Full Text of HB4864 100th General Assembly
HB4864 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4864 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED: |
| 30 ILCS 230/2 | from Ch. 127, par. 171 | 410 ILCS 130/80 | | 410 ILCS 625/1 | from Ch. 56 1/2, par. 331 | 410 ILCS 625/3 | from Ch. 56 1/2, par. 333 | 410 ILCS 625/3.05 | | 410 ILCS 625/3.06 | | 410 ILCS 625/3.07 | | 410 ILCS 625/4 | |
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Amends the Food Handling Regulation Enforcement Act. Removes the requirement for each food service establishment to be under the operational supervision of a certified food service sanitation manager. Changes references from "certified food service sanitation manager" to "certified food protection manager" and makes related changes. Removes provisions requiring the Department of Public Health to be involved in the certification process. Amends the State Officers and Employees Money Disposition Act and Compassionate Use of Medical Cannabis Pilot Program Act to make corresponding changes. Makes other changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Officers and Employees Money | 5 | | Disposition Act is amended by changing Section 2 as follows:
| 6 | | (30 ILCS 230/2) (from Ch. 127, par. 171)
| 7 | | Sec. 2. Accounts of money received; payment into State | 8 | | treasury.
| 9 | | (a) Every officer, board, commission, commissioner, | 10 | | department,
institution, arm or agency brought within the | 11 | | provisions of this Act by
Section 1 shall keep in proper books | 12 | | a detailed itemized account
of all moneys received for or on | 13 | | behalf of the State of Illinois, showing
the date
of receipt, | 14 | | the payor, and purpose and amount, and the date and manner
of | 15 | | disbursement as hereinafter provided, and, unless a different | 16 | | time of
payment is expressly provided by law or by rules or | 17 | | regulations promulgated
under subsection (b) of this Section, | 18 | | shall pay into the State treasury
the gross amount of money so | 19 | | received on the day of actual physical
receipt with respect to | 20 | | any single item of receipt exceeding $10,000,
within 24 hours | 21 | | of actual physical receipt with respect to an accumulation
of | 22 | | receipts of $10,000 or more, or within 48 hours of actual | 23 | | physical
receipt with respect to an accumulation of receipts |
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| 1 | | exceeding $500 but less
than $10,000, disregarding holidays, | 2 | | Saturdays and Sundays, after the receipt
of same, without any | 3 | | deduction on account of salaries, fees, costs, charges,
| 4 | | expenses or claims of any description whatever; provided that:
| 5 | | (1) the provisions of (i) Section 2505-475 of the
| 6 | | Department
of Revenue Law (20 ILCS 2505/2505-475), (ii) any | 7 | | specific taxing statute
authorizing a claim for
credit | 8 | | procedure instead of the actual making of refunds, (iii) | 9 | | Section 505 of
the Illinois Controlled Substances
Act, (iv) | 10 | | Section 85 of the Methamphetamine Control and Community | 11 | | Protection Act, authorizing the Director of
State Police to | 12 | | dispose of forfeited property, which includes the sale and
| 13 | | disposition of the proceeds of the sale of forfeited | 14 | | property, and the
Department of Central Management | 15 | | Services to be reimbursed for costs incurred
with the sales | 16 | | of forfeited vehicles, boats or aircraft and to pay to bona | 17 | | fide
or innocent purchasers, conditional sales vendors or | 18 | | mortgagees of such
vehicles, boats or aircraft their | 19 | | interest in such vehicles, boats or aircraft,
and (v)
| 20 | | Section 6b-2 of the State Finance Act,
establishing | 21 | | procedures for handling cash receipts from the sale of | 22 | | pari-mutuel
wagering tickets, shall not be deemed to be in | 23 | | conflict with the requirements
of this Section;
| 24 | | (2) any fees received by the State
Registrar of Vital | 25 | | Records pursuant to the Vital Records Act which are
| 26 | | insufficient in amount may be returned by the Registrar as |
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| 1 | | provided in that
Act;
| 2 | | (3) (blank); any fees received by the Department of
| 3 | | Public Health under the Food Handling Regulation | 4 | | Enforcement Act that are
submitted for renewal of an | 5 | | expired food service sanitation manager certificate
may be | 6 | | returned by the Director as provided in that Act;
| 7 | | (3.5) the State Treasurer may permit the deduction of | 8 | | fees by
third-party unclaimed property examiners from the | 9 | | property recovered by the
examiners for the State of | 10 | | Illinois during examinations of holders located
outside | 11 | | the State under which the Office of the Treasurer has | 12 | | agreed to pay for
the examinations based upon a percentage, | 13 | | in
accordance with the Revised Uniform Unclaimed Property | 14 | | Act, of the property
recovered during the
examination; and
| 15 | | (4) if the amount of money received
does not exceed | 16 | | $500, such money may be retained and need not be paid
into | 17 | | the State treasury until the total amount of money so | 18 | | received
exceeds $500, or until the next succeeding 1st or | 19 | | 15th day of each month
(or until the next business day if | 20 | | these days fall on Sunday or a
holiday), whichever is | 21 | | earlier, at which earlier time such money shall
be paid | 22 | | into the State treasury, except that if a local bank or | 23 | | savings
and loan association account has been authorized by | 24 | | law, any balances shall
be paid into the State treasury on | 25 | | Monday of each week if more than $500
is to be deposited in | 26 | | any fund.
