division 3 of the Labor Code, to read:
### SECTION 1.
CHAPTER 5. Qualified Grocery Employee Certification and Apprenticeship3150. For purposes of this chapter, all of the following definitions shall apply:(a) Grocery establishment means a retail store that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods. Other household supplies or products are secondary to the primary purpose of food sales.(b) Qualified grocery employee means an employee of a grocery establishment or retail store with a grocery department who is any of the following:(1) A produce clerk.(2) A nutrition clerk.(3) A service deli and onsite food preparation clerk.(c) Retail store with a grocery department means all of the following: (A) A retail store that has an area within it that is at least 10,000 square feet and where there is primarily household foodstuffs for sale for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.(B) A retail pharmacy that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.(C) A general retail merchandise store that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.3151. (a) By January 1, 2021, the Division of Labor Standards Enforcement shall develop a certification program for qualified grocery employees. On and after January 1, 2022, except as provided in subdivision (d), certification shall be required of all persons who perform work as qualified grocery employees.(b) The certification program required pursuant to subdivision (a) shall include all of the following:(1) Certification of a produce clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Produce sold in California.(B) Health code violations and best practices regarding the display and storage of produce.(C) Basic grocery math skills.(D) Nutritional facts.(E) Culinary use of produce.(F) Prompt and courteous customer service. (2) Certification of a nutrition clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Various diets, including a low sodium diet, a low glycemic index diet, a low fat and trans fat diet, a vegetarian diet, and a vegan diet.(B) The creation of promotional shelf space and signage designated for healthier eating and good nutrition.(C) Product placement to promote healthier eating and good nutrition.(D) Nutrition education, including, but not limited to, the understanding of nutrition labels, healthy recipes, healthy nutrients, and health conditions.(E) Suggestions for shopping on a budget.(F) Suggestions for selecting and storing fresh produce.(G) The federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, and best practices to educate persons who receive benefits under SNAP on healthy shopping.(H) Prompt and courteous customer service.(3) Certification of a service deli and onsite food preparation clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Health code violations regarding service deli and prepared foods.(B) Preparation and cooking skills applicable to grocery establishments.(C) Displaying, packaging, weighing, and stocking service deli and prepared foods.(D) Safety and security procedures, preventative maintenance, and the cleaning and sanitizing of machinery and equipment related to service deli and prepared foods.(E) Basic grocery math skills.(F) Nutritional facts.(G) Prompt and courteous customer service.(c) Persons desiring to be certified shall submit an application for certification and examination to the Division of Labor Standards Enforcement in the form and manner as prescribed by the Division of Labor Standards Enforcement.(d) (1) Certification is not required for registered apprentices working as qualified grocery employees as part of a state-approved apprenticeship program. An apprentice who is within one year of completion of their term of apprenticeship shall be permitted to take the certification examination, and upon passing the examination, shall be certified immediately upon completion of the term of apprenticeship.(2) On and after January 1, 2022, an uncertified person may perform work for which certification is otherwise required in order to acquire the necessary on-the-job experience for certification, provided that the person shall be under the direct supervision of a qualified grocery employee certified pursuant to this section who is responsible for supervising no more than one uncertified person.(3) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. (e) The Division of Labor Standards Enforcement shall do both of the following:.(1) Establish registration fees in an amount reasonably necessary to implement this chapter, not to exceed ____ dollars ($____).(2) Adopt regulations as determined to be necessary to implement this chapter.3152. It is the intent of the Legislature to enact legislation that would require grocery establishments and retail stores with grocery departments to employ a nutrition clerk.3153. A violation of this chapter is a misdemeanor.
