HB3495ham001 99TH GENERAL ASSEMBLY

Rep. Robyn Gabel

Filed: 4/16/2015

09900HB3495ham001 LRB099 10568 JLK 34184 a

AMENDMENT TO HOUSE BILL 3495

AMENDMENT NO. ______. Amend House Bill 3495 by replacing everything after the enacting clause with the following:

"Section 1. The General Assembly recognizes that:

(1) the 2013 Food Code published by the U.S. Food and Drug Administration recognizes that food allergies are a food safety issue;

(2) 8.5% of children aged 14 to 18 have a food allergy;

(3) the National Restaurant Association estimates that the restaurant industry receives 47% of the consumer's food dollar;

(4) the free movement of safe and wholesome food is an essential aspect of the market and contributes significantly to the health and well-being of citizens and to their social and economic interests;

(5) to achieve a level of health protection for consumers and to guarantee their right to information, it should be ensured that consumers are appropriately informed as regards the food they consume;

(6) that there has been a massive recall over the spice cumin that has been cross-contacted with peanut, one of the 8 major allergens listed in the Food Allergen Labeling and Consumer Protection Act of 2004; and

(7) the U.S. Food and Drug Administration estimated that it affected 350,000 pounds of beef, pork, and poultry, in addition to hundreds of other products containing cumin.

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

(410 ILCS 625/5 new)

Sec. 5. Food allergen information in Category I facilities and Category II facilities. Category I facilities and Category II facilities, as defined in 77 Ill. Adm. Code 750.10, must be aware of food allergy recalls. Each person who owns or operates a Category I facility or Category II facility must have a designated employee of the facility sign up for the federal Food and Drug Administration food safety recalls for notification in an electronic format, such as by text message or electronic mail, to determine if any of the major food allergens, as defined in the Food Allergy Labeling and Consumer Protection Act of 2004, are involved in a recall. The designated employee is responsible for receiving the recalls and taking any necessary precautions to inform staff of any food or food products containing affected ingredients.".