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| 1 | | Single items of receipt exceeding $10,000 received after 2 p.m. | 2 | | on a working
day may be deemed to have been received on the | 3 | | next working day for purposes of
fulfilling the requirement | 4 | | that the item be deposited on the day of actual
physical | 5 | | receipt.
| 6 | | No money belonging to or left for the use of the State | 7 | | shall be expended or
applied except in consequence of an | 8 | | appropriation made by law and upon the
warrant of the State | 9 | | Comptroller. However, payments made by the Comptroller
to | 10 | | persons by direct deposit need not be made upon the warrant of | 11 | | the
Comptroller, but if not made upon a warrant, shall be made | 12 | | in accordance
with Section 9.02 of the State Comptroller Act. | 13 | | All moneys so paid
into the State treasury shall, unless | 14 | | required by some statute to be held in
the State treasury in a | 15 | | separate or special fund, be covered into the General
Revenue | 16 | | Fund in the State treasury. Moneys received
in the form of | 17 | | checks, drafts or similar instruments shall be properly
| 18 | | endorsed, if necessary, and delivered to the State Treasurer | 19 | | for
collection. The State Treasurer shall remit such collected | 20 | | funds to the
depositing officer, board, commission, | 21 | | commissioner, department,
institution, arm or agency by | 22 | | Treasurers Draft or through electronic funds
transfer. The | 23 | | draft or notification of the electronic funds
transfer shall be | 24 | | provided to the State Comptroller to allow deposit into
the | 25 | | appropriate fund.
| 26 | | (b) Different time periods for the payment of public funds |
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| 1 | | into the State
treasury or to the State Treasurer, in excess of | 2 | | the periods established
in subsection (a) of this Section, but | 3 | | not in excess of 30 days after receipt
of such funds, may be | 4 | | established and revised from time to time by rules or
| 5 | | regulations promulgated jointly by the State Treasurer and the | 6 | | State
Comptroller in accordance with the Illinois | 7 | | Administrative
Procedure Act. The different
time periods | 8 | | established by rule or regulation under this subsection may | 9 | | vary
according to the nature and amounts of the funds received, | 10 | | the locations at
which the funds are received, whether | 11 | | compliance with the deposit requirements
specified in | 12 | | subsection (a) of this Section would be cost effective, and | 13 | | such
other circumstances and conditions as the promulgating | 14 | | authorities consider to
be appropriate. The Treasurer and the | 15 | | Comptroller shall review all such
different time
periods | 16 | | established pursuant to this subsection every 2 years from the
| 17 | | establishment thereof and upon such review, unless it is | 18 | | determined that it
is economically unfeasible for the agency to | 19 | | comply with the provisions of
subsection (a), shall repeal such | 20 | | different time period.
| 21 | | (Source: P.A. 100-22, eff. 1-1-18 .)
| 22 | | Section 10. The Compassionate Use of Medical Cannabis Pilot | 23 | | Program Act is amended by changing Section 80 as follows: | 24 | | (410 ILCS 130/80) |
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| 1 | | (Section scheduled to be repealed on July 1, 2020)
| 2 | | Sec. 80. Preparation of cannabis infused products. | 3 | | (a) Notwithstanding any other provision of law, neither the | 4 | | Department of Public Health nor the Department of Agriculture | 5 | | nor the health department of a unit of local government may | 6 | | regulate the service of food by a registered cultivation center | 7 | | or registered dispensing organization provided that all of the | 8 | | following conditions are met: | 9 | | (1) No cannabis infused products requiring | 10 | | refrigeration or hot-holding shall be manufactured at a | 11 | | cultivation center for sale or distribution at a dispensing | 12 | | organization due to the potential for food-borne illness.
| 13 | | (2) Baked products infused with medical cannabis (such | 14 | | as brownies, bars, cookies, cakes), tinctures, and other | 15 | | non-refrigerated items are acceptable for sale at | 16 | | dispensing organizations. The products are allowable for | 17 | | sale only at registered dispensing organizations.
