Every year, January 1 brings plenty of new laws, including restaurant-related ones, and 2014 is no exception.

Chief among this year’s new regulations is one that has not gotten a lot of publicity: A new section (113961) of the California Retail Food Cod bans restaurant workers in California from handling ready-to-eat food with bare hands. In other words, the use of gloves or utensils is mandatory whenever ready-to-eat foods are handled, similar to laws in other states.

NRN reports that the law changes — which weren’t issued until mid-December — may catch restaurants unaware, so the California Department of Public Health and the California Conference of Directors of Environmental Health have agreed to a soft roll-out period of six months, basically giving restaurants warnings on inspection reports rather than violations.

For reference, this is the OLD LAW:

(a) Food employees shall minimize bare hand and arm contact with nonprepackaged food that is in a ready-to-eat form. (b) Food employees shall 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. However, food employees may assemble or place on tableware or in other containers ready-to-eat food in an approved food preparation area without using utensils if hands are cleaned in accordance with Section 113953.3.

This is the NEW LAW:

(a) Food employees shall wash their hands in accordance with the provisions established in Section 113953.3. (b) Except when washing fruits and vegetables, as specified in Section 113992 or as specified in subdivisions (e) and (f), food employees shall not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.

There are, however, exceptions to the rule. As noted in the second item above, subdivisions (e) and (f) bring up some loopholes:

(e) Subdivision (b) does not apply to a food employee who contacts exposed, ready-to-eat food with bare hands at the time the ready-to-eat food is being added as an ingredient to a food that meets either of the following: (1) Food that contains a raw animal food and is to be cooked in the food establishment to heat all parts of the food to the minimum temperatures specified in subdivisions (a) and (b) of Section 114004 or in Section 114008.

(2) Food that does not contain a raw animal food but is to be cooked in the food establishment to heat all parts of the food to a temperature of at least 165 degrees Fahrenheit. (f) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if all of the following occur: (1) The permitholder obtains prior approval from the regulatory authority.

(2) Written procedures are maintained in the food facility and made available to the regulatory authority upon request, that include all of the following: (A) For each bare hand contact procedure, a listing of the specific ready-to-eat foods that are touched by bare hands. (B) Diagrams and other information showing that handwashing facilities that are installed, located, and maintained in accordance with Sections 113953, 113953.1, and 113953.2, are in an easily accessible location and in close proximity to the work station where the bare hand contact procedure is conducted.

(3) A written employee health policy that details the manner in which the food facility complies with Sections 113949, 113949.1, 113949.2, 113949.3, 113949.4, 113949.5, 113950, and 113950.5, including all of the following: (A) Documentation that food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food as specified in Section 113949.1. (B) Documentation that food employees and conditional employees acknowledge their responsibilities as specified in Section 113949.4. (C) Documentation that the person in charge acknowledges the responsibilities specified in Sections 113949.5, 113950, and 113950.5.

(4) Documentation that food employees acknowledge that they have received training in all of the following: (A) The risks of contacting the specific ready-to-eat foods with bare hands. (B) Proper handwashing techniques and requirements, pursuant to subdivision (a) of Section 113953.3. (C) Where to wash their hands, as specified in Section 113953.1.

(D) Proper fingernail maintenance, as specified in Section 113968. (E) Prohibition of jewelry, as specified in subdivision (a) of Section 113973. (F) Good hygienic practices, as specified in Sections 113974 and 113977.

(5) Documentation that hands are washed before food preparation and as necessary to prevent cross-contamination by food employees, as specified in Sections 113952, 113953.1, and 113953.3 during all hours of operation when the specific ready-to-eat foods are prepared.

(6) Documentation that food employees contacting ready-to-eat foods with bare hands use two or more of the following control measures to provide additional safeguards to hazards associated with bare hand contact: (A) Double handwashing. (B) Nail brushes. (C) A hand antiseptic after handwashing, as specified in Section 113953.4. (D) Incentive programs such as paid sick leave that assist or encourage food employees not to report to work if they are ill. (E) Other control measures approved by the regulatory authority.

(7) Documentation that corrective action is taken when the requirements specified in paragraphs (1) to (6), inclusive, are not followed.

All you restaurant people got all that? Good.

· California bans bare-handed food contact [NRN]