CHAPTER 5. Qualified Grocery Employee Certification and Apprenticeship3150. For purposes of this chapter, all of the following definitions shall apply:(a) Grocery establishment means a retail store that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods. Other household supplies or products are secondary to the primary purpose of food sales.(b) Qualified grocery employee means an employee of a grocery establishment or retail store with a grocery department who is any of the following:(1) A produce clerk.(2) A nutrition clerk.(3) A service deli and onsite food preparation clerk.(c) Retail store with a grocery department means all of the following: (A) A retail store that has an area within it that is at least 10,000 square feet and where there is primarily household foodstuffs for sale for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.(B) A retail pharmacy that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.(C) A general retail merchandise store that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.3151. (a) By January 1, 2021, the Division of Labor Standards Enforcement shall develop a certification program for qualified grocery employees. On and after January 1, 2022, except as provided in subdivision (d), certification shall be required of all persons who perform work as qualified grocery employees.(b) The certification program required pursuant to subdivision (a) shall include all of the following:(1) Certification of a produce clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Produce sold in California.(B) Health code violations and best practices regarding the display and storage of produce.(C) Basic grocery math skills.(D) Nutritional facts.(E) Culinary use of produce.(F) Prompt and courteous customer service. (2) Certification of a nutrition clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Various diets, including a low sodium diet, a low glycemic index diet, a low fat and trans fat diet, a vegetarian diet, and a vegan diet.(B) The creation of promotional shelf space and signage designated for healthier eating and good nutrition.(C) Product placement to promote healthier eating and good nutrition.(D) Nutrition education, including, but not limited to, the understanding of nutrition labels, healthy recipes, healthy nutrients, and health conditions.(E) Suggestions for shopping on a budget.(F) Suggestions for selecting and storing fresh produce.(G) The federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, and best practices to educate persons who receive benefits under SNAP on healthy shopping.(H) Prompt and courteous customer service.(3) Certification of a service deli and onsite food preparation clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Health code violations regarding service deli and prepared foods.(B) Preparation and cooking skills applicable to grocery establishments.(C) Displaying, packaging, weighing, and stocking service deli and prepared foods.(D) Safety and security procedures, preventative maintenance, and the cleaning and sanitizing of machinery and equipment related to service deli and prepared foods.(E) Basic grocery math skills.(F) Nutritional facts.(G) Prompt and courteous customer service.(c) Persons desiring to be certified shall submit an application for certification and examination to the Division of Labor Standards Enforcement in the form and manner as prescribed by the Division of Labor Standards Enforcement.(d) (1) Certification is not required for registered apprentices working as qualified grocery employees as part of a state-approved apprenticeship program. An apprentice who is within one year of completion of their term of apprenticeship shall be permitted to take the certification examination, and upon passing the examination, shall be certified immediately upon completion of the term of apprenticeship.(2) On and after January 1, 2022, an uncertified person may perform work for which certification is otherwise required in order to acquire the necessary on-the-job experience for certification, provided that the person shall be under the direct supervision of a qualified grocery employee certified pursuant to this section who is responsible for supervising no more than one uncertified person.(3) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. (e) The Division of Labor Standards Enforcement shall do both of the following:.(1) Establish registration fees in an amount reasonably necessary to implement this chapter, not to exceed ____ dollars ($____).(2) Adopt regulations as determined to be necessary to implement this chapter.3152. It is the intent of the Legislature to enact legislation that would require grocery establishments and retail stores with grocery departments to employ a nutrition clerk.3153. A violation of this chapter is a misdemeanor.
CHAPTER 5. Qualified Grocery Employee Certification and Apprenticeship
CHAPTER 5. Qualified Grocery Employee Certification and Apprenticeship
3150. For purposes of this chapter, all of the following definitions shall apply:(a) Grocery establishment means a retail store that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods. Other household supplies or products are secondary to the primary purpose of food sales.(b) Qualified grocery employee means an employee of a grocery establishment or retail store with a grocery department who is any of the following:(1) A produce clerk.(2) A nutrition clerk.(3) A service deli and onsite food preparation clerk.(c) Retail store with a grocery department means all of the following: (A) A retail store that has an area within it that is at least 10,000 square feet and where there is primarily household foodstuffs for sale for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.(B) A retail pharmacy that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.(C) A general retail merchandise store that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.
3150. For purposes of this chapter, all of the following definitions shall apply:
(a) Grocery establishment means a retail store that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods. Other household supplies or products are secondary to the primary purpose of food sales.
(b) Qualified grocery employee means an employee of a grocery establishment or retail store with a grocery department who is any of the following:
(1) A produce clerk.
(2) A nutrition clerk.
(3) A service deli and onsite food preparation clerk.
(c) Retail store with a grocery department means all of the following:
(A) A retail store that has an area within it that is at least 10,000 square feet and where there is primarily household foodstuffs for sale for offsite consumption, including, but not limited to, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and prepared foods.
(B) A retail pharmacy that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.
(C) A general retail merchandise store that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.
3151. (a) By January 1, 2021, the Division of Labor Standards Enforcement shall develop a certification program for qualified grocery employees. On and after January 1, 2022, except as provided in subdivision (d), certification shall be required of all persons who perform work as qualified grocery employees.(b) The certification program required pursuant to subdivision (a) shall include all of the following:(1) Certification of a produce clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Produce sold in California.(B) Health code violations and best practices regarding the display and storage of produce.(C) Basic grocery math skills.(D) Nutritional facts.(E) Culinary use of produce.(F) Prompt and courteous customer service. (2) Certification of a nutrition clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Various diets, including a low sodium diet, a low glycemic index diet, a low fat and trans fat diet, a vegetarian diet, and a vegan diet.(B) The creation of promotional shelf space and signage designated for healthier eating and good nutrition.(C) Product placement to promote healthier eating and good nutrition.(D) Nutrition education, including, but not limited to, the understanding of nutrition labels, healthy recipes, healthy nutrients, and health conditions.(E) Suggestions for shopping on a budget.(F) Suggestions for selecting and storing fresh produce.(G) The federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, and best practices to educate persons who receive benefits under SNAP on healthy shopping.(H) Prompt and courteous customer service.(3) Certification of a service deli and onsite food preparation clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:(A) Health code violations regarding service deli and prepared foods.(B) Preparation and cooking skills applicable to grocery establishments.(C) Displaying, packaging, weighing, and stocking service deli and prepared foods.(D) Safety and security procedures, preventative maintenance, and the cleaning and sanitizing of machinery and equipment related to service deli and prepared foods.(E) Basic grocery math skills.(F) Nutritional facts.(G) Prompt and courteous customer service.(c) Persons desiring to be certified shall submit an application for certification and examination to the Division of Labor Standards Enforcement in the form and manner as prescribed by the Division of Labor Standards Enforcement.(d) (1) Certification is not required for registered apprentices working as qualified grocery employees as part of a state-approved apprenticeship program. An apprentice who is within one year of completion of their term of apprenticeship shall be permitted to take the certification examination, and upon passing the examination, shall be certified immediately upon completion of the term of apprenticeship.(2) On and after January 1, 2022, an uncertified person may perform work for which certification is otherwise required in order to acquire the necessary on-the-job experience for certification, provided that the person shall be under the direct supervision of a qualified grocery employee certified pursuant to this section who is responsible for supervising no more than one uncertified person.(3) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. (e) The Division of Labor Standards Enforcement shall do both of the following:.(1) Establish registration fees in an amount reasonably necessary to implement this chapter, not to exceed ____ dollars ($____).(2) Adopt regulations as determined to be necessary to implement this chapter.
