HB5917ham001 96TH GENERAL ASSEMBLY

Rep. Brandon W. Phelps

Filed: 3/16/2010

09600HB5917ham001 LRB096 16679 RPM 38920 a

AMENDMENT TO HOUSE BILL 5917

AMENDMENT NO. ______. Amend House Bill 5917 by replacing everything after the enacting clause with the following:

"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 accredited certification 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 July 1, 2011, any individual seeking initial certification shall be required to complete a minimum of 7 hours of certification training approved by the Department and successfully pass a certification examination pursuant to subsection (b) of this Section.

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

(e) For the purposes of this Section:

"Accredited certification examination" means a food protection certification examination that meets the criteria established by the Conference for Food Protection, or its successor, as determined by an accrediting organization.

"Accrediting organization" means an independent organization, such as the American National Standards Institute, that determines whether a food protection certification examination meets the standards established by the Conference for Food Protection or its successor.

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