SB0046 EnrolledLRB099 00326 MGM 20332 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 5. The Food Handling Regulation Enforcement Act is
5amended by changing Sections 3 and 3.06 as follows:
 
6    (410 ILCS 625/3)  (from Ch. 56 1/2, par. 333)
7    Sec. 3. Each food service establishment shall be under the
8operational supervision of a certified food service sanitation
9manager in accordance with rules promulgated under this Act.
10    By July 1, 1990, the Director of the Department of Public
11Health in accordance with this Act, shall promulgate rules for
12the education, examination, and certification of food service
13establishment managers and instructors of the food service
14sanitation manager certification education programs. Beginning
15July 1, 2014, any individual seeking a food service sanitation
16manager certificate or a food service sanitation manager
17instructor certificate must complete a minimum of 8 hours of
18Department-approved training, inclusive of the examination,
19and receive a passing score on the examination set by the
20certification exam provider accredited under standards
21developed and adopted by the Conference for Food Protection or
22its successor organization. of at least 75% on the examination.
23A food service sanitation manager certificate and a food

 

 

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1service sanitation manager instructor certificate shall be
2valid for 5 years, unless revoked by the Department of Public
3Health, and shall not be transferable from the individual to
4whom it was issued. Beginning July 1, 2014, recertification for
5food service sanitation manager certification shall be
6accomplished by presenting evidence of completion of 8 hours of
7Department-approved training, inclusive of the examination,
8and having received a passing score on the examination set by
9the certification exam provider accredited under standards
10developed and adopted by the Conference for Food Protection or
11its successor organization. of at least 75% on the examination.
12    For purposes of certification and recertification for food
13service sanitation manager certification, the Department shall
14accept only training approved by the Department and
15certification exams accredited under standards developed and
16adopted by the Conference for Food Protection or its successor.
17The Department shall charge a fee of $35 for each new and
18renewed food service sanitation manager certificate and $10 for
19each replacement certificate. All fees collected under this
20Section shall be deposited into the Food and Drug Safety Fund.
21    Any fee received by the Department under this Section that
22is submitted for the renewal of an expired food service
23sanitation manager certificate may be returned by the Director
24after recording the receipt of the fee and the reason for its
25return.
26    The Department shall award an Illinois certificate to

 

 

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1anyone presenting a valid certificate issued by another state,
2so long as the holder of the certificate provides proof of
3having passed an examination accredited under standards
4developed and adopted by the Conference for Food Protection or
5its successor. The $35 issuance fee applies. The reciprocal
6Illinois certificate shall expire on the same date as the
7presented certificate. On or before the expiration date, the
8holder must have met the Illinois recertification requirements
9in order to be reissued an Illinois certificate. Reciprocity is
10only for individuals who have moved to or begun working in
11Illinois in the 6 months prior to applying for reciprocity. Any
12individual presenting an out-of-state certificate may do so
13only once.
14(Source: P.A. 98-566, eff. 8-27-13.)
 
15    (410 ILCS 625/3.06)
16    Sec. 3.06. Food handler training; restaurants.
17    (a) For the purpose of this Section, "restaurant" means any
18business that is primarily engaged in the sale of ready-to-eat
19food for immediate consumption. "Primarily engaged" means
20having sales of ready-to-eat food for immediate consumption
21comprising at least 51% of the total sales, excluding the sale
22of liquor.
23    (b) Unless otherwise provided, all food handlers employed
24by a restaurant, other than someone holding a food service
25sanitation manager certificate, must receive or obtain

 

 

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1American National Standards Institute-accredited training in
2basic safe food handling principles within 30 days after
3employment and every 3 years thereafter. Notwithstanding the
4provisions of Section 3.05 of this Act, food handlers employed
5in nursing homes, licensed day care homes and facilities,
6hospitals, schools, and long-term care facilities must renew
7their training every 3 years. There is no limit to how many
8times an employee may take the training. The training indicated
9in subsections (e) and (f) of this Section is transferable
10between employers, but not individuals. The training indicated
11in subsections (c) and (d) of this Section is not transferable
12between individuals or employers. Proof that a food handler has
13been trained must be available upon reasonable request by a
14State or local health department inspector and may be provided
15electronically.
16    (c) If a business with an internal training program is
17approved in another state prior to the effective date of this
18amendatory Act of the 98th General Assembly, then the
19business's training program and assessment shall be
20automatically approved by the Department upon the business
21providing proof that the program is approved in said state.
22    (d) The Department shall approve the training program of
23any multi-state business with a plan that follows the
24guidelines in subsection (b) of Section 3.05 of this Act and is
25on file with the Department by March 31, 2015 May 15, 2013.
26    (e) If an entity uses an American National Standards

 

 

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1Institute food handler training accredited program, that
2training program shall be automatically approved by the
3Department.
4    (f) Certified local health departments in counties serving
5jurisdictions with a population of 100,000 or less, as reported
6by the U.S. Census Bureau in the 2010 Census of Population, may
7have a training program. The training program must meet the
8requirements of Section 3.05(b) and be approved by the
9Department. This Section notwithstanding, certified local
10health departments in the following counties may have a
11training program:
12        (1) a county with a population of 677,560 as reported
13    by the U.S. Census Bureau in the 2010 Census of Population;
14        (2) a county with a population of 308,760 as reported
15    by the U.S. Census Bureau in the 2010 Census of Population;
16        (3) a county with a population of 515,269 as reported
17    by the U.S. Census Bureau in the 2010 Census of Population;
18        (4) a county with a population of 114,736 as reported
19    by the U.S. Census Bureau in the 2010 Census of Population;
20        (5) a county with a population of 110,768 as reported
21    by the U.S. Census Bureau in the 2010 Census of Population;
22        (6) a county with a population of 135,394 as reported
23    by the U.S. Census Bureau in the 2010 Census of Population.
24    The certified local health departments in paragraphs (1)
25through (6) of this subsection (f) must have their training
26programs program on file with the Department no later than 90

 

 

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1days after the effective date of this Act. Any modules that
2meet the requirements of subsection (b) of Section 3.05 of this
3Act and are not approved within 180 days after the Department's
4receipt of the application of the entity seeking to conduct the
5training shall automatically be considered approved by the
6Department.
7    (g) Any and all documents, materials, or information
8related to a restaurant or business food handler training
9module submitted to the Department is confidential and shall
10not be open to public inspection or dissemination and is exempt
11from disclosure under Section 7 of the Freedom of Information
12Act. Training may be conducted by any means available,
13including, but not limited to, on-line, computer, classroom,
14live trainers, remote trainers, and certified food service
15sanitation managers. There must be at least one commercially
16available, approved food handler training module at a cost of
17no more than $15 per employee; if an approved food handler
18training module is not available at that cost, then the
19provisions of this Section 3.06 shall not apply.
20    (h) The regulation of food handler training is considered
21to be an exclusive function of the State, and local regulation
22is prohibited. This subsection (h) is a denial and limitation
23of home rule powers and functions under subsection (h) of
24Section 6 of Article VII of the Illinois Constitution.
25    (i) The provisions of this Section apply beginning July 1,
262014. From July 1, 2014 through December 31, 2014, enforcement

 

 

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1of the provisions of this Section shall be limited to education
2and notification of requirements to encourage compliance.
3(Source: P.A. 98-566, eff. 8-27-13; revised 12-10-14.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.