| 18 | | (3) All items shall be individually wrapped at the | 19 | | original point of preparation. The packaging of the medical | 20 | | cannabis infused product shall conform to the labeling | 21 | | requirements of the Illinois Food, Drug and Cosmetic Act | 22 | | and shall include the following information on each product | 23 | | offered for sale or distribution:
| 24 | | (A) the name and address of the registered | 25 | | cultivation center where the item was manufactured;
| 26 | | (B) the common or usual name of the item;
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| 1 | | (C) all ingredients of the item, including any | 2 | | colors, artificial flavors, and preservatives, listed | 3 | | in descending order by predominance of weight shown | 4 | | with common or usual names;
| 5 | | (D) the following phrase: "This product was | 6 | | produced in a medical cannabis cultivation center not | 7 | | subject to public health inspection that may also | 8 | | process common food allergens.";
| 9 | | (E) allergen labeling as specified in the Federal | 10 | | Food, Drug and Cosmetics Act, Federal Fair Packaging | 11 | | and Labeling Act, and the Illinois Food, Drug and | 12 | | Cosmetic Act;
| 13 | | (F) the pre-mixed total weight (in ounces or grams) | 14 | | of usable cannabis in the package;
| 15 | | (G) a warning that the item is a medical cannabis | 16 | | infused product and not a food must be distinctly and | 17 | | clearly legible on the front of the package;
| 18 | | (H) a clearly legible warning emphasizing that the | 19 | | product contains medical cannabis and is intended for | 20 | | consumption by registered qualifying patients only;
| 21 | | and | 22 | | (I) date of manufacture and "use by date".
| 23 | | (4) Any dispensing organization that sells edible | 24 | | cannabis infused products must display a placard that | 25 | | states the following: "Edible cannabis infused products | 26 | | were produced in a kitchen not subject to public health |
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| 1 | | inspections that may also process common food allergens." | 2 | | The placard shall be no smaller than 24" tall by 36" wide, | 3 | | with typed letters no smaller than 2". The placard shall be | 4 | | clearly visible and readable by customers and shall be | 5 | | written in English.
| 6 | | (5) Cannabis infused products for sale or distribution | 7 | | at a dispensing organization must be prepared by an | 8 | | approved staff member of a registered cultivation center.
| 9 | | (6) A cultivation center that prepares cannabis | 10 | | infused products for sale or distribution at a dispensing | 11 | | organization shall be under the operational supervision of | 12 | | a certified food protection manager Department of Public | 13 | | Health certified food service sanitation manager .
| 14 | | (b) The Department of Public Health shall adopt rules for | 15 | | the manufacture of medical cannabis-infused products and shall | 16 | | enforce these provisions, and for that purpose it may at all | 17 | | times enter every building, room, basement, enclosure, or | 18 | | premises occupied or used or suspected of being occupied or | 19 | | used for the production, preparation, manufacture for sale, | 20 | | storage, sale, distribution or transportation of medical | 21 | | cannabis edible products, to inspect the premises and all | 22 | | utensils, fixtures, furniture, and machinery used for the | 23 | | preparation of these products.
| 24 | | (c) If a local health organization has a reasonable belief | 25 | | that a cultivation center's cannabis-infused product poses a | 26 | | public health hazard, it may refer the cultivation center to |
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| 1 | | the Department of Public Health. If the Department of Public | 2 | | Health finds that a cannabis-infused product poses a health | 3 | | hazard, it may without administrative procedure to bond, bring | 4 | | an action for immediate injunctive relief to require that | 5 | | action be taken as the court may deem necessary to meet the | 6 | | hazard of the cultivation center.
| 7 | | (Source: P.A. 98-122, eff. 1-1-14 .) | 8 | | Section 15. The Food Handling Regulation Enforcement Act is | 9 | | amended by changing Sections 1, 3, 3.05, 3.06, 3.07, and 4 as | 10 | | follows:
| 11 | | (410 ILCS 625/1) (from Ch. 56 1/2, par. 331)
| 12 | | Sec. 1.
Any business establishment dealing in the sale of | 13 | | food items
which does not comply with existing state laws | 14 | | relating to food handling
or does not comply with the health | 15 | | and food handling regulations of any
local governmental unit | 16 | | having jurisdiction of such establishment may be
enjoined from | 17 | | doing business in the following manner: the Department of
| 18 | | Public Health of the State of Illinois or local departments of | 19 | | health
may seek an injunction in the
circuit court for the | 20 | | county in which such establishment is located.
