Full Text of SB1495 98th General Assembly
SB1495ham001 98TH GENERAL ASSEMBLY | Rep. Kelly Burke Filed: 5/27/2013
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| 1 | | AMENDMENT TO SENATE BILL 1495
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1495 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Food Handling Regulation Enforcement Act is | 5 | | amended by changing Section 3 and by adding Sections 3.05 and | 6 | | 3.06 as 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, 2014, any individual seeking a food service sanitation |
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| 1 | | manager certificate or a food service sanitation manager
| 2 | | instructor certificate must complete a minimum of 8 hours of | 3 | | Department-approved training, inclusive of the examination, | 4 | | and receive a score of at least 75% on the examination. A food | 5 | | service
sanitation manager certificate and a food service | 6 | | sanitation manager
instructor certificate shall be valid for 5 | 7 | | years, unless revoked by the
Department of Public Health, and | 8 | | shall not be transferable from the
individual to whom it was | 9 | | issued. Beginning July 1, 2014, recertification for food | 10 | | service sanitation manager certification Recertification shall | 11 | | be accomplished by
presenting evidence of completion of 8 hours | 12 | | of Department-approved training, inclusive of the examination, | 13 | | and having received a score of at least 75% on the examination | 14 | | ongoing food safety and food sanitation education or
| 15 | | re-examination, in compliance with rules promulgated by the | 16 | | Director . Existing
certificates shall expire on the printed | 17 | | expiration date or 5 years from
the effective date of this | 18 | | amendatory Act of 1989.
| 19 | | For purposes of certification and recertification for food | 20 | | service sanitation manager certification, the Department shall | 21 | | accept only training approved by the Department and | 22 | | certification exams accredited under standards developed and | 23 | | adopted by the Conference for Food Protection or its successor. | 24 | | Any individual may elect to take the Department of Public | 25 | | Health food
service sanitation manager certification | 26 | | examination
or take an examination
administered by a testing |
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| 1 | | authority previously approved by the Department.
The | 2 | | Department shall charge
a fee of $35 for each new and renewed | 3 | | food service sanitation manager
certificate and $10 for each | 4 | | replacement certificate.
All fees collected
under this Section | 5 | | shall be deposited into the Food and Drug Safety Fund.
| 6 | | Any
fee received by the Department under this Section that | 7 | | is submitted for the
renewal of an expired food service | 8 | | sanitation manager certificate may be
returned by the Director | 9 | | after recording the receipt of the fee and the reason
for its | 10 | | return.
| 11 | | The Department shall award an Illinois certificate to | 12 | | anyone presenting a valid certificate issued by another state, | 13 | | so long as the holder of the certificate provides proof of | 14 | | having passed an examination accredited under standards | 15 | | developed and adopted by the Conference for Food Protection or | 16 | | its successor. The $35 issuance fee applies. The reciprocal | 17 | | Illinois certificate shall expire on the same date as the | 18 | | presented certificate. On or before the expiration date, the | 19 | | holder must have met the Illinois recertification requirements | 20 | | in order to be reissued an Illinois certificate. Reciprocity is | 21 | | only for individuals who have moved to or begun working in | 22 | | Illinois in the 6 months prior to applying for reciprocity. Any | 23 | | individual presenting an out-of-state certificate may do so | 24 | | only once. | 25 | | (Source: P.A. 89-641, eff. 8-9-96.)
