Illinois General Assembly - Full Text of SB2961
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Full Text of SB2961  97th General Assembly


Sen. William R. Haine

Filed: 2/28/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 2961 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Food Handling Regulation Enforcement Act is
5amended by changing Section 3 and by adding Section 3.05 as
7    (410 ILCS 625/3)  (from Ch. 56 1/2, par. 333)
8    Sec. 3. Each food service establishment shall be under the
9operational supervision of a certified food service sanitation
10manager in accordance with rules promulgated under this Act.
11    By July 1, 1990, the Director of the Department of Public
12Health in accordance with this Act, shall promulgate rules for
13the education, examination, and certification of food service
14establishment managers and instructors of the food service
15sanitation manager certification education programs. Beginning
16July 1, 2013, any individual seeking a food service sanitation



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1manager certificate or a food service sanitation manager
2instructor certificate must complete a minimum of 8 hours of
3Department-approved training, inclusive of the examination,
4and receive a score of at least 75% on the examination. A food
5service sanitation manager certificate and a food service
6sanitation manager instructor certificate shall be valid for 5
7years, unless revoked by the Department of Public Health, and
8shall not be transferable from the individual to whom it was
9issued. Beginning July 1, 2013, recertification for food
10service sanitation manager certification Recertification shall
11be accomplished by presenting evidence of completion of 8 hours
12of Department-approved training, inclusive of the examination,
13and having received a score of at least 75% on the examination
14ongoing food safety and food sanitation education or
15re-examination, in compliance with rules promulgated by the
16Director. Existing certificates shall expire on the printed
17expiration date or 5 years from the effective date of this
18amendatory Act of 1989.
19    For purposes of certification and recertification for food
20service sanitation manager certification, the Department shall
21accept only Department-approved training and exams recognized
22by the American National Standards Institute (ANSI),
23Conference for Food Protection, or their successors. Any
24individual may elect to take the Department of Public Health
25food service sanitation manager certification examination or
26take an examination administered by a testing authority



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1previously approved by the Department. The Department shall
2charge a fee of $35 for each new and renewed food service
3sanitation manager certificate and $10 for each replacement
4certificate. All fees collected under this Section shall be
5deposited into the Food and Drug Safety Fund.
6    Any fee received by the Department under this Section that
7is submitted for the renewal of an expired food service
8sanitation manager certificate may be returned by the Director
9after recording the receipt of the fee and the reason for its
11    The Department shall award an Illinois certificate to
12anyone presenting a valid certificate issued by another state,
13so long as the holder of the certificate has passed a
14Conference for Food Protection-approved examination, or proof
15of having passed a Conference for Food Protection-approved
16examination. The $35 issuance fee applies. The reciprocal
17Illinois certificate shall expire on the same date as the
18presented certificate. On or before the expiration date, the
19holder must have met the Illinois recertification requirements
20in order to be reissued an Illinois certificate. Reciprocity is
21only for individuals who have moved to or begun working in
22Illinois in the 6 months prior to applying for reciprocity. Any
23individual presenting an out-of-state certificate may do so
24only once.
25(Source: P.A. 89-641, eff. 8-9-96.)



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1    (410 ILCS 625/3.05 new)
2    Sec. 3.05. Food handler training.
3    (a) All food handlers, other than someone holding a food
4service sanitation manager certificate, must receive training
5in basic safe food handling principles as outlined in
6subsection (b) of this Section within 30 days after employment.
7There is no limit to how many times an employee may take the
8training. Training is not transferable between individuals or
9employers. Proof that a food handler has been trained must be
10available upon reasonable request by a State or local health
11department inspector.
12    (b) Food handler training must cover and assess knowledge
13of the following topics:
14        (1) The relationship between time and temperature with
15    respect to foodborne illness, including the relationship
16    between time and temperature and micro-organisms during
17    the various food handling preparation and serving states,
18    and the type, calibration, and use of thermometers in
19    monitoring food temperatures.
20        (2) The relationship between personal hygiene and food
21    safety, including the association of hand contact,
22    personal habits and behaviors, and the food handler's
23    health to foodborne illness, and the recognition of how
24    policies, procedures, and management contribute to
25    improved food safety practices.
26        (3) Methods of preventing food contamination in all



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1    stages of food handling, including terms associated with
2    contamination and potential hazards prior to, during, and
3    after delivery.
4        (4) Procedures for cleaning and sanitizing equipment
5    and utensils.
6        (5) Problems and potential solutions associated with
7    temperature control, preventing cross-contamination,
8    housekeeping, and maintenance.
9    (c) Training modules must be approved by the Department.
10Any modules not approved within 90 days after the Department's
11receipt of the business application shall automatically be
12considered approved. If a training module has been approved in
13another state, then it shall automatically be considered
14approved in Illinois so long as the business provides proof
15that the training has been approved in another state. Training
16may be conducted by any means available, including, but not
17limited to, on-line, computer, classroom, live trainers,
18remote trainers, and food service sanitation manager
19instructors. Nothing in this subsection (c) shall be construed
20to require a proctor. There should be at least one commercially
21available, approved food handler training module at a cost of
22no more than $15 per employee; if an approved food handler
23training module is not available at that cost, then the
24provisions of this Section 3.05 shall not apply.
25    (d) Food handler training is considered to be an exclusive
26function of the State, and local programs are prohibited. This



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1subsection (d) is a denial and limitation of home rule powers
2and functions under subsection (h) of Section 6 of Article VII
3of the Illinois Constitution.
4    (e) The provisions of this Section apply beginning July 1,
52015. From July 1, 2015 through December 31, 2015, enforcement
6of the provisions of this Section shall be limited to education
7and notification of requirements to encourage compliance.
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".