Sen. Iris Y. Martinez

Filed: 4/6/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 46

2    AMENDMENT NO. ______. Amend Senate Bill 46 as follows:
 
3on page 1, line 5, by replacing "Section 3" with "Sections 3
4and 3.06"; and
 
5on page 3, below line 14, by inserting the following:
 
6    "(410 ILCS 625/3.06)
7    Sec. 3.06. Food handler training; restaurants.
8    (a) For the purpose of this Section, "restaurant" means any
9business that is primarily engaged in the sale of ready-to-eat
10food for immediate consumption. "Primarily engaged" means
11having sales of ready-to-eat food for immediate consumption
12comprising at least 51% of the total sales, excluding the sale
13of liquor.
14    (b) Unless otherwise provided, all food handlers employed
15by a restaurant, other than someone holding a food service

 

 

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

 

 

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1    (e) If an entity uses an American National Standards
2Institute food handler training accredited program, that
3training program shall be automatically approved by the
4Department.
5    (f) Certified local health departments in counties serving
6jurisdictions with a population of 100,000 or less, as reported
7by the U.S. Census Bureau in the 2010 Census of Population, may
8have a training program. The training program must meet the
9requirements of Section 3.05(b) and be approved by the
10Department. This Section notwithstanding, certified local
11health departments in the following counties may have a
12training program:
13        (1) a county with a population of 677,560 as reported
14    by the U.S. Census Bureau in the 2010 Census of Population;
15        (2) a county with a population of 308,760 as reported
16    by the U.S. Census Bureau in the 2010 Census of Population;
17        (3) a county with a population of 515,269 as reported
18    by the U.S. Census Bureau in the 2010 Census of Population;
19        (4) a county with a population of 114,736 as reported
20    by the U.S. Census Bureau in the 2010 Census of Population;
21        (5) a county with a population of 110,768 as reported
22    by the U.S. Census Bureau in the 2010 Census of Population;
23        (6) a county with a population of 135,394 as reported
24    by the U.S. Census Bureau in the 2010 Census of Population.
25    The certified local health departments in paragraphs (1)
26through (6) of this subsection (f) must have their training

 

 

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1programs program on file with the Department no later than 90
2days after the effective date of this Act. Any modules that
3meet the requirements of subsection (b) of Section 3.05 of this
4Act and are not approved within 180 days after the Department's
5receipt of the application of the entity seeking to conduct the
6training shall automatically be considered approved by the
7Department.
8    (g) Any and all documents, materials, or information
9related to a restaurant or business food handler training
10module submitted to the Department is confidential and shall
11not be open to public inspection or dissemination and is exempt
12from disclosure under Section 7 of the Freedom of Information
13Act. Training may be conducted by any means available,
14including, but not limited to, on-line, computer, classroom,
15live trainers, remote trainers, and certified food service
16sanitation managers. There must be at least one commercially
17available, approved food handler training module at a cost of
18no more than $15 per employee; if an approved food handler
19training module is not available at that cost, then the
20provisions of this Section 3.06 shall not apply.
21    (h) The regulation of food handler training is considered
22to be an exclusive function of the State, and local regulation
23is prohibited. This subsection (h) is a denial and limitation
24of home rule powers and functions under subsection (h) of
25Section 6 of Article VII of the Illinois Constitution.
26    (i) The provisions of this Section apply beginning July 1,

 

 

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12014. From July 1, 2014 through December 31, 2014, enforcement
2of the provisions of this Section shall be limited to education
3and notification of requirements to encourage compliance.
4(Source: P.A. 98-566, eff. 8-27-13; revised 12-10-14.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".