Such injunction, | 21 | | if granted, shall prohibit such business establishment
from | 22 | | selling food items until it complies with any applicable state | 23 | | laws
or regulations of a local governmental agency. However, no | 24 | | injunction
may be sought or granted before July 1, 1980, to |
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| 1 | | enforce any rule or regulation
requiring a food service | 2 | | establishment to have one or more persons who are
certified in | 3 | | food service sanitation.
| 4 | | The local department of health shall file a written report | 5 | | with the Illinois
Department of Public Health within 10 days | 6 | | after seeking an injunction against
a business establishment | 7 | | dealing in the sale of food items.
| 8 | | (Source: P.A. 80-1295.)
| 9 | | (410 ILCS 625/3) (from Ch. 56 1/2, par. 333)
| 10 | | Sec. 3. Certified food protection manager. Any Each food | 11 | | service establishment shall be under the operational
| 12 | | supervision of a certified food service sanitation manager in | 13 | | accordance
with rules promulgated under this Act. By July 1, | 14 | | 1990, the Director of the Department of Public Health in
| 15 | | accordance with this Act, shall
promulgate rules for the | 16 | | education, examination, and certification of food
service | 17 | | establishment managers and instructors of the food service
| 18 | | sanitation manager certification education programs. Beginning | 19 | | January 1, 2018, any individual who has completed a minimum of | 20 | | 8 hours of Department-approved training for certified food | 21 | | protection food service sanitation manager certification, | 22 | | inclusive of the examination, and received a passing score on | 23 | | the examination set by the certification exam provider | 24 | | accredited under standards developed and adopted by the | 25 | | Conference for Food Protection or its successor organization, |
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| 1 | | shall be considered to be a certified food protection service | 2 | | sanitation manager. Beginning January 1, 2018, any individual | 3 | | who has completed a minimum of 8 hours of Department-approved | 4 | | training for food service sanitation manager instructor | 5 | | certification, inclusive of the examination, and received a | 6 | | passing score on the examination set by the certification exam | 7 | | provider accredited under standards developed and adopted by | 8 | | the Conference for Food Protection or its successor | 9 | | organization, shall be considered to be a certified food | 10 | | service sanitation manager instructor. A food service
| 11 | | sanitation manager certificate and a food service sanitation | 12 | | manager
instructor certificate issued by the exam provider | 13 | | shall be valid for 5 years and shall not be transferable from | 14 | | the
individual to whom it was issued.
| 15 | | For purposes of food service sanitation manager | 16 | | certification, the Department shall accept only training | 17 | | approved by the Department and certification exams accredited | 18 | | under standards developed and adopted by the Conference for | 19 | | Food Protection or its successor.
| 20 | | (Source: P.A. 99-62, eff. 7-16-15; 100-194, eff. 1-1-18 .)
| 21 | | (410 ILCS 625/3.05) | 22 | | Sec. 3.05. Non-restaurant food handler training. | 23 | | (a) All food handlers not employed by a restaurant as | 24 | | defined in Section 3.06 of this Act, other than someone holding | 25 | | a certified food protection food service sanitation manager |
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| 1 | | certificate, must receive or obtain training in basic safe food | 2 | | handling principles as outlined in subsection (b) of this | 3 | | Section within 30 days after employment. There is no limit to | 4 | | how many times an employee may take the training. Training is | 5 | | not transferable between individuals or employers. Proof that a | 6 | | food handler has been trained must be available upon reasonable | 7 | | request by a State or local health department inspector and may | 8 | | be in an electronic format. | 9 | | (b) Food handler training must cover and assess knowledge | 10 | | of the following topics: | 11 | | (1) The relationship between time and temperature with | 12 | | respect to foodborne illness, including the relationship | 13 | | between time and temperature and micro-organisms during | 14 | | the various food handling preparation and serving states, | 15 | | and the type, calibration, and use of thermometers in | 16 | | monitoring food temperatures. | 17 | | (2) The relationship between personal hygiene and food | 18 | | safety, including the association of hand contact, | 19 | | personal habits and behaviors, and the food handler's | 20 | | health to foodborne illness, and the recognition of how | 21 | | policies, procedures, and management contribute to | 22 | | improved food safety practices. | 23 | | (3) Methods of preventing food contamination in all | 24 | | stages of food handling, including terms associated with | 25 | | contamination and potential hazards prior to, during, and | 26 | | after delivery. |
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| 1 | | (4) Procedures for cleaning and sanitizing equipment | 2 | | and utensils. | 3 | | (5) Problems and potential solutions associated with | 4 | | temperature control, preventing cross-contamination, | 5 | | housekeeping, and maintenance. | 6 | | (c) Training modules must be approved by the Department. | 7 | | Any and all documents, materials, or information related to a | 8 | | restaurant or business food handler training module submitted | 9 | | to the Department is confidential and shall not be open to | 10 | | public inspection or dissemination and is exempt from | 11 | | disclosure under Section 7 of the Freedom of Information Act. | 12 | | Any modules complying with subsection (b) of this Section and | 13 | | not approved within 180 days after the Department's receipt of | 14 | | the business application shall automatically be considered | 15 | | approved. If a training module has been approved in another | 16 | | state, then it shall automatically be considered approved in | 17 | | Illinois so long as the business provides proof that the | 18 | | training has been approved in another state. Training may be | 19 | | conducted by any means available, including, but not limited | 20 | | to, on-line, computer, classroom, live trainers, remote | 21 | | trainers, and certified food protection service sanitation | 22 | | managers. Nothing in this subsection (c) shall be construed to | 23 | | require a proctor. There must be at least one commercially | 24 | | available, approved food handler training module at a cost of | 25 | | no more than $15 per employee; if an approved food handler | 26 | | training module is not available at that cost, then the |
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| 1 | | provisions of this Section 3.05 shall not apply. | 2 | | (d) The regulation of food handler training is considered | 3 | | to be an exclusive function of the State, and local regulation | 4 | | is prohibited. This subsection (d) is a denial and
limitation | 5 | | of home rule powers and functions under
subsection (h) of | 6 | | Section 6 of Article VII of the
Illinois Constitution. | 7 | | (e) The provisions of this Section apply beginning July 1, | 8 | | 2016. From July 1, 2016 through December 31, 2016, enforcement | 9 | | of the provisions of this Section shall be limited to education | 10 | | and notification of requirements to encourage compliance.
