Full Text of SB0046 99th General Assembly
SB0046enr 99TH 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 Sections 3 and 3.06 as follows:
| 6 | | (410 ILCS 625/3) (from Ch. 56 1/2, par. 333)
| 7 | | Sec. 3.
Each food service establishment shall be under the | 8 | | operational
supervision of a certified food service sanitation | 9 | | manager in accordance
with rules promulgated under this Act.
| 10 | | By July 1, 1990, the Director of the Department of Public | 11 | | Health in
accordance with this Act, shall
promulgate rules for | 12 | | the education, examination, and certification of food
service | 13 | | establishment managers and instructors of the food service
| 14 | | sanitation manager certification education programs. Beginning | 15 | | July 1, 2014, any individual seeking a food service sanitation | 16 | | manager certificate or a food service sanitation manager
| 17 | | instructor certificate must complete a minimum of 8 hours of | 18 | | Department-approved training, inclusive of the examination, | 19 | | and receive a passing score on the examination set by the | 20 | | certification exam provider accredited under standards | 21 | | developed and adopted by the Conference for Food Protection or | 22 | | its successor organization. of at least 75% on the examination. | 23 | | A food service
sanitation manager certificate and a food |
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| 1 | | service sanitation manager
instructor certificate shall be | 2 | | valid for 5 years, unless revoked by the
Department of Public | 3 | | Health, and shall not be transferable from the
individual to | 4 | | whom it was issued. Beginning July 1, 2014, recertification for | 5 | | food service sanitation manager certification shall be | 6 | | accomplished by
presenting evidence of completion of 8 hours of | 7 | | Department-approved training, inclusive of the examination, | 8 | | and having received a passing score on the examination set by | 9 | | the certification exam provider accredited under standards | 10 | | developed and adopted by the Conference for Food Protection or | 11 | | its successor organization. of at least 75% on the examination.
| 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 | | The Department shall charge
a fee of $35 for each new and | 18 | | renewed food service sanitation manager
certificate and $10 for | 19 | | each replacement certificate.
All fees collected
under this | 20 | | Section shall be deposited into the Food and Drug Safety Fund.
| 21 | | Any
fee received by the Department under this Section that | 22 | | is submitted for the
renewal of an expired food service | 23 | | sanitation manager certificate may be
returned by the Director | 24 | | after recording the receipt of the fee and the reason
for its | 25 | | return.
| 26 | | The Department shall award an Illinois certificate to |
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| 1 | | anyone presenting a valid certificate issued by another state, | 2 | | so long as the holder of the certificate provides proof of | 3 | | having passed an examination accredited under standards | 4 | | developed and adopted by the Conference for Food Protection or | 5 | | its successor. The $35 issuance fee applies. The reciprocal | 6 | | Illinois certificate shall expire on the same date as the | 7 | | presented certificate. On or before the expiration date, the | 8 | | holder must have met the Illinois recertification requirements | 9 | | in order to be reissued an Illinois certificate. Reciprocity is | 10 | | only for individuals who have moved to or begun working in | 11 | | Illinois in the 6 months prior to applying for reciprocity. Any | 12 | | individual presenting an out-of-state certificate may do so | 13 | | only once. | 14 | | (Source: P.A. 98-566, eff. 8-27-13.)
| 15 | | (410 ILCS 625/3.06) | 16 | | Sec. 3.06. Food handler training; restaurants. | 17 | | (a) For the purpose of this Section, "restaurant" means any | 18 | | business that is primarily engaged in the sale of ready-to-eat | 19 | | food for immediate consumption. "Primarily engaged" means | 20 | | having sales of ready-to-eat food for immediate consumption | 21 | | comprising at least 51% of the total sales, excluding the sale | 22 | | of liquor. | 23 | | (b) Unless otherwise provided, all food handlers employed | 24 | | by a restaurant, other than someone holding a food service | 25 | | 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 May 15, 2013 . | 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 program on file with the Department no later than 90 |
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| 1 | | days after the effective date of this Act. Any modules that | 2 | | meet the requirements of subsection (b) of Section 3.05 of this | 3 | | Act and are not approved within 180 days after the Department's | 4 | | receipt 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; revised 12-10-14.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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