SB1800 EngrossedLRB099 09086 JLK 29276 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17Department of Public Health, and local ordinances and
18regulations. This subsection shall not apply to a municipality
19that is served by a certified local health department other
20than a county certified local health department.
21    A home rule unit may not regulate retail food
22establishments in a less restrictive manner than as provided in
23this Section. This Section is a limitation of home rule powers

 

 

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1under subsection (i) of Section 6 of Article VII of the
2Illinois Constitution on the concurrent exercise by home rule
3units of the powers and functions exercised by the State.
4    (b) A municipality may enter into an intergovernmental
5agreement with a county that provides for the county's
6certified local health department to perform any or all
7inspection functions for the municipality. The municipality
8must pay the county's reasonable costs. A municipality may
9enter into an intergovernmental agreement with a local health
10district, as defined in Section 11 of the Public Health
11District Act and that serves the entire municipality, to
12regulate and inspect retail food establishments for the
13municipality. An intergovernmental agreement shall not
14preclude a municipality or local health district from
15continuing to license retail food establishments within its
16jurisdiction.
17    (b-5) Notwithstanding subsections (a) and (b) of this
18Section, a retail food establishment that presents a low
19relative risk of causing foodborne illness according to the
20criteria set forth in 77 Ill. Adm. Code Part 615 and is located
21in a municipality having a population of 2,000,000 or more
22shall either (1) receive one inspection every 2 years; or (2)
23if required by the local health department, submit one
24self-inspection report every 2 years. A local health department
25under this subsection must develop the self-inspection form and
26an evaluation and enforcement plan for the self-inspection

 

 

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1program and submit the form and plan to the Department of
2Public Health for approval before they may be used. The
3evaluation plan must provide for oversight and evaluation of
4the self-inspection program. The Department of Public Health
5may adopt rules setting standards for local health departments'
6evaluation and enforcement plans. The Department of Public
7Health and a local health department under this Section may
8adopt rules to enforce this Section, including the imposition
9of civil money penalties and administrative penalties.
10    (c) For the purpose of this Section, "retail food
11establishment" includes a food service establishment, a
12temporary food service establishment, and a retail food store
13as defined in the Food Service Sanitation Code, 77 Ill. Adm.
14Code Part 750, and the Retail Food Store Sanitation Code, 77
15Ill. Adm. Code Part 760.
16(Source: P.A. 98-193, eff. 8-6-13.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.