SB1800 99TH GENERAL ASSEMBLY

LRB099 09086 JLK 29276 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1800

Introduced 2/20/2015, by Sen. Heather A. Steans - John G. Mulroe

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-20-16

Amends the Illinois Municipal Code. Provides that retail food establishments in a municipality in a county having a population of 2,000,000 or more inhabitants shall either receive one inspection every 2 years or submit one self-inspection report every 2 years if certain criteria are met. Requires the local health department for such retail food establishments to develop the self-inspection form and submit it to the Department of Public Health for approval before it may be used. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by changing Section 11-20-16 as follows:

(65 ILCS 5/11-20-16)

Sec. 11-20-16. Retail food establishments.

(a) A municipality in a county having a population of 2,000,000 or more inhabitants must regulate and inspect retail food establishments in the municipality. A municipality must regulate and inspect retail food establishments in accordance with applicable federal and State laws pertaining to the operation of retail food establishments including but not limited to the Illinois Food Handling Regulation Enforcement Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary Food Preparation Act, the regulations of the Illinois Department of Public Health, and local ordinances and regulations. This subsection shall not apply to a municipality that is served by a certified local health department other than a county certified local health department.

A home rule unit may not regulate retail food establishments in a less restrictive manner than as provided in this Section. This Section is a limitation of home rule powers under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State.

(b) A municipality may enter into an intergovernmental agreement with a county that provides for the county's certified local health department to perform any or all inspection functions for the municipality. The municipality must pay the county's reasonable costs. A municipality may enter into an intergovernmental agreement with a local health district, as defined in Section 11 of the Public Health District Act and that serves the entire municipality, to regulate and inspect retail food establishments for the municipality. An intergovernmental agreement shall not preclude a municipality or local health district from continuing to license retail food establishments within its jurisdiction.

(b-5) Notwithstanding subsections (a) and (b) of this Section, retail food establishments in a municipality in a county having a population of 2,000,000 or more inhabitants shall either receive one inspection every 2 years, or shall submit one self-inspection report every 2 years only if:

(1) the retail food establishment's local health department requires it; and

(2) the retail food establishment's local health department is subject to a grant award maximum that is lower than what the local health department would otherwise receive based on criteria set forth in 77 Ill. Adm. Code Part 615. A local health department under this subsection must develop the self-inspection form and submit it to the Department of Public Health for approval before it may be used.

(c) For the purpose of this Section, "retail food establishment" includes a food service establishment, a temporary food service establishment, and a retail food store as defined in the Food Service Sanitation Code, 77 Ill. Adm. Code Part 750, and the Retail Food Store Sanitation Code, 77 Ill. Adm. Code Part 760.

(Source: P.A. 98-193, eff. 8-6-13.)

Section 99. Effective date. This Act takes effect upon becoming law.