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Public Act 099-0062
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| SB0046 Enrolled | LRB099 00326 MGM 20332 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Food Handling Regulation Enforcement Act is |
amended by changing Sections 3 and 3.06 as follows:
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(410 ILCS 625/3) (from Ch. 56 1/2, par. 333)
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Sec. 3.
Each food service establishment shall be under the |
operational
supervision of a certified food service sanitation |
manager in accordance
with rules promulgated under this Act.
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By July 1, 1990, the Director of the Department of Public |
Health in
accordance with this Act, shall
promulgate rules for |
the education, examination, and certification of food
service |
establishment managers and instructors of the food service
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sanitation manager certification education programs. Beginning |
July 1, 2014, any individual seeking a food service sanitation |
manager certificate or a food service sanitation manager
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instructor certificate must complete a minimum of 8 hours of |
Department-approved training, inclusive of the examination, |
and receive a passing score on the examination set by the |
certification exam provider accredited under standards |
developed and adopted by the Conference for Food Protection or |
its successor organization. of at least 75% on the examination. |
A food service
sanitation manager certificate and a food |
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service sanitation manager
instructor certificate shall be |
valid for 5 years, unless revoked by the
Department of Public |
Health, and shall not be transferable from the
individual to |
whom it was issued. Beginning July 1, 2014, recertification for |
food service sanitation manager certification shall be |
accomplished by
presenting evidence of completion of 8 hours of |
Department-approved training, inclusive of the examination, |
and having received a passing score on the examination set by |
the certification exam provider accredited under standards |
developed and adopted by the Conference for Food Protection or |
its successor organization. of at least 75% on the examination.
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For purposes of certification and recertification for food |
service sanitation manager certification, the Department shall |
accept only training approved by the Department and |
certification exams accredited under standards developed and |
adopted by the Conference for Food Protection or its successor.
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The Department shall charge
a fee of $35 for each new and |
renewed food service sanitation manager
certificate and $10 for |
each replacement certificate.
All fees collected
under this |
Section shall be deposited into the Food and Drug Safety Fund.
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Any
fee received by the Department under this Section that |
is submitted for the
renewal of an expired food service |
sanitation manager certificate may be
returned by the Director |
after recording the receipt of the fee and the reason
for its |
return.
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The Department shall award an Illinois certificate to |
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anyone presenting a valid certificate issued by another state, |
so long as the holder of the certificate provides proof of |
having passed an examination accredited under standards |
developed and adopted by the Conference for Food Protection or |
its successor. The $35 issuance fee applies. The reciprocal |
Illinois certificate shall expire on the same date as the |
presented certificate. On or before the expiration date, the |
holder must have met the Illinois recertification requirements |
in order to be reissued an Illinois certificate. Reciprocity is |
only for individuals who have moved to or begun working in |
Illinois in the 6 months prior to applying for reciprocity. Any |
individual presenting an out-of-state certificate may do so |
only once. |
(Source: P.A. 98-566, eff. 8-27-13.)
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(410 ILCS 625/3.06) |
Sec. 3.06. Food handler training; restaurants. |
(a) For the purpose of this Section, "restaurant" means any |
business that is primarily engaged in the sale of ready-to-eat |
food for immediate consumption. "Primarily engaged" means |
having sales of ready-to-eat food for immediate consumption |
comprising at least 51% of the total sales, excluding the sale |
of liquor. |
(b) Unless otherwise provided, all food handlers employed |
by a restaurant, other than someone holding a food service |
sanitation manager certificate, must receive or obtain |
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American National Standards Institute-accredited training in |
basic safe food handling principles within 30 days after |
employment and every 3 years thereafter. Notwithstanding the |
provisions of Section 3.05 of this Act, food handlers employed |
in nursing homes, licensed day care homes and facilities, |
hospitals, schools, and long-term care facilities must renew |
their training every 3 years. There is no limit to how many |
times an employee may take the training. The training indicated |
in subsections (e) and (f) of this Section is transferable |
between employers, but not individuals. The training indicated |
in subsections (c) and (d) of this Section is not transferable |
between individuals or employers. Proof that a food handler has |
been trained must be available upon reasonable request by a |
State or local health department inspector and may be provided |
electronically. |
(c) If a business with an internal training program is |
approved in another state prior to the effective date of this |
amendatory Act of the 98th General Assembly, then the |
business's training program and assessment shall be |
automatically approved by the Department upon the business |
providing proof that the program is approved in said state. |
(d) The Department shall approve the training program of |
any multi-state business with a plan that follows the |
guidelines in subsection (b) of Section 3.05 of this Act and is |
on file with the Department by March 31, 2015 May 15, 2013. |
(e) If an entity uses an American National Standards |
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Institute food handler training accredited program, that |
training program shall be automatically approved by the |
Department. |
(f) Certified local health departments in counties serving |
jurisdictions with a population of 100,000 or less, as reported |
by the U.S. Census Bureau in the 2010 Census of Population, may |
have a training program. The training program must meet the |
requirements of Section 3.05(b) and be approved by the |
Department. This Section notwithstanding, certified local |
health departments in the following counties may have a |
training program: |
(1) a county with a population of 677,560 as reported |
by the U.S. Census Bureau in the 2010 Census of Population; |
(2) a county with a population of 308,760 as reported |
by the U.S. Census Bureau in the 2010 Census of Population; |
(3) a county with a population of 515,269 as reported |
by the U.S. Census Bureau in the 2010 Census of Population; |
(4) a county with a population of 114,736 as reported |
by the U.S. Census Bureau in the 2010 Census of Population; |
(5) a county with a population of 110,768 as reported |
by the U.S. Census Bureau in the 2010 Census of Population; |
(6) a county with a population of 135,394 as reported |
by the U.S. Census Bureau in the 2010 Census of Population. |
The certified local health departments in paragraphs (1) |
through (6) of this subsection (f) must have their training |
programs program on file with the Department no later than 90 |
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days after the effective date of this Act. Any modules that |
meet the requirements of subsection (b) of Section 3.05 of this |
Act and are not approved within 180 days after the Department's |
receipt of the application of the entity seeking to conduct the |
training shall automatically be considered approved by the |
Department. |
(g) Any and all documents, materials, or information |
related to a restaurant or business food handler training |
module submitted to the Department is confidential and shall |
not be open to public inspection or dissemination and is exempt |
from disclosure under Section 7 of the Freedom of Information |
Act. Training may be conducted by any means available, |
including, but not limited to, on-line, computer, classroom, |
live trainers, remote trainers, and certified food service |
sanitation managers. There must be at least one commercially |
available, approved food handler training module at a cost of |
no more than $15 per employee; if an approved food handler |
training module is not available at that cost, then the |
provisions of this Section 3.06 shall not apply. |
(h) The regulation of food handler training is considered |
to be an exclusive function of the State, and local regulation |
is prohibited. This subsection (h) is a denial and limitation |
of home rule powers and functions under subsection (h) of |
Section 6 of Article VII of the Illinois Constitution. |
(i) The provisions of this Section apply beginning July 1, |
2014. From July 1, 2014 through December 31, 2014, enforcement |