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ServSafe 2023 Annual Review

SHARED BY

NATHAN MEYER


ServSafe 2023 Annual Review
2023 ANNUAL REVIEW | RECENT LEGISLATION & REGULATIONPAGE | 1
RECENT LEGISLATION
& REGULATION
2023 ANNUAL REVIEW
For those sidewalk vendors selling food, the vend-
ing permit application requires proof of both a valid
San Diego County Environmental Health Permit
applicable to the vending equipment to be used for
food preparation and storage to the extent required
by law and either a Manager’s Food Safety Certif-
icate or a San Diego County Food Handler Card
applicable to the sidewalk vendor to the extent
required by law.
New Mexico
Bernalillo County has adopted and implemented
the 2022 model FDA Food Code as of October 26,
2023 for retail food establishments. This most current
publication will replace the 2005 FDA Food Code and
will align its food service code with the anticipated
State of New Mexico’s and City of Albuquerque’s retail
food regulations. Changes to the county’s food code
include:
• Formally allowing foods prepared, packaged, and
labeled to be offered for donation;
SERVSAFE MANAGER
Connecticut
The State of Connecticut has adopted and Implement-
ed the 2017 FDA Food Code as of February 17, 2023.
SERVSAFE FOOD HANDLER
San Diego, CA
The city of San Diego is now enforcing the Sidewalk
Vendor Ordinance in its coastal areas. All sidewalk
vendors shall obtain a vending permit prior to
vending on any sidewalk. Permits shall be issued
by the City Manager or designee, unless otherwise
specified in the Code. The vending permit shall be
valid for 1 year from the date of issuance and must
be renewed annually.
To obtain a vending permit, a sidewalk vendor must
complete the permit application form provided by
the city.


2023 ANNUAL REVIEW | RECENT LEGISLATION & REGULATIONPAGE | 2
• Provisions to allow pet dogs in outdoor
dining spaces;
• Sesame added as the 9th allergen;
• Hot water temperature requirements reduced
from 100 degrees F to 85 degrees F;
• Food handlers will now need to obtain a food han-
dler card within 30 days of employment.
• At least one employee per establishment with
supervisory responsibility will need to obtain a
Certified Food Protection Manager certification.
• Cannabis will be excluded from the definition of
adulteration and edible cannabis products will
be allowed to be manufactured;
• Ungraded eggs will be allowed to be sold at
retail (grocery stores, convenience stores, etc.).
California State
TCA Senate Bill 476 amends section 113948 of the
Health and Safety Code, relating to food safety and
food handler training.
It requires that:
• By January 1, 2024, employers are required to:
• Pay for the cost of an employee’s food handler
training course and exam
• Pay for the time an employee spends taking
the course and exam as “hours worked”
• Cover any necessary employee expenditures or
losses associated with earning the food han-
dler card (e.g. travel)
• Relieve the food handler of all other work du-
ties while the employee is taking the training
course and exam.
• Not require a food handler certificate or get-
ting a food handler certificate as a condition
of employment.
• By Jan. 1, 2025, the state health department will
be required to post a list of “all accredited food
handler training programs” on their web site and
all local health departments must also provide a
link on their web sites to this list.
• Previously, California law did not specify who had
to pay for food handler training or the time and ex-
penses related to completing food handler training.
Under existing law and this amended law, these
requirements do not apply to food handlers subject
to an existing local food handler program that took
effect prior to January 1, 2009. Those local food han-
dler programs are in these counties: Riverside, San
Bernardino and San Diego.
SERVSAFE ALLERGENS
Connecticut
The State of Connecticut passed House Bill 5902
requiring food allergy awareness in restaurants.
Guidelines were developed for restaurants, custom-
ers, and health departments on the best practices of
managing food allergies.
1. No later than January 1, 2025, each Class 2, Class 3,
and Class 4 food establishment shall post in a clear
and conspicuous manner on its menus and menu
boards, a request for customers to notify their serv-
er, prior to placing an order, of any food allergies.
2. No later than December 1, 2023, the Department
of Health shall develop or approve
an informational poster regarding food allergies
for Class 2, Class 3, and Class 4 food establish-
ments. The poster shall contain the following
information:
· The most common allergy causing foods;
· The actions servers should take when a cus-
tomer notifies them about a food allergy;
· The ways in which kitchen staff and servers can
prevent cross contact of foods; and
· The need to contact 911 if a customer has an
allergic reaction while on the premises of the
food establishment.
Each Class 2, Class 3 and Class 4 food establishment
shall display the developed or approved poster in a
clear and conspicuous manner in its kitchen or desig-
nated staff area by March 1, 2024.
The Certified Food Protection Manager shall ensure
that each employee has viewed the poster and re-
quire each employee to confirm in writing that they
have familiarized themselves with the information in
the poster.
3. No later than February 1, 2024, the Commissioner of
Public Health shall report to the joint standing com-


