Illinois General Assembly - Full Text of HB2510
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Full Text of HB2510  100th General Assembly


Rep. Sara Feigenholtz

Filed: 4/25/2017





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2    AMENDMENT NO. ______. Amend House Bill 2510, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Food Handling Regulation Enforcement Act is
6amended by adding Section 3.07 as follows:
7    (410 ILCS 625/3.07 new)
8    Sec. 3.07. Allergen awareness training.
9    (a) As used in this Section:
10    "Certified food service sanitation manager" means a food
11service sanitation manager certified under Section 3 of this
13    "Major food allergen" includes milk, eggs, fish,
14crustaceans, tree nuts, wheat, peanuts, soybeans, and food
15ingredients that contain protein derived from these foods.
16    "Primarily engaged" means having sales of ready-to-eat



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1food for immediate consumption comprising at least 51% of the
2total sales, excluding the sale of liquor.
3    "Restaurant" means any business that is primarily engaged
4in the sale of ready-to-eat food for immediate consumption.
5    (b) Unless otherwise provided, all certified food service
6sanitation managers employed by a restaurant must receive or
7obtain training in basic allergen awareness principles within
830 days after employment and every 3 years thereafter. Training
9programs must be accredited by the American National Standards
10Institute or another reputable accreditation agency under the
11ASTM International E2659-09 (Standard Practice for Certificate
12Programs). There is no limit to how many times an employee may
13take the training.
14    (c) Allergen awareness training must cover and assess
15knowledge of the following topics:
16        (1) the definition of a food allergy;
17        (2) the symptoms of an allergic reaction;
18        (3) the major food allergens;
19        (4) the dangers of allergens and how to prevent
20    cross-contact;
21        (5) the proper cleaning methods to prevent allergen
22    contamination;
23        (6) how and when to communicate to guests and staff
24    about allergens;
25        (7) the special considerations related to allergens
26    from workstations and self-serve areas;



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1        (8) how to handle special dietary requests;
2        (9) dealing with emergencies, including allergic
3    reactions;
4        (10) the importance of food labels;
5        (11) how to handle food deliveries in relation to
6    allergens;
7        (12) proper food preparation for guests with food
8    allergies; and
9        (13) cleaning and personal hygiene considerations to
10    prevent contaminating food with allergens.
11    (d) If an entity uses an allergen awareness training
12program accredited by the American National Standards
13Institute or another reputable accreditation agency under the
14ASTM International E2659-09 (Standard Practice for Certificate
15Programs), then that training program meets the requirements of
16this Section. The training indicated in this subsection (d) is
17transferable between employers, but not individuals.
18    (e) If a business with an internal training program follows
19the guidelines in subsection (c), and is approved in another
20state prior to the effective date of this amendatory Act of the
21100th General Assembly, then the business's training program
22and assessment meets the requirements of the Section. The
23training indicated in this subsection (e) is not transferable
24between individuals or employers.
25    (f) The training program of any multi-state business with a
26plan that follows the guidelines of subsection (c) meets the



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1requirements of this Section. The training indicated in this
2subsection (g) is not transferable between individuals or
4    (g) This Section does not apply to any multi-state business
5that has a food handler training program that follows the
6guidelines in subsection (d) of Section 3.06 of this Act, an
7individual that receives food handler training in accordance
8with the rules adopted under this Act, or a Category II
9facility or Category III facility as defined under 77 Ill. Adm.
10Code 750.10.
11    (h) Any and all documents, materials, or information
12related to a restaurant or business allergen awareness training
13module is confidential and shall not be open to public
14inspection or dissemination and is exempt from disclosure under
15Section 7 of the Freedom of Information Act. Training may be
16conducted by any means available, including, but not limited
17to, online, computer, classroom, live trainers, remote
18trainers, and food service sanitation managers who have
19successfully completed an approved allergen training. Nothing
20in this subsection (h) shall be construed to require a proctor.
21Proof that a food service sanitation manager has been trained
22must be available upon reasonable request by a State or local
23health department inspector and may be provided
25    (i) The regulation of allergen awareness training is
26considered to be an exclusive function of the State, and local



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1regulation is prohibited. This subsection (i) is a denial and
2limitation of home rule powers and functions under subsection
3(h) of Section 6 of Article VII of the Illinois Constitution.
4    (j) The provisions of this Section apply beginning January
51, 2018. From January 1, 2018 through July 1, 2018, 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.".