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| 1 | | (410 ILCS 625/3.05 new) | 2 | | Sec. 3.05. Non-restaurant food handler training. | 3 | | (a) All food handlers not employed by a restaurant as | 4 | | defined in Section 3.06 of this Act, other than someone holding | 5 | | a food service sanitation manager certificate, must receive or | 6 | | obtain training in basic safe food handling principles as | 7 | | outlined in subsection (b) of this Section within 30 days after | 8 | | employment. There is no limit to how many times an employee may | 9 | | take the training. Training is not transferable between | 10 | | individuals or employers. Proof that a food handler has been | 11 | | trained must be available upon reasonable request by a State or | 12 | | local health department inspector and may be in an electronic | 13 | | format. | 14 | | (b) Food handler training must cover and assess knowledge | 15 | | of the following topics: | 16 | | (1) The relationship between time and temperature with | 17 | | respect to foodborne illness, including the relationship | 18 | | between time and temperature and micro-organisms during | 19 | | the various food handling preparation and serving states, | 20 | | and the type, calibration, and use of thermometers in | 21 | | monitoring food temperatures. | 22 | | (2) The relationship between personal hygiene and food | 23 | | safety, including the association of hand contact, | 24 | | personal habits and behaviors, and the food handler's | 25 | | health to foodborne illness, and the recognition of how | 26 | | policies, procedures, and management contribute to |
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| 1 | | improved food safety practices. | 2 | | (3) Methods of preventing food contamination in all | 3 | | stages of food handling, including terms associated with | 4 | | contamination and potential hazards prior to, during, and | 5 | | after delivery. | 6 | | (4) Procedures for cleaning and sanitizing equipment | 7 | | and utensils. | 8 | | (5) Problems and potential solutions associated with | 9 | | temperature control, preventing cross-contamination, | 10 | | housekeeping, and maintenance. | 11 | | (c) Training modules must be approved by the Department. | 12 | | Any and all documents, materials, or information related to a | 13 | | restaurant or business food handler training module submitted | 14 | | to the Department is confidential and shall not be open to | 15 | | public inspection or dissemination and is exempt from | 16 | | disclosure under Section 7 of the Freedom of Information Act. | 17 | | Any modules complying with subsection (b) of this Section and | 18 | | not approved within 180 days after the Department's receipt of | 19 | | the business application shall automatically be considered | 20 | | approved. If a training module has been approved in another | 21 | | state, then it shall automatically be considered approved in | 22 | | Illinois so long as the business provides proof that the | 23 | | training has been approved in another state. Training may be | 24 | | conducted by any means available, including, but not limited | 25 | | to, on-line, computer, classroom, live trainers, remote | 26 | | trainers, and certified food service sanitation managers. |
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| 1 | | Nothing in this subsection (c) shall be construed to require a | 2 | | proctor. There must be at least one commercially available, | 3 | | approved food handler training module at a cost of no more than | 4 | | $15 per employee; if an approved food handler training module | 5 | | is not available at that cost, then the provisions of this | 6 | | Section 3.05 shall not apply. | 7 | | (d) The regulation of food handler training is considered | 8 | | to be an exclusive function of the State, and local regulation | 9 | | is prohibited. This subsection (d) is a denial and
limitation | 10 | | of home rule powers and functions under
subsection (h) of | 11 | | Section 6 of Article VII of the
Illinois Constitution. | 12 | | (e) The provisions of this Section apply beginning July 1, | 13 | | 2016. From July 1, 2016 through December 31, 2016, enforcement | 14 | | of the provisions of this Section shall be limited to education | 15 | | and notification of requirements to encourage compliance. | 16 | | (410 ILCS 625/3.06 new) | 17 | | Sec. 3.06. Food handler training; restaurants. | 18 | | (a) For the purpose of this Section, "restaurant" means any | 19 | | business that is primarily engaged in the sale of ready-to-eat | 20 | | food for immediate consumption. "Primarily engaged" means | 21 | | having sales of ready-to-eat food for immediate consumption | 22 | | comprising at least 51% of the total sales, excluding the sale | 23 | | of liquor. | 24 | | (b) Unless otherwise provided, all food handlers employed | 25 | | by a restaurant, other than someone holding a food service |