| 11 | | (Source: P.A. 98-566, eff. 8-27-13.) | 12 | | (410 ILCS 625/3.06) | 13 | | Sec. 3.06. Food handler training; restaurants. | 14 | | (a) For the purpose of this Section, "restaurant" means any | 15 | | business that is primarily engaged in the sale of ready-to-eat | 16 | | food for immediate consumption. "Primarily engaged" means | 17 | | having sales of ready-to-eat food for immediate consumption | 18 | | comprising at least 51% of the total sales, excluding the sale | 19 | | of liquor. | 20 | | (b) Unless otherwise provided, all food handlers employed | 21 | | by a restaurant, other than someone holding a certified food | 22 | | protection food service sanitation manager certificate, must | 23 | | receive or obtain American National Standards | 24 | | Institute-accredited training in basic safe food handling | 25 | | principles within 30 days after employment and every 3 years |
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| 1 | | thereafter. Notwithstanding the provisions of Section 3.05 of | 2 | | this Act, food handlers employed in nursing homes, licensed day | 3 | | care homes and facilities, hospitals, schools, and long-term | 4 | | care facilities must renew their training every 3 years. There | 5 | | is no limit to how many times an employee may take the | 6 | | training. The training indicated in subsections (e) and (f) of | 7 | | this Section is transferable between employers, but not | 8 | | individuals. The training indicated in subsections (c) and (d) | 9 | | of this Section is not transferable between individuals or | 10 | | employers. Proof that a food handler has been trained must be | 11 | | available upon reasonable request by a State or local health | 12 | | department inspector and may be provided electronically. | 13 | | (c) If a business with an internal training program is | 14 | | approved in another state prior to the effective date of this | 15 | | amendatory Act of the 98th General Assembly, then the | 16 | | business's training program and assessment shall be | 17 | | automatically approved by the Department upon the business | 18 | | providing proof that the program is approved in said state. | 19 | | (d) The Department shall approve the training program of | 20 | | any multi-state business or a franchisee, as defined in the | 21 | | Franchise Disclosure Act of 1987, of any multi-state business | 22 | | with a plan that follows the guidelines in subsection (b) of | 23 | | Section 3.05 of this Act and is on file with the Department by | 24 | | August 1, 2017. | 25 | | (e) If an entity uses an American National Standards | 26 | | Institute food handler training accredited program, that |
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| 1 | | training program shall be automatically approved by the | 2 | | Department. | 3 | | (f) Certified local health departments in counties serving | 4 | | jurisdictions with a population of 100,000 or less, as reported | 5 | | by the U.S. Census Bureau in the 2010 Census of Population, may | 6 | | have a training program. The training program must meet the | 7 | | requirements of Section 3.05(b) and be approved by the | 8 | | Department. This Section notwithstanding, certified local | 9 | | health departments in the following counties may have a | 10 | | training program: | 11 | | (1) a county with a population of 677,560 as reported | 12 | | by the U.S. Census Bureau in the 2010 Census of Population; | 13 | | (2) a county with a population of 308,760 as reported | 14 | | by the U.S. Census Bureau in the 2010 Census of Population; | 15 | | (3) a county with a population of 515,269 as reported | 16 | | by the U.S. Census Bureau in the 2010 Census of Population; | 17 | | (4) a county with a population of 114,736 as reported | 18 | | by the U.S. Census Bureau in the 2010 Census of Population; | 19 | | (5) a county with a population of 110,768 as reported | 20 | | by the U.S. Census Bureau in the 2010 Census of Population; | 21 | | (6) a county with a population of 135,394 as reported | 22 | | by the U.S. Census Bureau in the 2010 Census of Population. | 23 | | The certified local health departments in paragraphs (1) | 24 | | through (6) of this subsection (f) must have their training | 25 | | programs on file with the Department no later than 90 days | 26 | | after the effective date of this Act. Any modules that meet the |
