California Gives the Finger to AB 1252

storekeeper

On June 28, 2014, California Governor Jerry Brown signed Assembly Bill No. 2130 into law. This Bill served to repeal and add Section 113961 to the Health and Safety Code. For those of you unfamiliar with Health and Safety Code 113961, also known as AB 1252, I’m referring to that pesky law that went into effect January 1, 2014 which required food employees to wear gloves whenever touching ready-to-eat foods. That’s right folks. The infamous “rubber glove” law has been repealed. 

This law had the food and beverage industries up in arms over the requirement that latex gloves be worn whenever handling ready-to-eat food. Generally speaking, this required that any person working in food service, from bartenders to sushi chefs, were required to wear gloves when handling food that did not need to be cooked. I’m talking about everything from rice in your California Roll to mint in your mojito. And foodservice folks were not happy about it. As soon as the law went into effect, the California legislature announced it would be extending a six month grace period before handing out citations for violations of the law. During that time, various petitions were launched to repeal AB 1252, including a change.org petition to exempt bartenders from the law.  

One of the biggest complaints regarding AB 1252, was that there was really no hard evidence to support that wearing gloves helped prevent foodborne illness in restaurant/bar patrons. In fact, wearing gloves may actually contribute to foodborne illness, since gloves are not always changed frequently enough, and the moist environment is a perfect breeding ground for bacteria to flourish. Moreover, business owners were concerned about the potential costs and environmental impact of the new single-use rubber glove requirement. In one article, San Diego owner of Polite Provisions, Eric Castro, called the law “an environmental nightmare.”

In response to the public outcry, California Assembly Members Pan and Gatto introduced Assembly Bill 2130. It was a race against the clock to get the bill passed, since the six month grace period only extended until June 30, 2014. After that, California businesses would be stuck with the glove law. Luckily, AB 2130 passed in the Assembly on May 8, 2014, and approved by the Governor on June 28, 2014. Due to the urgency of the nature of the bill, the statute went into effect immediately upon signing.

Now, rather than requiring food industry workers to wear gloves when handling ready-to-eat foods, or assembling foods, the newly enacted Health and Safety Code Section 113961 requires the worker “minimize bare hand and arm contact with nonprepackaged food that is in a ready to eat form.” While the law does require that food workers, “use utensils, including scoops, forks, tongs, paper wrappers, gloves, or other implements to assemble ready-to-eat food or to place ready-to-eat food on tableware or in other containers,” they are allowed to assemble or place ready-to-eat food on tableware or in other containers without utensils or implements, so long as they wash their hands in accordance with Health and Safety Code Section 113953.3.

Although, there is some ambiguity in the new Section as written relating to what constitutes “minimized” contact, this law is much more preferential than the previous law that required all workers wear gloves when handling ready-to-eat foods. If the California Legislature is really worried about foodborne illness in bars and restaurants, they should be focusing their efforts on proper food handling training and certifications, rather than slapping rubber gloves on everyone. At least our bartenders and sushi chefs can rest easier knowing they won’t be dusting our drinks and rolls with latex glove powder.