California 2019-2020 Regular Session

California Assembly Bill AB1459 Compare Versions

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1-Amended IN Senate June 27, 2019 Amended IN Assembly April 11, 2019 Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1459Introduced by Assembly Member Arambula(Coauthor: Assembly Member Gonzalez)February 22, 2019 An act 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. 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 punishable by a fine, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO 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. employees in consultation with representatives of grocery store employers and grocery store 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)(2) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. subdivision in consultation with representatives of grocery store employers and grocery store employees.(e) The Division of Labor Standards Enforcement shall do both of the following: following in consultation with representatives of grocery store employers and grocery store employees:(1) Establish registration fees in an amount reasonably necessary to implement this chapter.(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 punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.
1+Amended IN Assembly April 11, 2019 Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1459Introduced by Assembly Member KalraFebruary 22, 2019 An act 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, Kalra. 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. punishable by a fine, as specified.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO 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 ($____). chapter.(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. punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.
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3- Amended IN Senate June 27, 2019 Amended IN Assembly April 11, 2019 Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1459Introduced by Assembly Member Arambula(Coauthor: Assembly Member Gonzalez)February 22, 2019 An act 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. 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 punishable by a fine, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ Amended IN Assembly April 11, 2019 Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1459Introduced by Assembly Member KalraFebruary 22, 2019 An act 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, Kalra. 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. punishable by a fine, as specified.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO
44
5- Amended IN Senate June 27, 2019 Amended IN Assembly April 11, 2019 Amended IN Assembly March 28, 2019
5+ Amended IN Assembly April 11, 2019 Amended IN Assembly March 28, 2019
66
7-Amended IN Senate June 27, 2019
87 Amended IN Assembly April 11, 2019
98 Amended IN Assembly March 28, 2019
109
1110 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
1211
1312 Assembly Bill No. 1459
1413
15-Introduced by Assembly Member Arambula(Coauthor: Assembly Member Gonzalez)February 22, 2019
14+Introduced by Assembly Member KalraFebruary 22, 2019
1615
17-Introduced by Assembly Member Arambula(Coauthor: Assembly Member Gonzalez)
16+Introduced by Assembly Member Kalra
1817 February 22, 2019
1918
2019 An act to add Chapter 5 (commencing with Section 3150) to Division 3 of the Labor Code, relating to employment.
2120
2221 LEGISLATIVE COUNSEL'S DIGEST
2322
2423 ## LEGISLATIVE COUNSEL'S DIGEST
2524
26-AB 1459, as amended, Arambula. Qualified grocery employee: certification and apprenticeship.
25+AB 1459, as amended, Kalra. Qualified grocery employee: certification and apprenticeship.
2726
28-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 punishable by a fine, as specified.
27+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. punishable by a fine, as specified.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.
2928
3029 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.
3130
32-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 punishable by a fine, as specified.
31+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. punishable by a fine, as specified.
32+
33+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.
34+
35+
36+
37+This bill would provide that no reimbursement is required by this act for a specified reason.
38+
39+
3340
3441 ## Digest Key
3542
3643 ## Bill Text
3744
38-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. employees in consultation with representatives of grocery store employers and grocery store 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)(2) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. subdivision in consultation with representatives of grocery store employers and grocery store employees.(e) The Division of Labor Standards Enforcement shall do both of the following: following in consultation with representatives of grocery store employers and grocery store employees:(1) Establish registration fees in an amount reasonably necessary to implement this chapter.(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 punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.
45+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 ($____). chapter.(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. punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.
3946
4047 The people of the State of California do enact as follows:
4148
4249 ## The people of the State of California do enact as follows:
4350
44-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. employees in consultation with representatives of grocery store employers and grocery store 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)(2) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. subdivision in consultation with representatives of grocery store employers and grocery store employees.(e) The Division of Labor Standards Enforcement shall do both of the following: following in consultation with representatives of grocery store employers and grocery store employees:(1) Establish registration fees in an amount reasonably necessary to implement this chapter.(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 punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.
51+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 ($____). chapter.(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. punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.
4552
4653 SECTION 1. Chapter 5 (commencing with Section 3150) is added to Division 3 of the Labor Code, to read:
4754
4855 ### SECTION 1.
4956
50- 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. employees in consultation with representatives of grocery store employers and grocery store 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)(2) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. subdivision in consultation with representatives of grocery store employers and grocery store employees.(e) The Division of Labor Standards Enforcement shall do both of the following: following in consultation with representatives of grocery store employers and grocery store employees:(1) Establish registration fees in an amount reasonably necessary to implement this chapter.(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 punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.
57+ 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 ($____). chapter.(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. punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.
