Illinois General Assembly - Full Text of HB3826
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Full Text of HB3826  99th General Assembly

HB3826 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3826

 

Introduced , by Rep. Robert W. Pritchard

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 625/3.05

    Amends the Food Handling Regulation Enforcement Act. Provides that a non-restaurant food handler must receive training in basic safe food handling principles within 30 days of employment and every 3 years thereafter (currently, within 30 days of employment). Provides that a non-restaurant food handler who obtains American National Standards Institute-accredited training in basic safe food handling principles shall be deemed to have satisfied the training requirements of the Act. Allows the transfer of training between employers, but not individuals, if an employer uses an accredited American National Standards Institute training program. Prohibits the transfer of training between individuals or employers if an accredited American National Standards Institute training program is not used.


LRB099 07336 JLK 27447 b

 

 

A BILL FOR

 

HB3826LRB099 07336 JLK 27447 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Food Handling Regulation Enforcement Act is
5amended by changing Section 3.05 as follows:
 
6    (410 ILCS 625/3.05)
7    Sec. 3.05. Non-restaurant food handler training.
8    (a) All food handlers not employed by a restaurant as
9defined in Section 3.06 of this Act, other than someone holding
10a food service sanitation manager certificate, must receive or
11obtain training in basic safe food handling principles as
12outlined in subsection (b) of this Section within 30 days after
13employment and every 3 years thereafter. There is no limit to
14how many times an employee may take the training. A
15non-restaurant food handler who obtains American National
16Standards Institute-accredited training in basic safe food
17handling principles shall be deemed to have satisfied the
18training requirements of this Section. The training is
19transferable between employers, but not individuals, if an
20employer uses an accredited American National Standards
21Institute training program. Training is not transferable
22between individuals or employers if an accredited American
23National Standards Institute training program is not used.

 

 

HB3826- 2 -LRB099 07336 JLK 27447 b

1Proof that a food handler has been trained must be available
2upon reasonable request by a State or local health department
3inspector and may be in an electronic format.
4    (b) Food handler training must cover and assess knowledge
5of the following topics:
6        (1) The relationship between time and temperature with
7    respect to foodborne illness, including the relationship
8    between time and temperature and micro-organisms during
9    the various food handling preparation and serving states,
10    and the type, calibration, and use of thermometers in
11    monitoring food temperatures.
12        (2) The relationship between personal hygiene and food
13    safety, including the association of hand contact,
14    personal habits and behaviors, and the food handler's
15    health to foodborne illness, and the recognition of how
16    policies, procedures, and management contribute to
17    improved food safety practices.
18        (3) Methods of preventing food contamination in all
19    stages of food handling, including terms associated with
20    contamination and potential hazards prior to, during, and
21    after delivery.
22        (4) Procedures for cleaning and sanitizing equipment
23    and utensils.
24        (5) Problems and potential solutions associated with
25    temperature control, preventing cross-contamination,
26    housekeeping, and maintenance.

 

 

HB3826- 3 -LRB099 07336 JLK 27447 b

1    (c) Training modules must be approved by the Department.
2Any and all documents, materials, or information related to a
3restaurant or business food handler training module submitted
4to the Department is confidential and shall not be open to
5public inspection or dissemination and is exempt from
6disclosure under Section 7 of the Freedom of Information Act.
7Any modules complying with subsection (b) of this Section and
8not approved within 180 days after the Department's receipt of
9the business application shall automatically be considered
10approved. If a training module has been approved in another
11state, then it shall automatically be considered approved in
12Illinois so long as the business provides proof that the
13training has been approved in another state. Training may be
14conducted by any means available, including, but not limited
15to, on-line, computer, classroom, live trainers, remote
16trainers, and certified food service sanitation managers.
17Nothing in this subsection (c) shall be construed to require a
18proctor. There must be at least one commercially available,
19approved food handler training module at a cost of no more than
20$15 per employee; if an approved food handler training module
21is not available at that cost, then the provisions of this
22Section 3.05 shall not apply.
23    (d) The regulation of food handler training is considered
24to be an exclusive function of the State, and local regulation
25is prohibited. This subsection (d) is a denial and limitation
26of home rule powers and functions under subsection (h) of

 

 

HB3826- 4 -LRB099 07336 JLK 27447 b

1Section 6 of Article VII of the Illinois Constitution.
2    (e) The provisions of this Section apply beginning July 1,
32016. From July 1, 2016 through December 31, 2016, enforcement
4of the provisions of this Section shall be limited to education
5and notification of requirements to encourage compliance.
6(Source: P.A. 98-566, eff. 8-27-13.)