HB4686 104TH GENERAL ASSEMBLY

LRB104 18240 BDA 31679 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4686

Introduced , by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

410 ILCS 625/3.08

Amends the Food Handling Regulation Enforcement Act. Provides that, beginning January 1, 2028, the owner of each restaurant in the State shall include in all of the restaurant's menus and online menus clear and conspicuous notices identifying each menu item that contains a major food allergen, as defined in the Federal Food, Drug, and Cosmetic Act. Establishes penalties for violations of this requirement.

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 3.08 as follows:

(410 ILCS 625/3.08)

Sec. 3.08. Food allergy awareness.

(a) A restaurant shall display a notice indicating to consumers that any information regarding food allergies must be communicated to an employee of the restaurant.

(b) An employee of a restaurant who receives allergy information from a consumer shall communicate the consumer's information to the restaurant's person in charge or the certified food protection manager on duty. A person working with a consumer's food must take necessary safety precautions when preparing the food to avoid cross contamination of the food with allergens.

(c) A restaurant meets the requirements of this Section if the restaurant displays a notice regarding food allergies or provides a statement regarding food allergies on its menu that was approved in another state before the effective date of this amendatory Act of the 101st General Assembly.

(d) A multi-state business or a franchisee, as that term is defined in the Franchise Disclosure Act of 1987, meets the requirements of this Section if the multi-state business or franchisee has an internal policy that requires a notice regarding allergies to be displayed or a statement regarding food allergies to be provided on the menu.

(e) On or before January 1, 2020, the Department of Public Health shall create and make available on its website for download the notice required to be displayed under subsection (a) of this Section.

(f) From the effective date of this amendatory Act of the 101st General Assembly through July 1, 2020, enforcement of this Section shall be limited to education and notification of the requirements of this Section to encourage compliance.

(g) Beginning January 1, 2028, the owner of each restaurant in the State shall include in all of the restaurant's menus and online menus clear and conspicuous notices identifying each menu item that contains a major food allergen, as defined in subsection (qq) of Section 201 of the Federal Food, Drug, and Cosmetic Act.

The owner of a restaurant who violates this subsection is subject to a fine of $500 for a violation of this subsection and an additional $500 fine for each menu item that contains a major food allergen but does not contain the notice required under this subsection.

When conducting an inspection of a restaurant, inspectors for the Department of Public Health and local health departments shall visually verify that the menus and online menus used by the restaurant meet the requirements of this subsection. The Department of Public Health or a local health department may order the immediate cessation of operations at any restaurant if one or more violations of the allergen notice requirements of this subsection are observed during 5 separate food safety inspections.

(Source: P.A. 101-495, eff. 8-23-19.)