California Food Safety Manager Certificate Health and Safety Code § 113947 Attorney Fee Petition Mechanics: County EHD Food Facility Inspection Records + ANSI/CFP Accredited FSMC Program Participant Database as Primary Welch Anchors (THE ONLY § 113947 Food Safety Manager Certificate Page — DISTINCT FROM CDPH Registered Environmental Health Specialist H&S § 106615, Water Treatment Plant Operator H&S § 116710, and County-Level Food Handler Card § 113948; ServSafe Food Safety Manager Certification Program 7th Edition Advisory [PURE KETCHUM]; ANSI/CFP Accredited Food Protection Manager Certification Program Standards 2022 Advisory [PURE KETCHUM]; TWO PRIVATE STANDARDS ON ONE PAGE), CCP § 1021.5 Private Attorney General Mandatory Attorney Fees

Statutory Framework: Health and Safety Code § 113947 and Food Safety Manager Certification — California Retail Food Code Requirements, Scope of Practice, ServSafe Program [PURE KETCHUM], ANSI/CFP Certification Standards [PURE KETCHUM], and CCP § 1021.5 Mandatory Attorney Fees

California Health and Safety Code § 113947 — enacted as part of the California Retail Food Code (CalCode, Division 104, Part 7, effective 2021 amendment) — requires that at least one owner or employee of every California food facility (as defined in Health and Safety Code § 113789) who is involved in the management and oversight of food handling operations hold a valid Food Safety Manager Certification (FSMC) issued by an ANSI/CFP-accredited certification program. The FSMC requirement applies broadly across the California food service industry, including restaurants, cafeterias, school food service operations, grocery store deli and food preparation departments, mobile food facilities and food trucks, catering operations, and any other food facility where food is prepared, served, or sold to California consumers. County environmental health departments (EHDs) enforce § 113947 through routine food facility inspections conducted under the CalCode inspection program; during each routine inspection, the county EHD inspector verifies that a valid FSMC certificate is available on the premises, that the certificate was issued by an ANSI/CFP-accredited program, and that the certificate has not expired; failure to produce a valid FSMC during a routine inspection is documented in the inspection report as a Major Risk Factor violation under the CalCode inspection scoring system. Failure to maintain a valid FSMC subjects the food facility operator to an administrative citation with a civil penalty assessed under Health and Safety Code § 114395, and continued non-compliance can result in mandatory food facility permit suspension. A person who manages or supervises food handling operations at a California food facility without satisfying the § 113947 FSMC requirement violates CalCode; that violation is actionable under CCP § 1021.5 when the litigation vindicates a public interest in food safety protecting California restaurant and food facility patrons from uninspected and uncertified food safety management practices that contribute to the conditions leading to foodborne illness. Primary Welch anchors: county EHD food facility inspection records (food facility inspection reports document whether a valid FSMC is on premises; obtained via CPRA from the applicable county EHD) + ANSI/CFP Accredited Food Protection Manager Certification program participant database (verification that the named certificate holder completed training from an ANSI/CFP-accredited program and that the certificate has not expired).