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| 1 | | requirements of subsection (b) of Section 3.05 of this Act and | 2 | | are not approved within 180 days after the Department's receipt | 3 | | of the application of the entity seeking to conduct the | 4 | | training shall automatically be considered approved by the | 5 | | Department. | 6 | | (g) Any and all documents, materials, or information | 7 | | related to a restaurant or business food handler training | 8 | | module submitted to the Department is confidential and shall | 9 | | not be open to public inspection or dissemination and is exempt | 10 | | from disclosure under Section 7 of the Freedom of Information | 11 | | Act. Training may be conducted by any means available, | 12 | | including, but not limited to, on-line, computer, classroom, | 13 | | live trainers, remote trainers, and certified food protection | 14 | | service sanitation managers. There must be at least one | 15 | | commercially available, approved food handler training module | 16 | | at a cost of no more than $15 per employee; if an approved food | 17 | | handler training module is not available at that cost, then the | 18 | | provisions of this Section 3.06 shall not apply. | 19 | | (h) The regulation of food handler training is considered | 20 | | to be an exclusive function of the State, and local regulation | 21 | | is prohibited. This subsection (h) is a denial and limitation | 22 | | of home rule powers and functions under subsection (h) of | 23 | | Section 6 of Article VII of the Illinois Constitution. | 24 | | (i) The provisions of this Section apply beginning July 1, | 25 | | 2014. From July 1, 2014 through December 31, 2014, enforcement | 26 | | of the provisions of this Section shall be limited to education |
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| 1 | | and notification of requirements to encourage compliance.
| 2 | | (Source: P.A. 99-62, eff. 7-16-15; 99-78, eff. 7-20-15; | 3 | | 100-367, eff. 8-25-17.) | 4 | | (410 ILCS 625/3.07) | 5 | | Sec. 3.07. Allergen awareness training. | 6 | | (a) As used in this Section: | 7 | | "Certified food service sanitation manager" means a food | 8 | | service sanitation manager certified under Section 3 of this | 9 | | Act. | 10 | | "Major food allergen" includes milk, eggs, fish, | 11 | | crustaceans, tree nuts, wheat, peanuts, soybeans, and food | 12 | | ingredients that contain protein derived from these foods. | 13 | | "Primarily engaged" means having sales of ready-to-eat | 14 | | food for immediate consumption comprising at least 51% of the | 15 | | total sales, excluding the sale of liquor. | 16 | | "Restaurant" means any business that is primarily engaged | 17 | | in the sale of ready-to-eat food for immediate consumption. | 18 | | (b) Unless otherwise provided, all certified food | 19 | | protection service sanitation managers employed by a | 20 | | restaurant must receive or obtain training in basic allergen | 21 | | awareness principles within 30 days after employment and every | 22 | | 3 years thereafter. Training programs must be accredited by the | 23 | | American National Standards Institute or another reputable | 24 | | accreditation agency under the ASTM International E2659-09 | 25 | | (Standard Practice for Certificate Programs). There is no limit |
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| 1 | | to how many times an employee may take the training. | 2 | | (c) Allergen awareness training must cover and assess | 3 | | knowledge of the following topics: | 4 | | (1) the definition of a food allergy; | 5 | | (2) the symptoms of an allergic reaction; | 6 | | (3) the major food allergens; | 7 | | (4) the dangers of allergens and how to prevent | 8 | | cross-contact; | 9 | | (5) the proper cleaning methods to prevent allergen | 10 | | contamination; | 11 | | (6) how and when to communicate to guests and staff | 12 | | about allergens; | 13 | | (7) the special considerations related to allergens | 14 | | from workstations and self-serve areas; | 15 | | (8) how to handle special dietary requests; | 16 | | (9) dealing with emergencies, including allergic | 17 | | reactions; | 18 | | (10) the importance of food labels; | 19 | | (11) how to handle food deliveries in relation to | 20 | | allergens; | 21 | | (12) proper food preparation for guests with food | 22 | | allergies; and | 23 | | (13) cleaning and personal hygiene considerations to | 24 | | prevent contaminating food with allergens. | 25 | | (d) If an entity uses an allergen awareness training | 26 | | program accredited by the American National Standards |
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| 1 | | Institute or another reputable accreditation agency under the | 2 | | ASTM International E2659-09 (Standard Practice for Certificate | 3 | | Programs), then that training program meets the requirements of | 4 | | this Section. The training indicated in this subsection (d) is | 5 | | transferable between employers, but not individuals. | 6 | | (e) If a business with an internal training program follows | 7 | | the guidelines in subsection (c), and is approved in another | 8 | | state prior to the effective date of this amendatory Act of the | 9 | | 100th General Assembly, then the business's training program | 10 | | and assessment meets the requirements of the Section. The | 11 | | training indicated in this subsection (e) is not transferable | 12 | | between individuals or employers. | 13 | | (f) The training program of any multi-state business with a | 14 | | plan that follows the guidelines of subsection (c) meets the | 15 | | requirements of this Section. The training indicated in this | 16 | | subsection (f) is not transferable between individuals or | 17 | | employers. | 18 | | (g) This Section does not apply to a multi-state business | 19 | | or a franchisee, as defined in the Franchise Disclosure Act of | 20 | | 1987, that has a food handler training program that follows the | 21 | | guidelines in subsection (d) of Section 3.06 of this Act; an | 22 | | individual that receives food handler training in accordance | 23 | | with the rules adopted under this Act; or a Category II | 24 | | facility or Category III facility as defined under 77 Ill. Adm. | 25 | | Code 750.10. | 26 | | (h) Any and all documents, materials, or information |
