Full Text of HB5111 103rd General Assembly
HB5111 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5111 Introduced 2/8/2024, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: | | | Amends the Food Handling Regulation Enforcement Act. Provides that all food handlers employed by a restaurant, retail food establishment, nursing home, school, or day care center and certified food service sanitation managers employed by a restaurant, retail food establishment, nursing home, school, or day care center (instead of all certified food service sanitation managers employed by a restaurant) must receive or obtain training in basic allergen awareness principles within 30 days after employment and every 3 years thereafter. Defines "retail food establishment". |
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| | A BILL FOR |
| | | | HB5111 | | LRB103 35430 RPS 65496 b |
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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 3.07 as follows: | 6 | | (410 ILCS 625/3.07) | 7 | | Sec. 3.07. Allergen awareness training. | 8 | | (a) As used in this Section: | 9 | | "Certified food service sanitation manager" means a food | 10 | | service sanitation manager certified under Section 3 of this | 11 | | Act. | 12 | | "Major food allergen" includes milk, eggs, fish, | 13 | | crustaceans, tree nuts, wheat, peanuts, soybeans, and food | 14 | | ingredients that contain protein derived from these foods. | 15 | | "Primarily engaged" means having sales of ready-to-eat | 16 | | food for immediate consumption comprising at least 51% of the | 17 | | total sales, excluding the sale of liquor. | 18 | | "Restaurant" means any business that is primarily engaged | 19 | | in the sale of ready-to-eat food for immediate consumption. | 20 | | "Retail food establishment" means any business that sells | 21 | | food directly to consumers, including, but not limited to, | 22 | | restaurants, bakeries, grocery stores, and food trucks. | 23 | | (b) Unless otherwise provided, all food handlers employed |
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| 1 | | by a restaurant, retail food establishment, nursing home, | 2 | | school, or day care center and certified food service | 3 | | sanitation managers employed by a restaurant , retail food | 4 | | establishment, nursing home, school, or day care center must | 5 | | receive or obtain training in basic allergen awareness | 6 | | principles within 30 days after employment and every 3 years | 7 | | thereafter. Training programs must be accredited by the | 8 | | American National Standards Institute or another reputable | 9 | | accreditation agency under the ASTM International E2659-09 | 10 | | (Standard Practice for Certificate Programs). There is no | 11 | | limit to how many times an employee may take the training. | 12 | | (c) Allergen awareness training must cover and assess | 13 | | knowledge of the following topics: | 14 | | (1) the definition of a food allergy; | 15 | | (2) the symptoms of an allergic reaction; | 16 | | (3) the major food allergens; | 17 | | (4) the dangers of allergens and how to prevent | 18 | | cross-contact; | 19 | | (5) the proper cleaning methods to prevent allergen | 20 | | contamination; | 21 | | (6) how and when to communicate to guests and staff | 22 | | about allergens; | 23 | | (7) the special considerations related to allergens | 24 | | from workstations and self-serve areas; | 25 | | (8) how to handle special dietary requests; | 26 | | (9) dealing with emergencies, including allergic |
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| 1 | | reactions; | 2 | | (10) the importance of food labels; | 3 | | (11) how to handle food deliveries in relation to | 4 | | allergens; | 5 | | (12) proper food preparation for guests with food | 6 | | allergies; and | 7 | | (13) cleaning and personal hygiene considerations to | 8 | | prevent contaminating food with allergens. | 9 | | (d) If an entity uses an allergen awareness training | 10 | | program accredited by the American National Standards | 11 | | Institute or another reputable accreditation agency under the | 12 | | ASTM International E2659-09 (Standard Practice for Certificate | 13 | | Programs), then that training program meets the requirements | 14 | | of this Section. The training indicated in this subsection (d) | 15 | | is transferable between employers, but not individuals. | 16 | | (e) If a business with an internal training program | 17 | | follows the guidelines in subsection (c), and is approved in | 18 | | another state prior to the effective date of this amendatory | 19 | | Act of the 100th General Assembly, then the business's | 20 | | training program and assessment meets the requirements of the | 21 | | Section. The training indicated in this subsection (e) is not | 22 | | transferable between individuals or employers. | 23 | | (f) The training program of any multi-state business with | 24 | | a plan that follows the guidelines of subsection (c) meets the | 25 | | requirements of this Section. The training indicated in this | 26 | | subsection (f) is not transferable between individuals or |
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| 1 | | employers. | 2 | | (g) This Section does not apply to a multi-state business | 3 | | or a franchisee, as defined in the Franchise Disclosure Act of | 4 | | 1987, that has a food handler training program that follows | 5 | | the guidelines in subsection (d) of Section 3.06 of this Act; | 6 | | an individual that receives food handler training in | 7 | | accordance with the rules adopted under this Act; or a | 8 | | Category II facility or Category III facility as defined under | 9 | | 77 Ill. Adm. Code 750.10. | 10 | | (h) Any and all documents, materials, or information | 11 | | related to a restaurant or business allergen awareness | 12 | | training module is confidential and shall not be open to | 13 | | public inspection or dissemination and is exempt from | 14 | | disclosure under Section 7 of the Freedom of Information Act. | 15 | | Training may be conducted by any means available, including, | 16 | | but not limited to, online, computer, classroom, live | 17 | | trainers, remote trainers, and food service sanitation | 18 | | managers who have successfully completed an approved allergen | 19 | | training. Nothing in this subsection (h) shall be construed to | 20 | | require a proctor. Proof that a food service sanitation | 21 | | manager has been trained must be available upon reasonable | 22 | | request by a State or local health department inspector and | 23 | | may be provided electronically. | 24 | | (i) The regulation of allergen awareness training is | 25 | | considered to be an exclusive function of the State, and local | 26 | | regulation is prohibited. This subsection (i) is a denial and |
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| 1 | | limitation of home rule powers and functions under subsection | 2 | | (h) of Section 6 of Article VII of the Illinois Constitution. | 3 | | (j) The provisions of this Section apply beginning January | 4 | | 1, 2018. From January 1, 2018 through July 1, 2018, | 5 | | enforcement of the provisions of this Section shall be limited | 6 | | to education and notification of requirements to encourage | 7 | | compliance. | 8 | | (Source: P.A. 100-367, eff. 8-25-17.) |
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