Full Text of SB0046 99th General Assembly
SB0046sam001 99TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 4/6/2015
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| 1 | | AMENDMENT TO SENATE BILL 46
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 46 as follows:
| 3 | | on page 1, line 5, by replacing "Section 3" with "Sections 3 | 4 | | and 3.06"; and | 5 | | on page 3, below line 14, by inserting the following: | 6 | | "(410 ILCS 625/3.06) | 7 | | Sec. 3.06. Food handler training; restaurants. | 8 | | (a) For the purpose of this Section, "restaurant" means any | 9 | | business that is primarily engaged in the sale of ready-to-eat | 10 | | food for immediate consumption. "Primarily engaged" means | 11 | | having sales of ready-to-eat food for immediate consumption | 12 | | comprising at least 51% of the total sales, excluding the sale | 13 | | of liquor. | 14 | | (b) Unless otherwise provided, all food handlers employed | 15 | | 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 March 31, 2015 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 | | programs program on file with the Department no later than 90 | 2 | | days after the effective date of this Act. Any modules that | 3 | | meet the requirements of subsection (b) of Section 3.05 of this | 4 | | Act and are not approved within 180 days after the Department's | 5 | | receipt 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 | | (Source: P.A. 98-566, eff. 8-27-13; revised 12-10-14.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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