Public Act 099-0458
 
SB1800 EnrolledLRB099 09086 JLK 29276 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Section 11-20-16 as follows:
 
    (65 ILCS 5/11-20-16)
    Sec. 11-20-16. Retail food establishments.
    (a) A municipality in a county having a population of
2,000,000 or more inhabitants must regulate and inspect retail
food establishments in the municipality. A municipality must
regulate and inspect retail food establishments in accordance
with applicable federal and State laws pertaining to the
operation of retail food establishments including but not
limited to the Illinois Food Handling Regulation Enforcement
Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary
Food Preparation Act, the regulations of the Illinois
Department of Public Health, and local ordinances and
regulations. This subsection shall not apply to a municipality
that is served by a certified local health department other
than a county certified local health department.
    A home rule unit may not regulate retail food
establishments in a less restrictive manner than as provided in
this Section. This Section is a limitation of home rule powers
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of the powers and functions exercised by the State.
    (b) A municipality may enter into an intergovernmental
agreement with a county that provides for the county's
certified local health department to perform any or all
inspection functions for the municipality. The municipality
must pay the county's reasonable costs. A municipality may
enter into an intergovernmental agreement with a local health
district, as defined in Section 11 of the Public Health
District Act and that serves the entire municipality, to
regulate and inspect retail food establishments for the
municipality. An intergovernmental agreement shall not
preclude a municipality or local health district from
continuing to license retail food establishments within its
jurisdiction.
    (b-5) Notwithstanding subsections (a) and (b) of this
Section, a retail food establishment that presents a low
relative risk of causing foodborne illness according to the
criteria set forth in 77 Ill. Adm. Code Part 615 and is located
in a municipality having a population of 2,000,000 or more
shall either (1) receive one inspection every 2 years; or (2)
if required by the local health department, submit one
self-inspection report every 2 years. A local health department
under this subsection must develop the self-inspection form and
an evaluation and enforcement plan for the self-inspection
program and submit the form and plan to the Department of
Public Health for approval before they may be used. The
evaluation plan must provide for oversight and evaluation of
the self-inspection program. The Department of Public Health
may adopt rules setting standards for local health departments'
evaluation and enforcement plans. The Department of Public
Health and a local health department under this Section may
adopt rules to enforce this Section, including the imposition
of civil money penalties and administrative penalties.
    (c) For the purpose of this Section, "retail food
establishment" includes a food service establishment, a
temporary food service establishment, and a retail food store
as defined in the Food Service Sanitation Code, 77 Ill. Adm.
Code Part 750, and the Retail Food Store Sanitation Code, 77
Ill. Adm. Code Part 760.
(Source: P.A. 98-193, eff. 8-6-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.