Full Text of SB2961 97th General Assembly
SB2961eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Food Handling Regulation Enforcement Act is | 5 | | amended by changing Section 3 and by adding Section 3.05 as | 6 | | follows:
| 7 | | (410 ILCS 625/3) (from Ch. 56 1/2, par. 333)
| 8 | | Sec. 3.
Each food service establishment shall be under the | 9 | | operational
supervision of a certified food service sanitation | 10 | | manager in accordance
with rules promulgated under this Act.
| 11 | | By July 1, 1990, the Director of the Department of Public | 12 | | Health in
accordance with this Act, shall
promulgate rules for | 13 | | the education, examination, and certification of food
service | 14 | | establishment managers and instructors of the food service
| 15 | | sanitation manager certification education programs. Beginning | 16 | | July 1, 2013, any individual seeking a food service sanitation | 17 | | manager certificate or a food service sanitation manager
| 18 | | instructor certificate must complete a minimum of 8 hours of | 19 | | Department-approved training, inclusive of the examination, | 20 | | and receive a score of at least 75% on the examination. A food | 21 | | service
sanitation manager certificate and a food service | 22 | | sanitation manager
instructor certificate shall be valid for 5 | 23 | | years, unless revoked by the
Department of Public Health, and |
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| 1 | | shall not be transferable from the
individual to whom it was | 2 | | issued. Beginning July 1, 2013, recertification for food | 3 | | service sanitation manager certification Recertification shall | 4 | | be accomplished by
presenting evidence of completion of 8 hours | 5 | | of Department-approved training, inclusive of the examination, | 6 | | and having received a score of at least 75% on the examination | 7 | | ongoing food safety and food sanitation education or
| 8 | | re-examination, in compliance with rules promulgated by the | 9 | | Director . Existing
certificates shall expire on the printed | 10 | | expiration date or 5 years from
the effective date of this | 11 | | amendatory Act of 1989.
| 12 | | For purposes of certification and recertification for food | 13 | | service sanitation manager certification, the Department shall | 14 | | accept only training approved by the Department and | 15 | | certification exams accredited under standards developed and | 16 | | adopted by the Conference for Food Protection or its successor. | 17 | | Any individual may elect to take the Department of Public | 18 | | Health food
service sanitation manager certification | 19 | | examination
or take an examination
administered by a testing | 20 | | authority previously approved by the Department.
The | 21 | | Department shall charge
a fee of $35 for each new and renewed | 22 | | food service sanitation manager
certificate and $10 for each | 23 | | replacement certificate.
All fees collected
under this Section | 24 | | shall be deposited into the Food and Drug Safety Fund.
| 25 | | Any
fee received by the Department under this Section that | 26 | | is submitted for the
renewal of an expired food service |
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| 1 | | sanitation manager certificate may be
returned by the Director | 2 | | after recording the receipt of the fee and the reason
for its | 3 | | return.
| 4 | | The Department shall award an Illinois certificate to | 5 | | anyone presenting a valid certificate issued by another state, | 6 | | so long as the holder of the certificate provides proof of | 7 | | having passed an examination accredited under standards | 8 | | developed and adopted by the Conference for Food Protection or | 9 | | its successor. The $35 issuance fee applies. The reciprocal | 10 | | Illinois certificate shall expire on the same date as the | 11 | | presented certificate. On or before the expiration date, the | 12 | | holder must have met the Illinois recertification requirements | 13 | | in order to be reissued an Illinois certificate. Reciprocity is | 14 | | only for individuals who have moved to or begun working in | 15 | | Illinois in the 6 months prior to applying for reciprocity. Any | 16 | | individual presenting an out-of-state certificate may do so | 17 | | only once. | 18 | | (Source: P.A. 89-641, eff. 8-9-96.)
| 19 | | (410 ILCS 625/3.05 new) | 20 | | Sec. 3.05. Food handler training. | 21 | | (a) All food handlers, other than someone holding a food | 22 | | service sanitation manager certificate, must receive training | 23 | | in basic safe food handling principles as outlined in | 24 | | subsection (b) of this Section within 30 days after employment. | 25 | | There is no limit to how many times an employee may take the |
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| 1 | | training. Training is not transferable between individuals or | 2 | | employers. Proof that a food handler has been trained must be | 3 | | available upon reasonable request by a State or local health | 4 | | department inspector. | 5 | | (b) Food handler training must cover and assess knowledge | 6 | | of the following topics: | 7 | | (1) The relationship between time and temperature with | 8 | | respect to foodborne illness, including the relationship | 9 | | between time and temperature and micro-organisms during | 10 | | the various food handling preparation and serving states, | 11 | | and the type, calibration, and use of thermometers in | 12 | | monitoring food temperatures. | 13 | | (2) The relationship between personal hygiene and food | 14 | | safety, including the association of hand contact, | 15 | | personal habits and behaviors, and the food handler's | 16 | | health to foodborne illness, and the recognition of how | 17 | | policies, procedures, and management contribute to | 18 | | improved food safety practices. | 19 | | (3) Methods of preventing food contamination in all | 20 | | stages of food handling, including terms associated with | 21 | | contamination and potential hazards prior to, during, and | 22 | | after delivery. | 23 | | (4) Procedures for cleaning and sanitizing equipment | 24 | | and utensils. | 25 | | (5) Problems and potential solutions associated with | 26 | | temperature control, preventing cross-contamination, |
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| 1 | | housekeeping, and maintenance. | 2 | | (c) Training modules must be approved by the Department. | 3 | | Any modules not approved within 90 days after the Department's | 4 | | receipt of the business application shall automatically be | 5 | | considered approved. If a training module has been approved in | 6 | | another state, then it shall automatically be considered | 7 | | approved in Illinois so long as the business provides proof | 8 | | that the training has been approved in another state. Training | 9 | | may be conducted by any means available, including, but not | 10 | | limited to, on-line, computer, classroom, live trainers, | 11 | | remote trainers, and food service sanitation manager | 12 | | instructors. Nothing in this subsection (c) shall be construed | 13 | | to require a proctor. There should be at least one commercially | 14 | | available, approved food handler training module at a cost of | 15 | | no more than $15 per employee; if an approved food handler | 16 | | training module is not available at that cost, then the | 17 | | provisions of this Section 3.05 shall not apply. | 18 | | (d) Food handler training is considered to be an exclusive | 19 | | function of the State, and local programs are prohibited. This | 20 | | subsection (d) is a denial and
limitation of home rule powers | 21 | | and functions under
subsection (h) of Section 6 of Article VII | 22 | | of the
Illinois Constitution. | 23 | | (e) The provisions of this Section apply beginning July 1, | 24 | | 2015. From July 1, 2015 through December 31, 2015, enforcement | 25 | | of the provisions of this Section shall be limited to education | 26 | | and notification of requirements to encourage compliance.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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