HB4020 101ST GENERAL ASSEMBLY

LRB101 15862 CPF 65219 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4020

Introduced 1/8/2020, by Rep. Mike Murphy

SYNOPSIS AS INTRODUCED:

410 ILCS 625/3	from Ch. 56 1/2, par. 333
410 ILCS 625/3.07 rep.

Amends the Food Handling Regulation Enforcement Act. Incorporates food allergen awareness training in the requirements to receive food service sanitation manager certification rather than requiring a separate certification.

A BILL FOR

AN ACT concerning health.

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

Section 5. The Food Handling Regulation Enforcement Act is amended by changing Section 3 as follows:

(410 ILCS 625/3) (from Ch. 56 1/2, par. 333)

Sec. 3. Food service sanitation manager certification.

(a) In this Section:

"Major food allergen" includes milk, eggs, fish, crustaceans, tree nuts, wheat, peanuts, soybeans, and food ingredients that contain protein derived from these foods.

"Primarily engaged" means having sales of ready-to-eat food for immediate consumption comprising at least 51 percent of the total sales, excluding the sale of liquor.

"Restaurant" means any business that is primarily engaged in the sale of ready-to-eat food for immediate consumption.

(b) Each food service establishment shall be under the operational supervision of a certified food service sanitation manager in accordance with rules promulgated under this Act.

(c) By July 1, 1990, the Director of the Department of Public Health in accordance with this Act, shall promulgate rules for the education, examination, and certification of food service establishment managers and instructors of the food service sanitation manager certification education programs. Beginning January 1, 2018, any individual who has completed a minimum of 8 hours of Department-approved training for food service sanitation manager certification, inclusive of the examination, and received a passing score on the examination set by the certification exam provider accredited under standards developed and adopted by the Conference for Food Protection or its successor organization, shall be considered to be a certified food service sanitation manager. Beginning January 1, 2018, any individual who has completed a minimum of 8 hours of Department-approved training for food service sanitation manager instructor certification, inclusive of the examination, and received a passing score on the examination set by the certification exam provider accredited under standards developed and adopted by the Conference for Food Protection or its successor organization, shall be considered to be a certified food service sanitation manager instructor. A food service sanitation manager certificate and a food service sanitation manager instructor certificate issued by the exam provider shall be valid for 5 years and shall not be transferable from the individual to whom it was issued. A food service sanitation manager certificate issued by the Department under this Section before January 1, 2018 is valid until the expiration date stated on the certificate.

For purposes of food service sanitation manager certification, the Department shall accept only training approved by the Department and certification exams accredited under standards developed and adopted by the Conference for Food Protection or its successor.

Food service sanitation management training shall include allergen awareness.

(d) Unless otherwise provided, all certified food service sanitation managers employed by a restaurant must receive or obtain training in basic allergen awareness principles within 30 days after employment and every 3 years thereafter. Training programs must be accredited by the American National Standards Institute or another reputable accreditation agency under the ASTM International E2659-09 (Standard Practice for Certificate Programs). There is no limit to how many times an employee may take the training.

(e) Allergen awareness training must cover and assess knowledge of the following topics:

(1) the definition of a food allergy;

(2) the symptoms of an allergic reaction;

(3) the major food allergens;

(4) the dangers of allergens and how to prevent cross-contact;

(5) the proper cleaning methods to prevent allergen contamination;

(6) how and when to communicate to guests and staff about allergens;

(7) the special considerations related to allergens from workstations and self-serve areas;

(8) how to handle special dietary requests;

(9) dealing with emergencies, including allergic reactions;

(10) the importance of food labels;

(11) how to handle food deliveries in relation to allergens;

(12) proper food preparation for guests with food allergies; and

(13) cleaning and personal hygiene considerations to prevent contaminating food with allergens.

(Source: P.A. 99-62, eff. 7-16-15; 100-194, eff. 1-1-18; 100-954, eff. 8-19-18.)

(410 ILCS 625/3.07 rep.)

Section 10. The Food Handling Regulation Enforcement Act is amended by repealing Section 3.07.