Full Text of SB1588 98th General Assembly
SB1588 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1588 Introduced 2/13/2013, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED: |
| 410 ILCS 625/3 | from Ch. 56 1/2, par. 333 | 410 ILCS 625/3.05 new | |
| Amends the Food Handling Regulation Enforcement Act. Provides that beginning July 1, 2014, any individual seeking a food service sanitation manager certificate or a food service sanitation manager instructor certificate must complete a minimum of 8 hours of Department of Public Health-approved training, inclusive of the examination, and receive a score of at least 75% on the examination. Provides that for purposes of certification and recertification for food service sanitation manager certification, the Department shall accept only Department-approved training and exams accredited under standards developed and adopted by the Conference for Food Protection or its successor. Provides that the Department shall award an Illinois certificate to anyone presenting a valid certificate issued by another state, so long as the holder of the certificate provides proof of having passed an examination accredited under standards developed and adopted by the Conference for Food Protection or its successor. Sets forth provisions concerning reciprocity. Provides that all food handlers, other than someone holding a food service sanitation manager certificate, must receive training in basic safe food handling principles within 30 days after employment. Sets forth the subject matter that is to be covered in training and the requirements concerning departmental approval. Provides that food handler training is considered to be an exclusive function of the State, and local programs are prohibited. Preempts home rule. Makes other changes. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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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 and by adding Section 3.05 as | 6 | | 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 | 17 | | manager certificate or a food service sanitation manager
| 18 | | instructor certificate must complete a minimum of 8 hours of | 19 | | Department-approved training, inclusive of the examination, | 20 | | and receive a score of at least 75% on the examination. A food | 21 | | service
sanitation manager certificate and a food service | 22 | | sanitation manager
instructor certificate shall be valid for 5 | 23 | | years, unless revoked by the
Department of Public Health, and |
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| 1 | | shall not be transferable from the
individual to whom it was | 2 | | issued. Beginning July 1, 2014, recertification for food | 3 | | service sanitation manager certification Recertification shall | 4 | | be accomplished by
presenting evidence of completion of 8 hours | 5 | | of Department-approved training, inclusive of the examination, | 6 | | and having received a score of at least 75% on the examination | 7 | | ongoing food safety and food sanitation education or
| 8 | | re-examination, in compliance with rules promulgated by the | 9 | | Director . Existing
certificates shall expire on the printed | 10 | | expiration date or 5 years from
the effective date of this | 11 | | amendatory Act of 1989.
| 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 | | Any individual may elect to take the Department of Public | 18 | | Health food
service sanitation manager certification | 19 | | examination
or take an examination
administered by a testing | 20 | | authority previously approved by the Department.
The | 21 | | Department shall charge
a fee of $35 for each new and renewed | 22 | | food service sanitation manager
certificate and $10 for each | 23 | | replacement certificate.
All fees collected
under this Section | 24 | | shall be deposited into the Food and Drug Safety Fund.
| 25 | | Any
fee received by the Department under this Section that | 26 | | is submitted for the
renewal of an expired food service |
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| 1 | | sanitation manager certificate may be
returned by the Director | 2 | | after recording the receipt of the fee and the reason
for its | 3 | | return.
| 4 | | The Department shall award an Illinois certificate to | 5 | | anyone presenting a valid certificate issued by another state, | 6 | | so long as the holder of the certificate provides proof of | 7 | | having passed an examination accredited under standards | 8 | | developed and adopted by the Conference for Food Protection or | 9 | | its successor. The $35 issuance fee applies. The reciprocal | 10 | | Illinois certificate shall expire on the same date as the | 11 | | presented certificate. On or before the expiration date, the | 12 | | holder must have met the Illinois recertification requirements | 13 | | in order to be reissued an Illinois certificate. Reciprocity is | 14 | | only for individuals who have moved to or begun working in | 15 | | Illinois in the 6 months prior to applying for reciprocity. Any | 16 | | individual presenting an out-of-state certificate may do so | 17 | | only once. | 18 | | (Source: P.A. 89-641, eff. 8-9-96.)
| 19 | | (410 ILCS 625/3.05 new) | 20 | | Sec. 3.05. Food handler training. | 21 | | (a) All food handlers, other than someone holding a food | 22 | | service sanitation manager certificate, must receive training | 23 | | in basic safe food handling principles as outlined in | 24 | | subsection (b) of this Section within 30 days after employment. | 25 | | There is no limit to how many times an employee may take the |
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| 1 | | training. Training is not transferable between individuals or | 2 | | employers. Proof that a food handler has been trained must be | 3 | | available upon reasonable request by a State or local health | 4 | | department inspector. | 5 | | (b) Food handler training must cover and assess knowledge | 6 | | of the following topics: | 7 | | (1) The relationship between time and temperature with | 8 | | respect to foodborne illness, including the relationship | 9 | | between time and temperature and micro-organisms during | 10 | | the various food handling preparation and serving states, | 11 | | and the type, calibration, and use of thermometers in | 12 | | monitoring food temperatures. | 13 | | (2) The relationship between personal hygiene and food | 14 | | safety, including the association of hand contact, | 15 | | personal habits and behaviors, and the food handler's | 16 | | health to foodborne illness, and the recognition of how | 17 | | policies, procedures, and management contribute to | 18 | | improved food safety practices. | 19 | | (3) Methods of preventing food contamination in all | 20 | | stages of food handling, including terms associated with | 21 | | contamination and potential hazards prior to, during, and | 22 | | after delivery. | 23 | | (4) Procedures for cleaning and sanitizing equipment | 24 | | and utensils. | 25 | | (5) Problems and potential solutions associated with | 26 | | temperature control, preventing cross-contamination, |
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| 1 | | housekeeping, and maintenance. | 2 | | (c) Training modules must be approved by the Department. | 3 | | Any modules not approved within 90 days after the Department's | 4 | | receipt of the business application shall automatically be | 5 | | considered approved. If a training module has been approved in | 6 | | another state, then it shall automatically be considered | 7 | | approved in Illinois so long as the business provides proof | 8 | | that the training has been approved in another state. Training | 9 | | may be conducted by any means available, including, but not | 10 | | limited to, on-line, computer, classroom, live trainers, | 11 | | remote trainers, and food service sanitation manager | 12 | | instructors. Nothing in this subsection (c) shall be construed | 13 | | to require a proctor. There should be at least one commercially | 14 | | available, approved food handler training module at a cost of | 15 | | no more than $15 per employee; if an approved food handler | 16 | | training module is not available at that cost, then the | 17 | | provisions of this Section 3.05 shall not apply. | 18 | | (d) Food handler training is considered to be an exclusive | 19 | | function of the State, and local programs are prohibited. This | 20 | | subsection (d) is a denial and
limitation of home rule powers | 21 | | and functions under
subsection (h) of Section 6 of Article VII | 22 | | of the
Illinois Constitution. | 23 | | (e) The provisions of this Section apply beginning July 1, | 24 | | 2016. From July 1, 2016 through December 31, 2016, enforcement | 25 | | of the provisions of this Section shall be limited to education | 26 | | and notification of requirements to encourage compliance.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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