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| Public Act 099-0458 | ||||
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AN ACT concerning local government.
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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 Illinois Municipal Code is amended by | ||||
changing Section 11-20-16 as follows: | ||||
(65 ILCS 5/11-20-16) | ||||
Sec. 11-20-16. Retail food establishments. | ||||
(a) A municipality in a county having a population of | ||||
2,000,000 or more inhabitants must regulate and inspect retail | ||||
food establishments in the municipality. A municipality must | ||||
regulate and inspect retail food establishments in accordance | ||||
with applicable federal and State laws pertaining to the | ||||
operation of retail food establishments including but not | ||||
limited to the Illinois Food Handling Regulation Enforcement | ||||
Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary | ||||
Food Preparation Act, the regulations of the Illinois | ||||
Department of Public Health, and local ordinances and | ||||
regulations. This subsection shall not apply to a municipality | ||||
that is served by a certified local health department other | ||||
than a county certified local health department. | ||||
A home rule unit may not regulate retail food | ||||
establishments in a less restrictive manner than as provided in | ||||
this Section. This Section is a limitation of home rule powers | ||||
under subsection (i) of Section 6 of Article VII of the | ||
Illinois Constitution on the concurrent exercise by home rule | ||
units of the powers and functions exercised by the State. | ||
(b) A municipality may enter into an intergovernmental | ||
agreement with a county that provides for the county's | ||
certified local health department to perform any or all | ||
inspection functions for the municipality. The municipality | ||
must pay the county's reasonable costs. A municipality may | ||
enter into an intergovernmental agreement with a local health | ||
district, as defined in Section 11 of the Public Health | ||
District Act and that serves the entire municipality, to | ||
regulate and inspect retail food establishments for the | ||
municipality. An intergovernmental agreement shall not | ||
preclude a municipality or local health district from | ||
continuing to license retail food establishments within its | ||
jurisdiction. | ||
(b-5) Notwithstanding subsections (a) and (b) of this | ||
Section, a retail food establishment that presents a low | ||
relative risk of causing foodborne illness according to the | ||
criteria set forth in 77 Ill. Adm. Code Part 615 and is located | ||
in a municipality having a population of 2,000,000 or more | ||
shall either (1) receive one inspection every 2 years; or (2) | ||
if required by the local health department, submit one | ||
self-inspection report every 2 years. A local health department | ||
under this subsection must develop the self-inspection form and | ||
an evaluation and enforcement plan for the self-inspection | ||
program and submit the form and plan to the Department of | ||
Public Health for approval before they may be used. The | ||
evaluation plan must provide for oversight and evaluation of | ||
the self-inspection program. The Department of Public Health | ||
may adopt rules setting standards for local health departments' | ||
evaluation and enforcement plans. The Department of Public | ||
Health and a local health department under this Section may | ||
adopt rules to enforce this Section, including the imposition | ||
of civil money penalties and administrative penalties. | ||
(c) For the purpose of this Section, "retail food | ||
establishment" includes a food service establishment, a | ||
temporary food service establishment, and a retail food store | ||
as defined in the Food Service Sanitation Code, 77 Ill. Adm. | ||
Code Part 750, and the Retail Food Store Sanitation Code, 77 | ||
Ill. Adm. Code Part 760.
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(Source: P.A. 98-193, eff. 8-6-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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