5158
52- 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. employees in consultation with representatives of grocery store employers and grocery store 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)(2) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. subdivision in consultation with representatives of grocery store employers and grocery store employees.(e) The Division of Labor Standards Enforcement shall do both of the following: following in consultation with representatives of grocery store employers and grocery store employees:(1) Establish registration fees in an amount reasonably necessary to implement this chapter.(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 punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.
59+ 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 ($____). chapter.(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. punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.
5360
5461 CHAPTER 5. Qualified Grocery Employee Certification and Apprenticeship
5562
5663 CHAPTER 5. Qualified Grocery Employee Certification and Apprenticeship
5764
5865 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.
5966
6067
6168
6269 3150. For purposes of this chapter, all of the following definitions shall apply:
6370
6471 (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.
6572
6673 (b) Qualified grocery employee means an employee of a grocery establishment or retail store with a grocery department who is any of the following:
6774
6875 (1) A produce clerk.
6976
7077 (2) A nutrition clerk.
7178
7279 (3) A service deli and onsite food preparation clerk.
7380
7481 (c) Retail store with a grocery department means all of the following:
7582
7683 (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.
7784
7885 (B) A retail pharmacy that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.
7986
8087 (C) A general retail merchandise store that sells at least one million dollars ($1,000,000) of nontaxable merchandise per year.
8188
82-3151. (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. employees in consultation with representatives of grocery store employers and grocery store 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)(2) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. subdivision in consultation with representatives of grocery store employers and grocery store employees.(e) The Division of Labor Standards Enforcement shall do both of the following: following in consultation with representatives of grocery store employers and grocery store employees:(1) Establish registration fees in an amount reasonably necessary to implement this chapter.(2) Adopt regulations as determined to be necessary to implement this chapter.
89+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 ($____). chapter.(2) Adopt regulations as determined to be necessary to implement this chapter.
8390
8491
8592
86-3151. (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. employees in consultation with representatives of grocery store employers and grocery store employees.
93+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.
8794
8895 (b) The certification program required pursuant to subdivision (a) shall include all of the following:
8996
9097 (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:
9198
9299 (A) Produce sold in California.
93100
94101 (B) Health code violations and best practices regarding the display and storage of produce.
95102
96103 (C) Basic grocery math skills.
97104
98105 (D) Nutritional facts.
99106
100107 (E) Culinary use of produce.
101108
102109 (F) Prompt and courteous customer service.
103110
104111 (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:
105112
106113 (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.
107114
108115 (B) The creation of promotional shelf space and signage designated for healthier eating and good nutrition.
109116
110117 (C) Product placement to promote healthier eating and good nutrition.
111118
112119 (D) Nutrition education, including, but not limited to, the understanding of nutrition labels, healthy recipes, healthy nutrients, and health conditions.
113120
114121 (E) Suggestions for shopping on a budget.
115122
116123 (F) Suggestions for selecting and storing fresh produce.
117124
118125 (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.
119126
120127 (H) Prompt and courteous customer service.
121128
122129 (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:
123130
124131 (A) Health code violations regarding service deli and prepared foods.
125132
126133 (B) Preparation and cooking skills applicable to grocery establishments.
127134
128135 (C) Displaying, packaging, weighing, and stocking service deli and prepared foods.
129136
130137 (D) Safety and security procedures, preventative maintenance, and the cleaning and sanitizing of machinery and equipment related to service deli and prepared foods.
131138
132139 (E) Basic grocery math skills.
133140
134141 (F) Nutritional facts.
135142
136143 (G) Prompt and courteous customer service.
137144
138145 (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.
139146
140147 (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.
141148
142149 (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.
143150
151+(3) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision.
144152
153+(e) The Division of Labor Standards Enforcement shall do both of the following:
145154
146-(3)
155+(1) Establish registration fees in an amount reasonably necessary to implement this chapter, not to exceed ____ dollars ($____). chapter.
156+
157+(2) Adopt regulations as determined to be necessary to implement this chapter.
158+
159+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.
147160
148161
149162
150-(2) The Division of Labor Standards Enforcement may develop additional criteria governing this subdivision. subdivision in consultation with representatives of grocery store employers and grocery store employees.
163+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.
151164
152-(e) The Division of Labor Standards Enforcement shall do both of the following: following in consultation with representatives of grocery store employers and grocery store employees:
153-
154-(1) Establish registration fees in an amount reasonably necessary to implement this chapter.
155-
156-(2) Adopt regulations as determined to be necessary to implement this chapter.
165+3153. A violation of this chapter is a misdemeanor. punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.
157166
158167
159168
160-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.
169+3153. A violation of this chapter is a misdemeanor. punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.
161170
162171
163172
164-
165-
166-A violation of this chapter is punishable by a fine of not more than one thousand dollars ($1,000). The fines shall be subject to appropriation.
173+No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.