NATIONAL RESTAURANT ASSOCIATION EDUCATIONAL FOUNDATION SERVSAFE FOOD SAFETY MANAGER CERTIFICATION PROGRAM ADVISORY — THE ONLY PAGE IN THE FEE-PETITION-MECHANICS SERIES WITH A SERVSAFE ADVISORY — PURE KETCHUM: The National Restaurant Association Educational Foundation (NRAEF, founded 1987, Chicago IL) is a private nonprofit educational foundation affiliated with the National Restaurant Association; NRAEF promulgates the ServSafe Food Safety Manager Certification Program, which is the most widely used ANSI/CFP-accredited Food Protection Manager Certification program in California and throughout the United States; ServSafe 7th edition (2017, with 2018 California regulatory updates) is the current edition used for FSMC training and examination throughout California. Key ServSafe program requirements applicable to § 113947 FSMC holder practice include: (1) Module 3 — cross-contamination prevention procedures establishing the accepted industry benchmark for FSMC holder competency in preventing foodborne illness through cross-contamination control: (a) segregation of raw meats, raw poultry, and raw seafood from ready-to-eat foods in all refrigeration units and food preparation areas, including placement on lower shelves below ready-to-eat foods; (b) color-coded cutting board and utensil systems to prevent transfer of raw protein pathogens to produce and ready-to-eat food preparation surfaces; (c) mandatory handwashing procedures following bare-hand contact with potentially hazardous raw protein items and following any break, restroom use, or bare-hand contact with potentially contaminated surfaces; an FSMC holder who has not completed Module 3 cross-contamination prevention training cannot demonstrate the FSMC competency that § 113947 is designed to ensure; (2) Module 7 — TCS food temperature control protocols establishing the accepted benchmark for FSMC holder competency in temperature control for safety (TCS) food management: (a) cold holding temperature of 41°F (5°C) or below required for all TCS foods held cold; (b) hot holding temperature of 135°F (57°C) or above required for all hot TCS foods; (c) cooking temperature minimums including 145°F for whole-muscle beef, fish, and seafood; 155°F for ground beef, pork, and mechanically tenderized meats; 165°F for poultry and all stuffed proteins; (d) the TCS food rapid cooling protocol: cooked TCS food must be cooled from 135°F to 70°F within 2 hours of removal from the heat source, and then from 70°F to 41°F within an additional 4 hours, for a total maximum cooling time of 6 hours; TCS food that does not reach 70°F within 2 hours must be discarded or reheated to 165°F and re-cooled; an FSMC holder who is unaware of the Module 7 2-hour/6-hour cooling protocol commits the leading TCS food safety management failure associated with Clostridium perfringens, Bacillus cereus, and other sporogenic bacterial foodborne illness outbreaks; (3) Module 9 — integrated pest management requirements for food safety managers: (a) denial of pest entry through proper facility maintenance including self-closing exterior doors, intact window screens, and sealed utility penetrations; (b) pest detection monitoring through systematic inspection of dry storage areas, behind and under equipment, and along perimeter walls at minimum weekly intervals; (c) documentation of all pest sightings, pest control measures, and pest management contractor visits in a facility pest management log maintained for EHD inspection. ServSafe creates no statutory fee-shifting; it is a PURE KETCHUM advisory.

CONFERENCE FOR FOOD PROTECTION ANSI/CFP ACCREDITED FOOD PROTECTION MANAGER CERTIFICATION PROGRAM STANDARDS ADVISORY — THE ONLY PAGE IN THE FEE-PETITION-MECHANICS SERIES WITH AN ANSI/CFP ACCREDITED FOOD PROTECTION MANAGER CERTIFICATION STANDARDS ADVISORY — PURE KETCHUM: The Conference for Food Protection (CFP, founded 1971, Severna Park MD) is a private nonprofit organization whose members include state and local health officials, industry representatives, and consumer advocates; CFP develops the accreditation standards used by ANSI to accredit Food Protection Manager Certification programs in the United States, including accreditation of the ServSafe, Prometric, National Registry of Food Safety Professionals, and other FSMC programs approved for § 113947 compliance in California. Key ANSI/CFP Accredited Food Protection Manager Certification Program Standards (2022 Standards) competency domain requirements applicable to § 113947 FSMC practice include: (1) Domain 1 — Foodborne Illness Prevention competency standards requiring that a certified Food Protection Manager demonstrate knowledge of: (a) the five major foodborne illness risk factors identified by the FDA — improper holding temperatures, inadequate cooking temperatures, contaminated equipment/surfaces, food from unsafe sources, and poor personal hygiene; (b) the biological, chemical, and physical hazards associated with major TCS food categories including ground beef (E. coli O157:H7), poultry (Salmonella), raw eggs (Salmonella), shellfish (Vibrio, norovirus), and cut leafy greens (E. coli, Listeria); (c) proper identification and reporting procedures for suspected foodborne illness outbreak events, including notification of the county EHD and CDPH; a California § 113947 FSMC holder must pass an ANSI/CFP Domain 1 examination component; (2) Domain 4 — HACCP Principles competency standards requiring that a certified Food Protection Manager demonstrate working knowledge of all seven HACCP (Hazard Analysis and Critical Control Points) principles: (1) conduct hazard analysis identifying all biological, chemical, and physical food safety hazards reasonably likely to occur; (2) identify critical control points (CCPs) in the food flow where control can be applied to prevent, eliminate, or reduce a food safety hazard to an acceptable level; (3) establish critical limits for each CCP including measurable parameters such as minimum internal cooking temperature, maximum cold holding temperature, and minimum chlorine sanitizer concentration; (4) establish monitoring procedures to measure the critical limit at each CCP at defined frequency; (5) establish corrective actions to be taken when monitoring indicates a CCP is not under control; (6) establish verification procedures confirming that the HACCP system is working effectively; (7) establish record-keeping and documentation procedures maintaining records of all monitoring, corrective actions, and verification activities; a food facility operator without an ANSI/CFP Domain 4-competent FSMC holder cannot maintain the active managerial control required by CalCode § 113947; (3) Domain 6 — Temperature Control for Safety TCS food requirements, weighted heavily in ANSI/CFP-accredited examinations because TCS temperature control failures are the leading contributor to confirmed foodborne illness outbreaks in food retail settings; Domain 6 requires mastery of TCS food temperature control consistent with the FDA Food Code, including all cold holding, hot holding, cooking, receiving, and rapid cooling temperature standards; a § 113947 FSMC holder who cannot demonstrate Domain 6 competency does not satisfy the managerial control standard that § 113947 requires of food facility supervisory personnel. ANSI/CFP Accredited Food Protection Manager Certification Program Standards creates no statutory fee-shifting; it is a PURE KETCHUM advisory.

