Full Text of SB1207 100th General Assembly
SB1207sam001 100TH GENERAL ASSEMBLY | Sen. Dave Syverson Filed: 4/26/2017
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| 1 | | AMENDMENT TO SENATE BILL 1207
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1207 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 3.06 as follows: | 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 | 16 | | sanitation manager certificate, must receive or obtain |
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| 1 | | American National Standards Institute-accredited training in | 2 | | basic safe food handling principles within 30 days after | 3 | | employment and every 3 years thereafter. Notwithstanding the | 4 | | provisions of Section 3.05 of this Act, food handlers employed | 5 | | in nursing homes, licensed day care homes and facilities, | 6 | | hospitals, schools, and long-term care facilities must renew | 7 | | their training every 3 years. There is no limit to how many | 8 | | times an employee may take the training. The training indicated | 9 | | in subsections (e) and (f) of this Section is transferable | 10 | | between employers, but not individuals. The training indicated | 11 | | in subsections (c) and (d) of this Section is not transferable | 12 | | between individuals or employers. Proof that a food handler has | 13 | | been trained must be available upon reasonable request by a | 14 | | State or local health department inspector and may be provided | 15 | | electronically. | 16 | | (c) If a business with an internal training program is | 17 | | approved in another state prior to the effective date of this | 18 | | amendatory Act of the 98th General Assembly , then the | 19 | | business's training program and assessment shall be | 20 | | automatically approved by the Department upon the business | 21 | | providing proof that the program is approved in said state. | 22 | | (d) The Department shall approve the training program of | 23 | | any multi-state business with a plan that follows the | 24 | | guidelines in subsection (b) of Section 3.05 of this Act and is | 25 | | on file with the Department by March 31, 2015 . | 26 | | (e) If an entity uses an American National Standards |
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| 1 | | Institute food handler training accredited program, that | 2 | | training program shall be automatically approved by the | 3 | | Department. | 4 | | (f) Certified local health departments in counties serving | 5 | | jurisdictions with a population of 100,000 or less, as reported | 6 | | by the U.S. Census Bureau in the 2010 Census of Population, may | 7 | | have a training program. The training program must meet the | 8 | | requirements of Section 3.05(b) and be approved by the | 9 | | Department. This Section notwithstanding, certified local | 10 | | health departments in the following counties may have a | 11 | | training program: | 12 | | (1) a county with a population of 677,560 as reported | 13 | | by the U.S. Census Bureau in the 2010 Census of Population; | 14 | | (2) a county with a population of 308,760 as reported | 15 | | by the U.S. Census Bureau in the 2010 Census of Population; | 16 | | (3) a county with a population of 515,269 as reported | 17 | | by the U.S. Census Bureau in the 2010 Census of Population; | 18 | | (4) a county with a population of 114,736 as reported | 19 | | by the U.S. Census Bureau in the 2010 Census of Population; | 20 | | (5) a county with a population of 110,768 as reported | 21 | | by the U.S. Census Bureau in the 2010 Census of Population; | 22 | | (6) a county with a population of 135,394 as reported | 23 | | by the U.S. Census Bureau in the 2010 Census of Population. | 24 | | The certified local health departments in paragraphs (1) | 25 | | through (6) of this subsection (f) must have their training | 26 | | programs on file with the Department no later than 90 days |
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| 1 | | after the effective date of this Act. Any modules that meet the | 2 | | requirements of subsection (b) of Section 3.05 of this Act and | 3 | | are not approved within 180 days after the Department's receipt | 4 | | of the application of the entity seeking to conduct the | 5 | | training shall automatically be considered approved by the | 6 | | Department. | 7 | | (g) Any and all documents, materials, or information | 8 | | related to a restaurant or business food handler training | 9 | | module submitted to the Department is confidential and shall | 10 | | not be open to public inspection or dissemination and is exempt | 11 | | from disclosure under Section 7 of the Freedom of Information | 12 | | Act. Training may be conducted by any means available, | 13 | | including, but not limited to, on-line, computer, classroom, | 14 | | live trainers, remote trainers, and certified food service | 15 | | sanitation managers. There must be at least one commercially | 16 | | available, approved food handler training module at a cost of | 17 | | no more than $15 per employee; if an approved food handler | 18 | | training module is not available at that cost, then the | 19 | | provisions of this Section 3.06 shall not apply. | 20 | | (h) The regulation of food handler training is considered | 21 | | to be an exclusive function of the State, and local regulation | 22 | | is prohibited. This subsection (h) is a denial and limitation | 23 | | of home rule powers and functions under subsection (h) of | 24 | | Section 6 of Article VII of the Illinois Constitution. | 25 | | (i) The provisions of this Section apply beginning July 1, | 26 | | 2014. From July 1, 2014 through December 31, 2014, enforcement |
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| 1 | | of the provisions of this Section shall be limited to education | 2 | | and notification of requirements to encourage compliance.
| 3 | | (Source: P.A. 98-566, eff. 8-27-13; 99-62, eff. 7-16-15; 99-78, | 4 | | eff. 7-20-15.)".
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