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AB-1459 Qualified grocery employee: certification and apprenticeship.(2019-2020)

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Date Published: 06/27/2019 09:00 PM
AB1459:v96#DOCUMENT

Amended  IN  Senate  June 27, 2019
Amended  IN  Assembly  April 11, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1459


Introduced 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 DIGEST


AB 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 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.

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.