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Public Act 100-0367


 

Public Act 0367 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0367
 
HB2510 EnrolledLRB100 06003 MJP 16032 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Food Handling Regulation Enforcement Act is
amended by changing Section 3.06 and by adding Section 3.07 as
follows:
 
    (410 ILCS 625/3.06)
    Sec. 3.06. Food handler training; restaurants.
    (a) For the purpose of this Section, "restaurant" means any
business that is primarily engaged in the sale of ready-to-eat
food for immediate consumption. "Primarily engaged" means
having sales of ready-to-eat food for immediate consumption
comprising at least 51% of the total sales, excluding the sale
of liquor.
    (b) Unless otherwise provided, all food handlers employed
by a restaurant, other than someone holding a food service
sanitation manager certificate, must receive or obtain
American National Standards Institute-accredited training in
basic safe food handling principles within 30 days after
employment and every 3 years thereafter. Notwithstanding the
provisions of Section 3.05 of this Act, food handlers employed
in nursing homes, licensed day care homes and facilities,
hospitals, schools, and long-term care facilities must renew
their training every 3 years. There is no limit to how many
times an employee may take the training. The training indicated
in subsections (e) and (f) of this Section is transferable
between employers, but not individuals. The training indicated
in subsections (c) and (d) of this Section is not transferable
between individuals or employers. Proof that a food handler has
been trained must be available upon reasonable request by a
State or local health department inspector and may be provided
electronically.
    (c) If a business with an internal training program is
approved in another state prior to the effective date of this
amendatory Act of the 98th General Assembly, then the
business's training program and assessment shall be
automatically approved by the Department upon the business
providing proof that the program is approved in said state.
    (d) The Department shall approve the training program of
any multi-state business or a franchisee, as defined in the
Franchise Disclosure Act of 1987, of any multi-state business
with a plan that follows the guidelines in subsection (b) of
Section 3.05 of this Act and is on file with the Department by
August 1, 2017 March 31, 2015.
    (e) If an entity uses an American National Standards
Institute food handler training accredited program, that
training program shall be automatically approved by the
Department.
    (f) Certified local health departments in counties serving
jurisdictions with a population of 100,000 or less, as reported
by the U.S. Census Bureau in the 2010 Census of Population, may
have a training program. The training program must meet the
requirements of Section 3.05(b) and be approved by the
Department. This Section notwithstanding, certified local
health departments in the following counties may have a
training program:
        (1) a county with a population of 677,560 as reported
    by the U.S. Census Bureau in the 2010 Census of Population;
        (2) a county with a population of 308,760 as reported
    by the U.S. Census Bureau in the 2010 Census of Population;
        (3) a county with a population of 515,269 as reported
    by the U.S. Census Bureau in the 2010 Census of Population;
        (4) a county with a population of 114,736 as reported
    by the U.S. Census Bureau in the 2010 Census of Population;
        (5) a county with a population of 110,768 as reported
    by the U.S. Census Bureau in the 2010 Census of Population;
        (6) a county with a population of 135,394 as reported
    by the U.S. Census Bureau in the 2010 Census of Population.
    The certified local health departments in paragraphs (1)
through (6) of this subsection (f) must have their training
programs on file with the Department no later than 90 days
after the effective date of this Act. Any modules that meet the
requirements of subsection (b) of Section 3.05 of this Act and
are not approved within 180 days after the Department's receipt
of the application of the entity seeking to conduct the
training shall automatically be considered approved by the
Department.
    (g) Any and all documents, materials, or information
related to a restaurant or business food handler training
module submitted to the Department is confidential and shall
not be open to public inspection or dissemination and is exempt
from disclosure under Section 7 of the Freedom of Information
Act. Training may be conducted by any means available,
including, but not limited to, on-line, computer, classroom,
live trainers, remote trainers, and certified food service
sanitation managers. There must be at least one commercially
available, approved food handler training module at a cost of
no more than $15 per employee; if an approved food handler
training module is not available at that cost, then the
provisions of this Section 3.06 shall not apply.
    (h) The regulation of food handler training is considered
to be an exclusive function of the State, and local regulation
is prohibited. This subsection (h) is a denial and limitation
of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
    (i) The provisions of this Section apply beginning July 1,
2014. From July 1, 2014 through December 31, 2014, enforcement
of the provisions of this Section shall be limited to education
and notification of requirements to encourage compliance.
(Source: P.A. 98-566, eff. 8-27-13; 99-62, eff. 7-16-15; 99-78,
eff. 7-20-15.)
 
