HB5111 103RD GENERAL ASSEMBLY

LRB103 35430 RPS 65496 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5111

Introduced 2/8/2024, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

410 ILCS 625/3.07

Amends the Food Handling Regulation Enforcement Act. Provides that all food handlers employed by a restaurant, retail food establishment, nursing home, school, or day care center and certified food service sanitation managers employed by a restaurant, retail food establishment, nursing home, school, or day care center (instead of all certified food service sanitation managers employed by a restaurant) must receive or obtain training in basic allergen awareness principles within 30 days after employment and every 3 years thereafter. Defines "retail food establishment".

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Food Handling Regulation Enforcement Act is amended by changing Section 3.07 as follows:

(410 ILCS 625/3.07)

Sec. 3.07. Allergen awareness training.

(a) As used in this Section:

"Certified food service sanitation manager" means a food service sanitation manager certified under Section 3 of this Act.

"Major food allergen" includes milk, eggs, fish, crustaceans, tree nuts, wheat, peanuts, soybeans, and food ingredients that contain protein derived from these foods.

"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.

"Restaurant" means any business that is primarily engaged in the sale of ready-to-eat food for immediate consumption.

"Retail food establishment" means any business that sells food directly to consumers, including, but not limited to, restaurants, bakeries, grocery stores, and food trucks.

(b) Unless otherwise provided, all food handlers employed by a restaurant, retail food establishment, nursing home, school, or day care center and certified food service sanitation managers employed by a restaurant, retail food establishment, nursing home, school, or day care center must receive or obtain training in basic allergen awareness principles within 30 days after employment and every 3 years thereafter. Training programs must be accredited by the American National Standards Institute or another reputable accreditation agency under the ASTM International E2659-09 (Standard Practice for Certificate Programs). There is no limit to how many times an employee may take the training.

(c) Allergen awareness training must cover and assess knowledge of the following topics:

(1) the definition of a food allergy;

(2) the symptoms of an allergic reaction;

(3) the major food allergens;

(4) the dangers of allergens and how to prevent cross-contact;

(5) the proper cleaning methods to prevent allergen contamination;

(6) how and when to communicate to guests and staff about allergens;

(7) the special considerations related to allergens from workstations and self-serve areas;

(8) how to handle special dietary requests;

(9) dealing with emergencies, including allergic reactions;

(10) the importance of food labels;

(11) how to handle food deliveries in relation to allergens;

(12) proper food preparation for guests with food allergies; and

(13) cleaning and personal hygiene considerations to prevent contaminating food with allergens.

(d) If an entity uses an allergen awareness training program accredited by the American National Standards Institute or another reputable accreditation agency under the ASTM International E2659-09 (Standard Practice for Certificate Programs), then that training program meets the requirements of this Section. The training indicated in this subsection (d) is transferable between employers, but not individuals.

(e) If a business with an internal training program follows the guidelines in subsection (c), and is approved in another state prior to the effective date of this amendatory Act of the 100th General Assembly, then the business's training program and assessment meets the requirements of the Section. The training indicated in this subsection (e) is not transferable between individuals or employers.

(f) The training program of any multi-state business with a plan that follows the guidelines of subsection (c) meets the requirements of this Section. The training indicated in this subsection (f) is not transferable between individuals or employers.

(g) This Section does not apply to a multi-state business or a franchisee, as defined in the Franchise Disclosure Act of 1987, that has a food handler training program that follows the guidelines in subsection (d) of Section 3.06 of this Act; an individual that receives food handler training in accordance with the rules adopted under this Act; or a Category II facility or Category III facility as defined under 77 Ill. Adm. Code 750.10.

(h) Any and all documents, materials, or information related to a restaurant or business allergen awareness training module 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, online, computer, classroom, live trainers, remote trainers, and food service sanitation managers who have successfully completed an approved allergen training. Nothing in this subsection (h) shall be construed to require a proctor. Proof that a food service sanitation manager has been trained must be available upon reasonable request by a State or local health department inspector and may be provided electronically.

(i) The regulation of allergen awareness training is considered to be an exclusive function of the State, and local regulation is prohibited. This subsection (i) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(j) The provisions of this Section apply beginning January 1, 2018. From January 1, 2018 through July 1, 2018, enforcement of the provisions of this Section shall be limited to education and notification of requirements to encourage compliance.

(Source: P.A. 100-367, eff. 8-25-17.)