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.


LRB098 05624 RPM 35662 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1588LRB098 05624 RPM 35662 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Food Handling Regulation Enforcement Act is
5amended by changing Section 3 and by adding Section 3.05 as
6follows:
 
7    (410 ILCS 625/3)  (from Ch. 56 1/2, par. 333)
8    Sec. 3. Each food service establishment shall be under the
9operational supervision of a certified food service sanitation
10manager in accordance with rules promulgated under this Act.
11    By July 1, 1990, the Director of the Department of Public
12Health in accordance with this Act, shall promulgate rules for
13the education, examination, and certification of food service
14establishment managers and instructors of the food service
15sanitation manager certification education programs. Beginning
16July 1, 2014, any individual seeking a food service sanitation
17manager certificate or a food service sanitation manager
18instructor certificate must complete a minimum of 8 hours of
19Department-approved training, inclusive of the examination,
20and receive a score of at least 75% on the examination. A food
21service sanitation manager certificate and a food service
22sanitation manager instructor certificate shall be valid for 5
23years, unless revoked by the Department of Public Health, and

 

 

SB1588- 2 -LRB098 05624 RPM 35662 b

1shall not be transferable from the individual to whom it was
2issued. Beginning July 1, 2014, recertification for food
3service sanitation manager certification Recertification shall
4be accomplished by presenting evidence of completion of 8 hours
5of Department-approved training, inclusive of the examination,
6and having received a score of at least 75% on the examination
7ongoing food safety and food sanitation education or
8re-examination, in compliance with rules promulgated by the
9Director. Existing certificates shall expire on the printed
10expiration date or 5 years from the effective date of this
11amendatory Act of 1989.
12    For purposes of certification and recertification for food
13service sanitation manager certification, the Department shall
14accept only training approved by the Department and
15certification exams accredited under standards developed and
16adopted by the Conference for Food Protection or its successor.
17Any individual may elect to take the Department of Public
18Health food service sanitation manager certification
19examination or take an examination administered by a testing
20authority previously approved by the Department. The
21Department shall charge a fee of $35 for each new and renewed
22food service sanitation manager certificate and $10 for each
23replacement certificate. All fees collected under this Section
24shall be deposited into the Food and Drug Safety Fund.
25    Any fee received by the Department under this Section that
26is submitted for the renewal of an expired food service

 

 

SB1588- 3 -LRB098 05624 RPM 35662 b

1sanitation manager certificate may be returned by the Director
2after recording the receipt of the fee and the reason for its
3return.
4    The Department shall award an Illinois certificate to
5anyone presenting a valid certificate issued by another state,
6so long as the holder of the certificate provides proof of
7having passed an examination accredited under standards
8developed and adopted by the Conference for Food Protection or
9its successor. The $35 issuance fee applies. The reciprocal
10Illinois certificate shall expire on the same date as the
11presented certificate. On or before the expiration date, the
12holder must have met the Illinois recertification requirements
13in order to be reissued an Illinois certificate. Reciprocity is
14only for individuals who have moved to or begun working in
15Illinois in the 6 months prior to applying for reciprocity. Any
16individual presenting an out-of-state certificate may do so
17only 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
22service sanitation manager certificate, must receive training
23in basic safe food handling principles as outlined in
24subsection (b) of this Section within 30 days after employment.
25There is no limit to how many times an employee may take the

 

 

SB1588- 4 -LRB098 05624 RPM 35662 b

1training. Training is not transferable between individuals or
2employers. Proof that a food handler has been trained must be
3available upon reasonable request by a State or local health
4department inspector.
5    (b) Food handler training must cover and assess knowledge
6of 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,

 

 

SB1588- 5 -LRB098 05624 RPM 35662 b

1    housekeeping, and maintenance.
2    (c) Training modules must be approved by the Department.
3Any modules not approved within 90 days after the Department's
4receipt of the business application shall automatically be
5considered approved. If a training module has been approved in
6another state, then it shall automatically be considered
7approved in Illinois so long as the business provides proof
8that the training has been approved in another state. Training
9may be conducted by any means available, including, but not
10limited to, on-line, computer, classroom, live trainers,
11remote trainers, and food service sanitation manager
12instructors. Nothing in this subsection (c) shall be construed
13to require a proctor. There should be at least one commercially
14available, approved food handler training module at a cost of
15no more than $15 per employee; if an approved food handler
16training module is not available at that cost, then the
17provisions of this Section 3.05 shall not apply.
18    (d) Food handler training is considered to be an exclusive
19function of the State, and local programs are prohibited. This
20subsection (d) is a denial and limitation of home rule powers
21and functions under subsection (h) of Section 6 of Article VII
22of the Illinois Constitution.
23    (e) The provisions of this Section apply beginning July 1,
242016. From July 1, 2016 through December 31, 2016, enforcement
25of the provisions of this Section shall be limited to education
26and notification of requirements to encourage compliance.
 

 

 

SB1588- 6 -LRB098 05624 RPM 35662 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.