2023 ANNUAL REVIEW | RECENT LEGISLATION & REGULATIONPAGE | 3
mittee of the General Assembly, the Department of
Public Health’s progress on the implementation of
the food code with respect to allergen training.
New York
The State of New York enacted Assembly Bill
A1002 requiring food service establishments to
do the following:
1. Every food service establishment shall post the
notice containing information on food allergies
in a conspicuous location accessible to all employ-
ees involved in the preparation and/or service of
food, in at least one of the languages spoken by
each employee. See this link for the required aller-
gy awareness notices in different languages.
2. Every food service establishment operating in
New York state that makes available a menu shall
include in a conspicuous manner on each menu or
the assembly upon which the menu or menus are
included, either of the following notices:
· “If you have a food allergy, please notify us.;” and
· A food allergy message that informs the cus-
tomer about the allergy information for each
prepared food item or items on such menu.
3. Every food service establishment that makes a
menu available online for customers to place food
orders for delivery for takeout, including under a
third-party agreement, shall also include on such
menu a food allergy notification to customers and
either provide the following:
· A method by which a customer may indicate a
food allergy, or;
· Provide a food allergy message that informs the
customer about the allergy information for each
prepared food item on the menu.
Texas State
The State of Texas passed Senate Bill 812 establishing
these food allergen awareness requirements:
1. Food Allergen Awareness Poster. A food service
establishment shall display a poster relating to food
allergen awareness in an area of the establishment
regularly accessible to the establishment’s food ser-
vice employees. The poster must include informa-
tion regarding:
• The risk of an allergic reaction to a food allergen;
• Symptoms of an allergic reaction;
• The major food allergens, as determined by fed-
eral law and regulations of the FDA;
• The procedures for preventing an allergic reac-
tion; and
• Appropriate responses for assisting an individual
who is having an allergic reaction.
The Department of State Health Services shall deter-
mine the form and content of the poster and will
post the sample poster on the department’s website
by no later than December 1, 2023. Note: This poster
is not available yet, we will provide a link to the post-
er when it is available.
2. The health department may not accredit a food
protection manager training program unless the
program includes the state’s required food allergen
awareness information.
3. State approved manager examinations must test
managers on the state’s required food allergen
awareness information.
This act became effective on September 1, 2023.
The changes related to food handler training and
manager training and certification go into effect
September 1, 2024. ServSafe Manager and Food
Handler include the state’s required allergen
awareness content.
SERVSAFE ALCOHOL
Alabama
On May 24, 2023, the Governor of the State of Alabama
signed Senate Bill 135 into law, which allows for online
Responsible Vendor Training.
The law states, “Responsible vendor training or testing
may be conducted online by computer, in a classroom,
or by live trainers. Any online training must include
employee testing to pass. Nothing in this subdivision
shall be construed to require an in-person test admin-
istrator or proctor.”
The regulator is not approving online training pro-
grams yet. We are working with the state restaurant
association and regulator to receive approval for
ServSafe Alcohol online. Please continue to use class-
room training at this time.
John’s Creek, GA
On November 15, 2022, the City of John’s Creek ad-
opted a new Alcohol Beverage License Ordinance


2023 ANNUAL REVIEW | RECENT LEGISLATION & REGULATIONDISCLAIMER OF LIABILITY:
This document is not intended as legal counsel. It represents our best
understanding of recent state laws and regulations related to restaurant
training and/or certification.
NRA Solutions provides information as a benefit and in furtherance of its
educational purposes. All information is believed to be accurate at the time
provided. No warranty of accuracy is given.
All copying, reproduction, and retransmission of all or any portion of the
information is expressly prohibited unless NRA Solutions has expressly granted
its prior written consent. NRA Solutions
expressly reserves all other rights.
NRA Solutions will not be held liable for any improper or incorrect use of the
information provided or for any user’s use of the information. In no event shall
NRA Solutions be liable for any direct,
indirect, incidental, special, exemplary, or consequential damages however
caused and on any theory of liability, whether in contract, strict liability, or
tort (including negligence or otherwise) arising
in any way out of the use of the information. This disclaimer of liability
applies to any damages or injury under any cause of action.
Information may contain technical inaccuracies or typographical errors. Changes
may be periodically incorporated into the information and materials.
©2023 National Restaurant Association Educational Foundation (NRAEF). All rights
reserved. ServSafe® and the ServSafe logo are trademarks of NRAEF. National
Restaurant Association® and arc
design are trademarks of the National Restaurant Association
2023 ANNUAL REVIEW | RECENT LEGISLATION & REGULATION
establishing an Alcohol Employee Pouring Permit.
The new pouring permit requires responsible
alcohol server training for sellers and servers.
Savannah, Georgia
Beginning 1/1/2024, Savannah’s Department of Reve-
nue has a mandatory liquor code and human traffick-
ing class that servers need to complete to get a city
server training permit picture ID card.”
Utah
In March 2023, Utah passed Senate Bill 173 making
various amendments to the alcohol code. The changes
to training focus on off-premise training providers and
various technical amendments.
There was one change related to on-premise training.
Employees must now receive their responsible al-
cohol training before or on first day of employment.
SERVSAFE WORKPLACE SAFETY
Iowa
Effective July 1, 2023, a new Iowa law allows 16- and
17-year-olds to serve or sell alcohol for consumption
on premises during the hours the restaurant serves
food, when there are at least two employees 18 years
of age or older present in the area. Additionally,
restaurant employees under 18 must complete sexual
harassment prevention training before start of em-
ployment. If a workplace harassment incident occurs,
it must be reported to the employer and to the Iowa
Civil Rights Commission.


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