98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1192

 

Introduced , by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-20-16

    Amends the Illinois Municipal Code. Provides that a requirement that a municipality in a county with 2,000,000 or more inhabitants must regulate and inspect retail food establishments does not apply to a municipality that is served by a local health district. Effective immediately.


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A BILL FOR

 

HB1192LRB098 03003 OMW 33018 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 11-20-16 as follows:
 
6    (65 ILCS 5/11-20-16)
7    Sec. 11-20-16. Retail food establishments.
8    (a) A municipality in a county having a population of
92,000,000 or more inhabitants must regulate and inspect retail
10food establishments in the municipality. A municipality must
11regulate and inspect retail food establishments in accordance
12with applicable federal and State laws pertaining to the
13operation of retail food establishments including but not
14limited to the Illinois Food Handling Regulation Enforcement
15Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary
16Food Preparation Act, the regulations of the Illinois
17Department of Public Health, and local ordinances and
18regulations. This subsection shall not apply to a municipality
19that is served by a certified local health department, other
20than a county certified local health department, or a local
21health district.
22    A home rule unit may not regulate retail food
23establishments in a less restrictive manner than as provided in

 

 

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1this Section. This Section is a limitation of home rule powers
2under subsection (i) of Section 6 of Article VII of the
3Illinois Constitution on the concurrent exercise by home rule
4units of the powers and functions exercised by the State.
5    (b) A municipality may enter into an intergovernmental
6agreement with a county that provides for the county's
7certified local health department to perform any or all
8inspection functions for the municipality. The municipality
9must pay the county's reasonable costs. An intergovernmental
10agreement shall not preclude a municipality from continuing to
11license retail food establishments within its jurisdiction.
12    (c) For the purpose of this Section, "retail food
13establishment" includes a food service establishment, a
14temporary food service establishment, and a retail food store
15as defined in the Food Service Sanitation Code, 77 Ill. Adm.
16Code Part 750, and the Retail Food Store Sanitation Code, 77
17Ill. Adm. Code Part 760.
18(Source: P.A. 96-749, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.