Rep. Elizabeth Hernandez

Filed: 3/7/2013

 

 


 

 


 
09800HB1192ham001LRB098 03003 OMW 42121 a

1
AMENDMENT TO HOUSE BILL 1192

2    AMENDMENT NO. ______. Amend House Bill 1192 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1Department of Public Health, and local ordinances and
2regulations. This subsection shall not apply to a municipality
3that is served by a certified local health department other
4than a county certified local health department.
5    A home rule unit may not regulate retail food
6establishments in a less restrictive manner than as provided in
7this Section. This Section is a limitation of home rule powers
8under subsection (i) of Section 6 of Article VII of the
9Illinois Constitution on the concurrent exercise by home rule
10units of the powers and functions exercised by the State.
11    (b) A municipality may enter into an intergovernmental
12agreement with a county that provides for the county's
13certified local health department to perform any or all
14inspection functions for the municipality. The municipality
15must pay the county's reasonable costs. A municipality may
16enter into an intergovernmental agreement with a local health
17district, as defined in Section 11 of the Public Health
18District Act and that serves the entire municipality, to
19regulate and inspect retail food establishments for the
20municipality. An intergovernmental agreement shall not
21preclude a municipality or local health district from
22continuing to license retail food establishments within its
23jurisdiction.
24    (c) For the purpose of this Section, "retail food
25establishment" includes a food service establishment, a
26temporary food service establishment, and a retail food store

 

 

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1as defined in the Food Service Sanitation Code, 77 Ill. Adm.
2Code Part 750, and the Retail Food Store Sanitation Code, 77
3Ill. Adm. Code Part 760.
4(Source: P.A. 96-749, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".