Sen. Heather A. Steans

Filed: 3/12/2015

 

 


 

 


 
09900SB1800sam001LRB099 09086 AWJ 32456 a

1
AMENDMENT TO SENATE BILL 1800

2    AMENDMENT NO. ______. Amend Senate Bill 1800 by replacing
3everything after the enacting clause with the following:
 
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

 

 

09900SB1800sam001- 2 -LRB099 09086 AWJ 32456 a

1Department of Public Health, and local ordinances and
2regulations. This subsection shall not apply to a municipality
3that is served by a certified local health department other
4than a county certified local health department.
5    A home rule unit may not regulate retail food
6establishments in a less restrictive manner than as provided in
7this Section. This Section is a limitation of home rule powers
8under subsection (i) of Section 6 of Article VII of the
9Illinois Constitution on the concurrent exercise by home rule
10units of the powers and functions exercised by the State.
11    (b) A municipality may enter into an intergovernmental
12agreement with a county that provides for the county's
13certified local health department to perform any or all
14inspection functions for the municipality. The municipality
15must pay the county's reasonable costs. A municipality may
16enter into an intergovernmental agreement with a local health
17district, as defined in Section 11 of the Public Health
18District Act and that serves the entire municipality, to
19regulate and inspect retail food establishments for the
20municipality. An intergovernmental agreement shall not
21preclude a municipality or local health district from
22continuing to license retail food establishments within its
23jurisdiction.
24    (b-5) Notwithstanding subsections (a) and (b) of this
25Section, a retail food establishment that presents a low
26relative risk of causing foodborne illness according to the

 

 

09900SB1800sam001- 3 -LRB099 09086 AWJ 32456 a

1criteria set forth in 77 Ill. Adm. Code Part 615 and is located
2in a municipality having a population of 2,000,000 or more
3shall either (1) receive one inspection every 2 years; or (2)
4if required by the local health department, submit one
5self-inspection report every 2 years. A local health department
6under this subsection must develop the self-inspection form and
7submit it to the Department of Public Health for approval
8before it may be used.
9    (c) For the purpose of this Section, "retail food
10establishment" includes a food service establishment, a
11temporary food service establishment, and a retail food store
12as defined in the Food Service Sanitation Code, 77 Ill. Adm.
13Code Part 750, and the Retail Food Store Sanitation Code, 77
14Ill. Adm. Code Part 760.
15(Source: P.A. 98-193, eff. 8-6-13.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".