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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Municipal Code is amended by | ||||||
| 5 | changing Section 11-20-16 as follows: | ||||||
| 6 | (65 ILCS 5/11-20-16) | ||||||
| 7 | Sec. 11-20-16. Retail food establishments. | ||||||
| 8 | (a) A municipality in a county having a population of | ||||||
| 9 | 2,000,000 or more inhabitants must regulate and inspect retail | ||||||
| 10 | food establishments in the municipality. A municipality must | ||||||
| 11 | regulate and inspect retail food establishments in accordance | ||||||
| 12 | with applicable federal and State laws pertaining to the | ||||||
| 13 | operation of retail food establishments including but not | ||||||
| 14 | limited to the Illinois Food Handling Regulation Enforcement | ||||||
| 15 | Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary | ||||||
| 16 | Food Preparation Act, the regulations of the Illinois | ||||||
| 17 | Department of Public Health, and local ordinances and | ||||||
| 18 | regulations. This subsection shall not apply to a municipality | ||||||
| 19 | that is served by a certified local health department other | ||||||
| 20 | than a county certified local health department. | ||||||
| 21 | A home rule unit may not regulate retail food | ||||||
| 22 | establishments in a less restrictive manner than as provided in | ||||||
| 23 | this Section. This Section is a limitation of home rule powers | ||||||
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| 1 | under subsection (i) of Section 6 of Article VII of the | ||||||
| 2 | Illinois Constitution on the concurrent exercise by home rule | ||||||
| 3 | units of the powers and functions exercised by the State. | ||||||
| 4 | (b) A municipality may enter into an intergovernmental | ||||||
| 5 | agreement with a county that provides for the county's | ||||||
| 6 | certified local health department to perform any or all | ||||||
| 7 | inspection functions for the municipality. The municipality | ||||||
| 8 | must pay the county's reasonable costs. A municipality may | ||||||
| 9 | enter into an intergovernmental agreement with a local health | ||||||
| 10 | district, as defined in Section 11 of the Public Health | ||||||
| 11 | District Act and that serves the entire municipality, to | ||||||
| 12 | regulate and inspect retail food establishments for the | ||||||
| 13 | municipality. An intergovernmental agreement shall not | ||||||
| 14 | preclude a municipality or local health district from | ||||||
| 15 | continuing to license retail food establishments within its | ||||||
| 16 | jurisdiction. | ||||||
| 17 | (c) For the purpose of this Section, "retail food | ||||||
| 18 | establishment" includes a food service establishment, a | ||||||
| 19 | temporary food service establishment, and a retail food store | ||||||
| 20 | as defined in the Food Service Sanitation Code, 77 Ill. Adm. | ||||||
| 21 | Code Part 750, and the Retail Food Store Sanitation Code, 77 | ||||||
| 22 | Ill. Adm. Code Part 760.
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| 23 | (Source: P.A. 96-749, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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| 24 | Section 99. Effective date. This Act takes effect upon | ||||||
| 25 | becoming law.
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