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| 1 | | related to a restaurant or business allergen awareness training | 2 | | module is confidential and shall not be open to public | 3 | | inspection or dissemination and is exempt from disclosure under | 4 | | Section 7 of the Freedom of Information Act. Training may be | 5 | | conducted by any means available, including, but not limited | 6 | | to, online, computer, classroom, live trainers, remote | 7 | | trainers, and certified food protection food service | 8 | | sanitation managers who have successfully completed an | 9 | | approved allergen training. Nothing in this subsection (h) | 10 | | shall be construed to require a proctor. Proof that a certified | 11 | | food protection food service sanitation manager has been | 12 | | trained must be available upon reasonable request by a State or | 13 | | local health department inspector and may be provided | 14 | | electronically. | 15 | | (i) The regulation of allergen awareness training is | 16 | | considered to be an exclusive function of the State, and local | 17 | | regulation is prohibited. This subsection (i) is a denial and | 18 | | limitation of home rule powers and functions under subsection | 19 | | (h) of Section 6 of Article VII of the Illinois Constitution. | 20 | | (j) The provisions of this Section apply beginning January | 21 | | 1, 2018. From January 1, 2018 through July 1, 2018, enforcement | 22 | | of the provisions of this Section shall be limited to education | 23 | | and notification of requirements to encourage compliance.
| 24 | | (Source: P.A. 100-367, eff. 8-25-17.) | 25 | | (410 ILCS 625/4) |
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| 1 | | Sec. 4. Cottage food operation. | 2 | | (a) For the purpose of this Section: | 3 | | "Cottage food operation" means an operation conducted by a | 4 | | person who produces or packages food or drink, other than foods | 5 | | and drinks listed as prohibited in paragraph (1.5) of | 6 | | subsection (b) of this Section, in a kitchen located in that | 7 | | person's primary domestic residence or another appropriately | 8 | | designed and equipped residential or commercial-style kitchen | 9 | | on that property for direct sale by the owner, a family member, | 10 | | or employee. | 11 | | "Department" means the Department of Public Health. | 12 | | "Farmers' market" means a common facility or area where
| 13 | | farmers gather to sell a variety of fresh fruits and vegetables
| 14 | | and other locally produced farm and food products directly to
| 15 | | consumers. | 16 | | "Main ingredient" means an agricultural product that is the | 17 | | defining or distinctive ingredient in a cottage food product, | 18 | | though not necessarily by predominance of weight. | 19 | | "Potentially hazardous food" means a food that is | 20 | | potentially hazardous according to the Department's | 21 | | administrative rules. Potentially hazardous food (PHF) in | 22 | | general means a food that requires time and temperature control | 23 | | for safety (TCS) to limit pathogenic microorganism growth or | 24 | | toxin formation. | 25 | | (b) Notwithstanding any other provision of law and except | 26 | | as provided in subsections (c), (d), and (e) of this Section, |
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| 1 | | neither the Department nor the Department of Agriculture nor | 2 | | the health department of a unit of local government may | 3 | | regulate the transaction of food or drink by a cottage food | 4 | | operation providing that all of the following conditions are | 5 | | met: | 6 | | (1) (Blank). | 7 | | (1.5) A cottage food operation may produce homemade | 8 | | food and drink. However, a cottage food operation, unless | 9 | | properly licensed, certified, and compliant with all | 10 | | requirements to sell a listed food item under the laws and | 11 | | regulations pertinent to that food item, shall not sell or | 12 | | offer to sell the following food items or processed foods | 13 | | containing the following food items, except as indicated: | 14 | | (A) meat, poultry, fish, seafood, or shellfish; | 15 | | (B) dairy, except as an ingredient in a | 16 | | non-potentially hazardous baked good or candy, such as | 17 | | caramel; | 18 | | (C) eggs, except as an ingredient in a | 19 | | non-potentially hazardous baked good or in dry | 20 | | noodles; | 21 | | (D) pumpkin pies, sweet potato pies, cheesecakes, | 22 | | custard pies, creme pies, and pastries with | 23 | | potentially hazardous fillings or toppings; | 24 | | (E) garlic in oil; | 25 | | (F) canned foods, except for fruit jams, fruit | 26 | | jellies, fruit preserves, fruit butters, and acidified |
