98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB0037

 

Introduced 1/10/2013, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Food Allergy Awareness Act. Provides that each retail food establishment in this State shall (1) prominently display a poster relative to food allergy awareness and developed by the Department of Public Health in the staff area and (2) include on all menus a Department-approved notice to customers of the customer's obligation to inform the server about any food allergies. Provides that a certified food service sanitation manager who supervises the operations of a retail food establishment shall, in order to obtain his or her certification, view as part of an otherwise approved certified food service sanitation manager education program a video concerning food allergies. Provides that the Department shall develop a program for restaurants to be designated as Food Allergy Friendly. Requires the Department to submit a report to the General Assembly concerning the impact of the provisions of the Act. Contains other provisions.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Food
5Allergy Awareness Act.
 
6    Section 5. Definition. In this Act, "Department" means the
7Department of Public Health.
 
8    Section 10. Food allergies; publication.
9    (a) Each retail food establishment in this State shall do
10the following:
11        (1) prominently display a poster relative to food
12    allergy awareness in the staff area; the poster shall
13    provide, but not be limited to, information regarding the
14    risk of an allergic reaction; the poster shall be developed
15    and approved by the Department; and
16        (2) include on all menus a notice to customers of the
17    customer's obligation to inform the server about any food
18    allergies; the Department shall develop the language of the
19    notice.
20    (b) A certified food service sanitation manager who
21supervises the operations of a retail food establishment shall,
22in order to obtain his or her certification, view as part of an

 

 

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1otherwise approved certified food service sanitation manager
2education program a video concerning food allergies. The
3Department shall approve the video. The Department shall also
4require that any certified food service sanitation manager
5examination offered by an accredited program recognized by the
6Department shall include questions concerning food allergies
7as they relate to food preparation. Any person designated as an
8alternate person in charge shall, in addition to existing
9requirements, also be knowledgeable with regard to the relevant
10issues concerning food allergies as they relate to food
11preparation.
12    (c) A retail food establishment or person that violates
13this Section shall be subject to any penalties available under
14this Act and any rules adopted pursuant to this Act.
15    (d) The Department may adopt rules to carry out this
16Section.
17    (e) This Section does not establish or change any private
18cause of action. This Section does not change any duty under
19any other statute or the common law, except as this Section
20expressly provides.
 
21    Section 15. The Food Allergy Friendly Program. The
22Department shall develop a program for restaurants to be
23designated as Food Allergy Friendly and shall maintain a
24listing of restaurants receiving such designation on the
25Department's Internet website. Participation in the program

 

 

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1shall be voluntary and the Department shall issue guidelines
2and requirements for restaurants to receive such designation,
3provided that the requirements shall include, but not be
4limited to, maintaining on the premises and making available to
5the public a master list of all the ingredients used in the
6preparation of each food item available for consumption.
 
7    Section 20. Report. No earlier than 12 months after the
8effective date of this Act and no later than 24 months after
9the effective date of this Act, the Department shall submit a
10report to the General Assembly which shall include an analysis
11of the impact of the provisions of this Act. The report shall
12include, but not be limited to, compliance of restaurants with
13this Act and proposed changes to this Act consistent with the
14public health and welfare.