3151. (a) By January 1, 2021, the Division of Labor Standards Enforcement shall develop a certification program for qualified grocery employees. On and after January 1, 2022, except as provided in subdivision (d), certification shall be required of all persons who perform work as qualified grocery employees.
(b) The certification program required pursuant to subdivision (a) shall include all of the following:
(1) Certification of a produce clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:
(A) Produce sold in California.
(B) Health code violations and best practices regarding the display and storage of produce.
(C) Basic grocery math skills.
(D) Nutritional facts.
(E) Culinary use of produce.
(F) Prompt and courteous customer service.
(2) Certification of a nutrition clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:
(A) Various diets, including a low sodium diet, a low glycemic index diet, a low fat and trans fat diet, a vegetarian diet, and a vegan diet.
(B) The creation of promotional shelf space and signage designated for healthier eating and good nutrition.
(C) Product placement to promote healthier eating and good nutrition.
(D) Nutrition education, including, but not limited to, the understanding of nutrition labels, healthy recipes, healthy nutrients, and health conditions.
(E) Suggestions for shopping on a budget.
(F) Suggestions for selecting and storing fresh produce.
(G) The federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, and best practices to educate persons who receive benefits under SNAP on healthy shopping.
(H) Prompt and courteous customer service.
(3) Certification of a service deli and onsite food preparation clerk shall include classroom training and job training. The classroom training and job training shall include, but not be limited to, training on all of the following:
(A) Health code violations regarding service deli and prepared foods.
(B) Preparation and cooking skills applicable to grocery establishments.
(C) Displaying, packaging, weighing, and stocking service deli and prepared foods.
(D) Safety and security procedures, preventative maintenance, and the cleaning and sanitizing of machinery and equipment related to service deli and prepared foods.
(E) Basic grocery math skills.
(F) Nutritional facts.
(G) Prompt and courteous customer service.
(c) Persons desiring to be certified shall submit an application for certification and examination to the Division of Labor Standards Enforcement in the form and manner as prescribed by the Division of Labor Standards Enforcement.
(d) (1) Certification is not required for registered apprentices working as qualified grocery employees as part of a state-approved apprenticeship program. An apprentice who is within one year of completion of their term of apprenticeship shall be permitted to take the certification examination, and upon passing the examination, shall be certified immediately upon completion of the term of apprenticeship.
(2) On and after January 1, 2022, an uncertified person may perform work for which certification is otherwise required in order to acquire the necessary on-the-job experience for certification, provided that the person shall be under the direct supervision of a qualified grocery employee certified pursuant to this section who is responsible for supervising no more than one uncertified person.
(3) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision.
(e) The Division of Labor Standards Enforcement shall do both of the following:.
(1) Establish registration fees in an amount reasonably necessary to implement this chapter, not to exceed ____ dollars ($____).
(2) Adopt regulations as determined to be necessary to implement this chapter.
3152. It is the intent of the Legislature to enact legislation that would require grocery establishments and retail stores with grocery departments to employ a nutrition clerk.
3152. It is the intent of the Legislature to enact legislation that would require grocery establishments and retail stores with grocery departments to employ a nutrition clerk.
3153. A violation of this chapter is a misdemeanor.
3153. A violation of this chapter is a misdemeanor.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.
(a)It is the intent of the Legislature to enact legislation that would recognize the changing nature of the grocery industry and the important role it plays in the health and nutrition of Californians, including the importance of having a trained workforce to meet these challenges.
(b)It is further the intent of the Legislature to enact legislation that would create an apprenticeship program that achieves a well-trained workforce and opportunities for those working and entering the grocery industry, including requirements for certification for certain positions, such as nutrition advisers with special expertise that can provide options to customers who are recipients of the federal Supplemental Nutrition Assistance Program, known in California as CalFresh, produce handling and education, data processing, bakery and onsite food preparation, and advanced grocery clerks with multiple skills.