California RulesQuestion 319 of 319

Under California Health & Safety Code §113949.5, an employer's RECORDKEEPING duty regarding food handler cards is which of the following?

a.The employer must post each employee's original Food Handler Card on the wall in the dining room for customers to see
b.The employer must maintain records that document each food handler holds a valid Food Handler Card and must make those records AVAILABLE TO THE LOCAL ENFORCEMENT AGENCY UPON REQUEST; records are typically kept for the duration of employment plus at least 3 years; the original card belongs to the EMPLOYEE (it is portable) and a copy is kept in the employer's records
c.The employer has no recordkeeping duty; the cards are the employee's personal property
d.The employer must mail a copy of each card to the California Department of Public Health within 10 days of hire

Explanation

California Health & Safety Code §113949.5 places a recordkeeping duty on the EMPLOYER (not the local health department): every California food facility must maintain records that document each covered food handler holds a current, valid Food Handler Card, and must MAKE THE RECORDS AVAILABLE to the local enforcement agency upon request. The card itself is the personal property of the EMPLOYEE — it is portable across employers and across statewide-program counties — but the employer keeps a copy (paper or electronic) for compliance verification. Records should be retained for at least the duration of employment plus 3 years (consistent with general employment recordkeeping standards). Option A is wrong because there is no public-posting requirement for individual cards; in fact posting an original would create a privacy concern and risk loss of the employee's only copy. Option C is wrong because the §113949.5 employer duty exists. Option D is wrong because there is no California state filing requirement — accredited providers issue the cards directly and the records stay at the facility. During inspection, the inspector typically asks for a roster matching current employees to current card numbers and expiration dates.

Law Reference: HSC §113949.5

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