HB5917 96TH GENERAL ASSEMBLY

LRB096 16679 RPM 31963 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5917

Introduced 2/10/2010, by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

410 ILCS 625/3

from Ch. 56 1/2, par. 333

Amends the Food Handling Regulation Enforcement Act. Deletes language concerning food service sanitation manager recertification. Provides that, beginning January 1, 2011, any individual seeking initial food service sanitation manager certification shall be required to pass the certification examination provided by the Department of Public Health. Provides that an individual seeking initial certification who fails to pass the certification examination shall be required to complete the educational requirements established by the Department before retaking the examination. Provides that an individual who has a current certification from another state where that state required the individual to pass a certification examination shall be issued a food service sanitation manager certification upon application and payment of the corresponding fee.

A BILL FOR

AN ACT concerning public 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 as follows:

(410 ILCS 625/3) (from Ch. 56 1/2, par. 333)

Sec. 3. Food service sanitation manager.

(a) 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.

(b) 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 sanitation manager certification education programs. A food service sanitation manager certificate and a food 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. Recertification shall be accomplished by presenting evidence of ongoing food safety and food sanitation education or re-examination, in compliance with rules promulgated by the Director. Existing certificates shall expire on the printed expiration date or 5 years from the effective date of this amendatory Act of 1989.

Any individual may elect to take the Department of Public Health food service sanitation manager certification examination or take an examination administered by a testing authority previously approved by the Department. 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.

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.

(c) Beginning January 1, 2011, any individual seeking initial certification shall be required to successfully pass the examination provided by the Department pursuant to subsection (b) of this Section. The educational requirements established by the Department under subsection (b) shall only be required if the individual seeking initial certification fails to successfully pass the food service sanitation manager certification examination. If the individual seeking initial certification fails to pass the food service sanitation manager certification examination, then the individual shall be required to complete the educational requirements established by the Department under subsection (b) before retaking the food service manager certification examination.

(d) Beginning January 1, 2011, any individual who has a current food service sanitation manager certification from another state where that state required the individual to successfully pass an accredited food service sanitation manager certification examination in order to obtain the certification shall be issued an Illinois food service sanitation manager certification upon application and payment of the fee established in subsection (b) of this Section.

(Source: P.A. 89-641, eff. 8-9-96.)