State of Illinois
2015 and 2016


Introduced , by Rep. Robyn Gabel


410 ILCS 625/5 new

    Amends the Food Handling Regulation Enforcement Act. Requires restaurants to be aware of food allergy recalls from the U.S. Food and Drug Administration. Requires restaurants to indicate on a placard, poster, or menu that consumers with food allergies should inform a waiter or waitress of the restaurant of their allergy. Sets forth the requirements for the placard or poster or menu information.

LRB099 10568 JLK 30795 b






HB3495LRB099 10568 JLK 30795 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 1. The General Assembly recognizes that:
5    (1) the 2013 Food Code published by the U.S. Food and Drug
6Administration recognizes that food allergies are a food safety
8    (2) 8.5% of children aged 14 to 18 have a food allergy;
9    (3) the National Restaurant Association estimates that the
10restaurant industry receives 47% of the consumer's food dollar;
11    (4) the free movement of safe and wholesome food is an
12essential aspect of the market and contributes significantly to
13the health and well-being of citizens and to their social and
14economic interests;
15    (5) to achieve a level of health protection for consumers
16and to guarantee their right to information, it should be
17ensured that consumers are appropriately informed as regards
18the food they consume;
19    (6) that there has been a massive recall over the spice
20cumin that has been cross-contacted with peanut, one of the 8
21major allergens listed in the Food Allergen Labeling and
22Consumer Protection Act of 2004; and
23    (7) the U.S. Food and Drug Administration estimated that it
24affected 350,000 pounds of beef, pork, and poultry, in addition



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1to hundreds of other products containing cumin.
2    Section 5. The Food Handling Regulation Enforcement Act is
3amended by adding Section 5 as follows:
4    (410 ILCS 625/5 new)
5    Sec. 5. Food allergen information in restaurants.
6Restaurants, including Category I facilities and Category II
7facilities under 77 Ill. Adm. Code 750.10, must be aware of
8food allergy recalls. The food safety sanitation manager at a
9Category I facility or Category II facility must sign up for
10the federal Food and Drug Administration food safety recalls
11for notification in an electronic format, such as by text
12message or electronic mail, to determine if any of the major
13food allergens, as defined in the Food Allergy Labeling and
14Consumer Protection Act of 2004, are involved in a recall. The
15food sanitation manager is responsible for receiving the
16recalls, notifying the restaurant staff, and checking the
17establishment's supplies.
18    In addition to receiving notifications, the restaurant
19must put a placard, poster, or notification on its menu that
20customers with food allergies should notify a waiter or
21waitress of the restaurant if they have a food allergy. Any
22placard or poster shall be easily accessible, visible, and
23clearly legible to the consumer, with a font height of at least
243/4 inch, and shall not be hidden, obscured, or detracted from



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1by any other written or pictorial matter. Any information on
2menus should be clearly legible to the consumer, with a font
3size of no less than 12 point in a non-condensed type.