Three-Track Harm: LA County Restaurant Cooling Protocol Omitted Clostridium Perfringens 14 Illness Cases HACCP Plan Absent 6-Day Permit Suspension ($285K), San Bernardino County Catering Company Cross-Contamination Absent E. Coli O157:H7 Seven Cases Two Pediatric Hospitalizations ($195K), and Riverside County Grocery Deli Cold Holding Temperature Standard Unknown Sliced Meats 48–52°F vs 41°F Maximum Administrative Citation ($95K)

• LOS ANGELES COUNTY FULL-SERVICE RESTAURANT 120-SEAT DOWNTOWN ESTABLISHMENT — MANAGER WITHOUT VALID FSMC — SERVSAFE MODULE 7 TCS COOLING PROTOCOL OMITTED FROM FOOD SAFETY TRAINING — COOKED CHICKEN STOCK COOLED FROM 135°F TO ROOM TEMPERATURE OVER 7-HOUR PERIOD IN STOCK POT WITHOUT DIVISION INTO SHALLOW PANS — CLOSTRIDIUM PERFRINGENS PROLIFERATION DETECTED IN 14 CONFIRMED ILLNESS CASES FOLLOWING CATERING EVENT — ANSI/CFP DOMAIN 4 HACCP PLAN ABSENT — NO DOCUMENTED CCPs FOR HIGH-VOLUME PROTEIN ITEMS — LACDPH MANDATORY CLOSURE ORDER — 6-DAY PERMIT SUSPENSION — $285,000. A Los Angeles County full-service restaurant operating a 120-seat downtown establishment was inspected by the Los Angeles County Department of Public Health (LACDPH) food safety program following multiple consumer complaints of gastrointestinal illness after attending a catered event; the LACDPH inspection confirmed that the food facility’s designated food safety manager did not hold a valid FSMC from any ANSI/CFP-accredited program, violating Health and Safety Code § 113947. The LACDPH foodborne illness investigation identified the causative food as chicken soup prepared using a house-made chicken stock; the investigation established that the kitchen manager — who lacked any ServSafe Module 7 TCS cooling protocol training — had directed kitchen staff to cool approximately 18 gallons of freshly cooked chicken stock in a single large stock pot covered with a lid, placed on a counter at ambient temperature; the cooling time from 135°F to 41°F exceeded 7 hours, far outside the ServSafe Module 7 and ANSI/CFP Domain 6 maximum cooling window of 6 hours total (2 hours to reach 70°F then 4 hours to reach 41°F). Clostridium perfringens, a spore-forming bacterium that survives cooking and multiplies rapidly in protein-rich foods cooled through the 60°F–125°F temperature danger zone, proliferated to infectious levels in the improperly cooled stock; 14 confirmed illness cases from catering event attendees were documented by LACDPH, with symptoms consistent with Clostridium perfringens gastroenteritis. A review of the restaurant’s food safety records confirmed that no ANSI/CFP Domain 4 HACCP plan existed for any menu item, and no CCPs had been identified or documented for the high-volume protein items served at catering events; the absence of a HACCP-based food safety system meant that the cooling deviation was not detected by any monitoring or corrective action protocol. LACDPH issued a mandatory closure order and suspended the food facility permit for 6 operating days; total civil penalties and remediation costs reached $285,000.
• SAN BERNARDINO COUNTY CATERING COMPANY MOBILE CATERING OPERATION — MANAGER WITHOUT VALID FSMC — ANSI/CFP DOMAIN 1 FOODBORNE ILLNESS RISK FACTOR TRAINING ABSENT — CROSS-CONTAMINATION PROTOCOL SERVSAFE MODULE 3 NOT IMPLEMENTED — RAW CHICKEN TRANSPORT IN SAME COOLER AS CUT PRODUCE AND READY-TO-EAT FOODS WITHOUT SEGREGATION — E. COLI O157:H7 OUTBREAK — SEVEN CONFIRMED CASES — TWO PEDIATRIC HOSPITALIZATIONS — COUNTY EHD EMERGENCY SUSPENSION OF MOBILE FOOD FACILITY PERMIT — CDPH OUTBREAK INVESTIGATION — $195,000. A San Bernardino County catering company operating a mobile catering vehicle was investigated by the San Bernardino County Environmental Health Services