    (410 ILCS 625/3.07 new)
    Sec. 3.07. Allergen awareness training.
    (a) As used in this Section:
    "Certified food service sanitation manager" means a food
service sanitation manager certified under Section 3 of this
Act.
    "Major food allergen" includes milk, eggs, fish,
crustaceans, tree nuts, wheat, peanuts, soybeans, and food
ingredients that contain protein derived from these foods.
    "Primarily engaged" means having sales of ready-to-eat
food for immediate consumption comprising at least 51% of the
total sales, excluding the sale of liquor.
    "Restaurant" means any business that is primarily engaged
in the sale of ready-to-eat food for immediate consumption.
    (b) Unless otherwise provided, all certified food service
sanitation managers employed by a restaurant must receive or
obtain training in basic allergen awareness principles within
30 days after employment and every 3 years thereafter. Training
programs must be accredited by the American National Standards
Institute or another reputable accreditation agency under the
ASTM International E2659-09 (Standard Practice for Certificate
Programs). There is no limit to how many times an employee may
take the training.
    (c) Allergen awareness training must cover and assess
knowledge of the following topics:
        (1) the definition of a food allergy;
        (2) the symptoms of an allergic reaction;
        (3) the major food allergens;
        (4) the dangers of allergens and how to prevent
    cross-contact;
        (5) the proper cleaning methods to prevent allergen
    contamination;
        (6) how and when to communicate to guests and staff
    about allergens;
        (7) the special considerations related to allergens
    from workstations and self-serve areas;
        (8) how to handle special dietary requests;
        (9) dealing with emergencies, including allergic
    reactions;
        (10) the importance of food labels;
        (11) how to handle food deliveries in relation to
    allergens;
        (12) proper food preparation for guests with food
    allergies; and
        (13) cleaning and personal hygiene considerations to
    prevent contaminating food with allergens.
    (d) If an entity uses an allergen awareness training
program accredited by the American National Standards
Institute or another reputable accreditation agency under the
ASTM International E2659-09 (Standard Practice for Certificate
Programs), then that training program meets the requirements of
this Section. The training indicated in this subsection (d) is
transferable between employers, but not individuals.
    (e) If a business with an internal training program follows
the guidelines in subsection (c), and is approved in another
state prior to the effective date of this amendatory Act of the
100th General Assembly, then the business's training program
and assessment meets the requirements of the Section. The
training indicated in this subsection (e) is not transferable
between individuals or employers.
    (f) The training program of any multi-state business with a
plan that follows the guidelines of subsection (c) meets the
requirements of this Section. The training indicated in this
subsection (f) is not transferable between individuals or
employers.
    (g) This Section does not apply to a multi-state business
or a franchisee, as defined in the Franchise Disclosure Act of
1987, that has a food handler training program that follows the
guidelines in subsection (d) of Section 3.06 of this Act; an
individual that receives food handler training in accordance
with the rules adopted under this Act; or a Category II
facility or Category III facility as defined under 77 Ill. Adm.
Code 750.10.
    (h) Any and all documents, materials, or information
related to a restaurant or business allergen awareness training
module is confidential and shall not be open to public
inspection or dissemination and is exempt from disclosure under
Section 7 of the Freedom of Information Act. Training may be
conducted by any means available, including, but not limited
to, online, computer, classroom, live trainers, remote
trainers, and food service sanitation managers who have
successfully completed an approved allergen training. Nothing
in this subsection (h) shall be construed to require a proctor.
Proof that a food service sanitation manager has been trained
must be available upon reasonable request by a State or local
health department inspector and may be provided
electronically.
    (i) The regulation of allergen awareness training is
considered to be an exclusive function of the State, and local
regulation is prohibited. This subsection (i) is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
    (j) The provisions of this Section apply beginning January
1, 2018. From January 1, 2018 through July 1, 2018, enforcement
of the provisions of this Section shall be limited to education
and notification of requirements to encourage compliance.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2017