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| 1 | | sanitation manager certificate, must receive or obtain | 2 | | American National Standards Institute-accredited training in | 3 | | basic safe food handling principles within 30 days after | 4 | | employment and every 3 years thereafter. Notwithstanding the | 5 | | provisions of Section 3.05 of this Act, food handlers employed | 6 | | in nursing homes, licensed day care homes and facilities, | 7 | | hospitals, schools, and long-term care facilities must renew | 8 | | their training every 3 years. There is no limit to how many | 9 | | times an employee may take the training. The training indicated | 10 | | in subsections (e) and (f) of this Section is transferable | 11 | | between employers, but not individuals. The training indicated | 12 | | in subsections (c) and (d) of this Section is not transferable | 13 | | between individuals or employers. Proof that a food handler has | 14 | | been trained must be available upon reasonable request by a | 15 | | State or local health department inspector and may be provided | 16 | | electronically. | 17 | | (c) If a business with an internal training program is | 18 | | approved in another state prior to the effective date of this | 19 | | amendatory Act of the 98th General Assembly, then the | 20 | | business's training program and assessment shall be | 21 | | automatically approved by the Department upon the business | 22 | | providing proof that the program is approved in said state. | 23 | | (d) The Department shall approve the training program of | 24 | | any multi-state business with a plan that follows the | 25 | | guidelines in subsection (b) of Section 3.05 of this Act and is | 26 | | on file with the Department by May 15, 2013. |
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| 1 | | (e) If an entity uses an American National Standards | 2 | | Institute food handler training accredited program, that | 3 | | training program shall be automatically approved by the | 4 | | Department. | 5 | | (f) Certified local health departments in counties serving | 6 | | jurisdictions with a population of 100,000 or less, as reported | 7 | | by the U.S. Census Bureau in the 2010 Census of Population, may | 8 | | have a training program. The training program must meet the | 9 | | requirements of Section 3.05(b) and be approved by the | 10 | | Department. This Section notwithstanding, certified local | 11 | | health departments in the following counties may have a | 12 | | training program: | 13 | | (1) a county with a population of 677,560 as reported | 14 | | by the U.S. Census Bureau in the 2010 Census of Population; | 15 | | (2) a county with a population of 308,760 as reported | 16 | | by the U.S. Census Bureau in the 2010 Census of Population; | 17 | | (3) a county with a population of 515,269 as reported | 18 | | by the U.S. Census Bureau in the 2010 Census of Population; | 19 | | (4) a county with a population of 114,736 as reported | 20 | | by the U.S. Census Bureau in the 2010 Census of Population; | 21 | | (5) a county with a population of 110,768 as reported | 22 | | by the U.S. Census Bureau in the 2010 Census of Population; | 23 | | (6) a county with a population of 135,394 as reported | 24 | | by the U.S. Census Bureau in the 2010 Census of Population. | 25 | | The certified local health departments in paragraphs (1) | 26 | | through (6) of this subsection (f) must have their training |
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| 1 | | program on file with the Department no later than 90-days after | 2 | | the effective date of this Act. Any modules that meet the | 3 | | requirements of subsection (b) of Section 3.05 of this Act and | 4 | | are not approved within 180 days after the Department's receipt | 5 | | of the application of the entity seeking to conduct the | 6 | | training shall automatically be considered approved by the | 7 | | Department. | 8 | | (g) Any and all documents, materials, or information | 9 | | related to a restaurant or business food handler training | 10 | | module submitted to the Department is confidential and shall | 11 | | not be open to public inspection or dissemination and is exempt | 12 | | from disclosure under Section 7 of the Freedom of Information | 13 | | Act. Training may be conducted by any means available, | 14 | | including, but not limited to, on-line, computer, classroom, | 15 | | live trainers, remote trainers, and certified food service | 16 | | sanitation managers. There must be at least one commercially | 17 | | available, approved food handler training module at a cost of | 18 | | no more than $15 per employee; if an approved food handler | 19 | | training module is not available at that cost, then the | 20 | | provisions of this Section 3.06 shall not apply. | 21 | | (h) The regulation of food handler training is considered | 22 | | to be an exclusive function of the State, and local regulation | 23 | | is prohibited. This subsection (h) is a denial and limitation | 24 | | of home rule powers and functions under subsection (h) of | 25 | | Section 6 of Article VII of the Illinois Constitution. | 26 | | (i) The provisions of this Section apply beginning July 1, |
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| 1 | | 2014. From July 1, 2014 through December 31, 2014, enforcement | 2 | | of the provisions of this Section shall be limited to education | 3 | | and notification of requirements to encourage compliance.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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