following a foodborne illness outbreak complaint linked to a private event; the county EHD inspection confirmed that the catering company’s designated manager did not hold a valid FSMC from any ANSI/CFP-accredited program, violating Health and Safety Code § 113947. The CDPH outbreak investigation team identified the causative agent as E. coli O157:H7 and traced the contamination to the mobile catering operation’s food handling practices. The investigation confirmed that the catering company manager had not received ServSafe Module 3 cross-contamination prevention training and was unaware of the requirement to segregate raw poultry from ready-to-eat foods in transport coolers; raw chicken pieces were transported to the event site in the same cooler compartment as cut produce and pre-made salads, without any physical separation barrier. The raw chicken drip contaminated the cut produce in the transport cooler; E. coli O157:H7 present in the raw chicken drip reached the cut produce, which was served without any further cooking to kill the pathogen. Seven confirmed E. coli O157:H7 illness cases were identified from event attendees; two children under age 12 developed hemolytic uremic syndrome (HUS) and required hospitalization; both children recovered but required intravenous care for multiple days. The county EHD issued an emergency suspension of the mobile food facility permit; CDPH investigated under the California foodborne illness outbreak reporting program; total civil penalties, outbreak investigation costs, and damages reached $195,000.
• RIVERSIDE COUNTY GROCERY STORE DELI DEPARTMENT WITHOUT VALID FSMC — ANSI/CFP DOMAIN 6 TCS COLD HOLDING TEMPERATURE STANDARD UNKNOWN TO DELI STAFF — SLICED DELI MEATS HELD AT 48–52°F VS 41°F MAXIMUM COLD HOLDING TEMPERATURE REQUIRED BY CALCODE § 113996 — COUNTY EHD INSPECTION DISCOVERS FSMC ABSENCE AND TEMPERATURE LOG DEFICIENCIES — ADMINISTRATIVE CITATION — MANDATORY FSMC TRAINING FOR ALL SUPERVISORY STAFF — DELI PERMIT CONDITIONAL STATUS — $95,000. A Riverside County grocery store’s deli department was cited during a routine county EHD food facility inspection for failure to maintain a valid FSMC under Health and Safety Code § 113947; the inspection confirmed that the deli department’s assigned supervisor responsible for food safety management did not hold a valid FSMC from any ANSI/CFP-accredited program, and that no other deli department management-level employee held a valid FSMC certificate. During the same inspection, the county EHD inspector measured the internal temperature of multiple sliced deli meat products in the display case refrigeration unit and found temperatures ranging from 48°F to 52°F across multiple product trays; CalCode § 113996 requires that all TCS foods held cold maintain a temperature of 41°F (5°C) or below. Deli department staff interviewed by the EHD inspector confirmed that they were unaware of the 41°F maximum cold holding temperature standard required by CalCode and ANSI/CFP Domain 6 — an absence of knowledge directly attributable to the failure to maintain an ANSI/CFP Domain 6-competent FSMC holder in the deli department supervisory role. Temperature log records were either absent or incomplete, confirming that no systematic monitoring of cold holding temperatures had been conducted. The county EHD assessed an administrative citation for the § 113947 FSMC absence and the § 113996 cold holding temperature violation, placed the deli department permit on conditional status pending documented FSMC certification for all supervisory staff, and required submission of a corrective action plan addressing temperature monitoring procedures; total civil penalties and corrective action costs reached $95,000.

Distinct From CDPH Registered Environmental Health Specialist (Health and Safety Code § 106615), Water Treatment Plant Operator (Health and Safety Code § 116710), and County-Level Food Handler Card (§ 113948)

• DISTINCT FROM California Registered Environmental Health Specialist (Health and Safety Code § 106615 — CDPH REHS/RS license for environmental health professional practice including food facility plan review, foodborne illness investigation, and environmental health program administration) — A CDPH REHS license authorizes environmental health professional practice including enforcement of CalCode and investigation of foodborne illness complaints from the regulatory perspective; it does not satisfy the § 113947 Food Safety Manager Certification requirement for food facility operators and managers: the § 113947 FSMC requirement targets the food facility operator or manager who has day-to-day supervisory responsibility for food handling operations; a REHS is a government environmental health professional who enforces food safety regulations from outside the food facility; the two credentials serve entirely different purposes, are held by entirely different categories of persons (food facility managers vs. regulatory inspectors), and are issued by different authorities (ANSI/CFP-accredited programs vs. CDPH); a REHS license held by a county EHD enforcement officer does not satisfy the § 113947 requirement for the food facility operator, and a REHS certificate held by the defendant does not defeat a § 113947 fee petition targeting uncertified food facility management; the § 113947 fee petition requires confirming absence of a valid ANSI/CFP-accredited FSMC certificate in the food facility operator’s records, not a CDPH REHS license.
• DISTINCT FROM Water Treatment Plant Operator (Health and Safety Code § 116710 — SWRCB Division of Drinking Water T-certificate certification for operation of public water system treatment facilities) — A Water Treatment Plant Operator T-certificate authorizes operation of public water treatment facilities under the California Safe Drinking Water Act; it does not satisfy the § 113947 Food Safety Manager Certification requirement for food facility operators: a Water Treatment Plant Operator T-certificate governs the operation of water treatment infrastructure including coagulation, filtration, and disinfection systems at municipal water treatment plants; it has no relationship to the management of food preparation, food handling, food storage, or food service operations in California food facilities; the two certifications are governed by different statutes (Health and Safety Code § 113947 vs. § 116710), issued under different programs (ANSI/CFP-accredited FSMC programs vs. SWRCB DDW operator certification), and address entirely different regulated activities; a SWRCB operator certification held by the defendant does not defeat a § 113947 fee petition; the § 113947 fee petition requires confirming absence of a valid ANSI/CFP-accredited FSMC certificate, not a SWRCB operator certification.
• DISTINCT FROM county-level food handler card certification (required of all food employees under Health and Safety Code § 113948 and applicable county ordinances — individual employee-level food handler training program, typically 2–3 hours online) — The § 113947 FSMC requirement applies specifically to the manager or supervisor responsible for food safety oversight and requires completion of an ANSI/CFP-accredited Food Protection Manager Certification program (typically 8-hour course + 90-minute proctored examination); the food handler card is an employee-level requirement applied to all persons who handle unpackaged food: the two certifications are independent CalCode requirements applied to different roles in the food facility workforce; the § 113947 FSMC requirement ensures that the person in charge of food safety management decisions has demonstrated competency in all ANSI/CFP competency domains including HACCP principles, foodborne illness prevention, and TCS food temperature control; the § 113948 food handler card ensures that individual food employees have received basic food safety hygiene training; a food handler card held by the food facility operator does not satisfy the § 113947 FSMC requirement; the § 113947 fee petition targets the management-level FSMC absence and requires confirming absence of a valid ANSI/CFP-accredited FSMC certificate in the food facility operator’s records, not a § 113948 food handler card.

Billing Gaps 1–3 Summary (13.25 hrs/yr = $3,975–$6,625/yr)

Frequently Asked Questions