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| 1 | | vegetables; | 2 | | (G) sprouts; | 3 | | (H) cut leafy greens, except for leafy greens that | 4 | | are dehydrated or blanched and frozen; | 5 | | (I) cut fresh tomato or melon; | 6 | | (J) dehydrated tomato or melon; | 7 | | (K) frozen cut melon; | 8 | | (L) wild-harvested, non-cultivated mushrooms; or | 9 | | (M) alcoholic beverages. | 10 | | (2) The food is to be sold at a farmers' market, with | 11 | | the exception that cottage foods that have a locally grown | 12 | | agricultural product as the main ingredient may be sold on | 13 | | the farm where the agricultural product is grown or | 14 | | delivered directly to the consumer. | 15 | | (3) (Blank). | 16 | | (4) The food packaging conforms to the labeling | 17 | | requirements of the Illinois Food, Drug and Cosmetic Act | 18 | | and includes the following information on the label of each | 19 | | of its products: | 20 | | (A) the name and address of the cottage food | 21 | | operation; | 22 | | (B) the common or usual name of the food product; | 23 | | (C) all ingredients of the food product, including | 24 | | any colors, artificial flavors, and preservatives, | 25 | | listed in descending order by predominance of weight | 26 | | shown with common or usual names; |
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| 1 | | (D) the following phrase: "This product was | 2 | | produced in a home kitchen not subject to public health | 3 | | inspection that may also process common food | 4 | | allergens."; | 5 | | (E) the date the product was processed; and | 6 | | (F) allergen labeling as specified in federal | 7 | | labeling requirements. | 8 | | (5) The name and residence of the person preparing and | 9 | | selling products as a cottage food operation is registered | 10 | | with the health department of a unit of local government | 11 | | where the cottage food operation resides. No fees shall be | 12 | | charged for registration. Registration shall be for a | 13 | | minimum period of one year. | 14 | | (6) The person preparing or packaging products as a | 15 | | cottage food operation has a certified food protection | 16 | | manager certificate Department approved Food Service | 17 | | Sanitation Management Certificate . | 18 | | (7) At the point of sale a placard is displayed in a | 19 | | prominent location that states the following: "This | 20 | | product was produced in a home kitchen not subject to | 21 | | public health inspection that may also process common food | 22 | | allergens.". | 23 | | (c) Notwithstanding the provisions of subsection (b) of | 24 | | this Section, if the Department or the health department of a | 25 | | unit of local government has received a consumer complaint or | 26 | | has reason to believe that an imminent health hazard exists or |
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| 1 | | that a cottage food operation's product has been found to be | 2 | | misbranded, adulterated, or not in compliance with the | 3 | | exception for cottage food operations pursuant to this Section, | 4 | | then it may invoke cessation of sales of cottage food products | 5 | | until it deems that the situation has been addressed to the | 6 | | satisfaction of the Department. | 7 | | (d) Notwithstanding the provisions of subsection (b) of | 8 | | this Section, a State-certified local public health department | 9 | | may, upon providing a written statement to the Department, | 10 | | regulate the service of food by a cottage food operation. The | 11 | | regulation by a State-certified local public health department | 12 | | may include all of the following requirements: | 13 | | (1) That the cottage food operation (A) register with | 14 | | the State-certified local public health department, which | 15 | | shall be for a minimum of one year and include a reasonable | 16 | | fee set by the State-certified local public health | 17 | | department that is no greater than $25 notwithstanding | 18 | | paragraph (5) of subsection (b) of this Section and (B) | 19 | | agree in writing at the time of registration to grant | 20 | | access to the State-certified local public health | 21 | | department to conduct an inspection of the cottage food | 22 | | operation's primary domestic residence in the event of a | 23 | | consumer complaint or foodborne illness outbreak. | 24 | | (2) That in the event of a consumer complaint or | 25 | | foodborne illness outbreak the State-certified local | 26 | | public health department is allowed to (A) inspect the |
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| 1 | | premises of the cottage food operation in question and (B) | 2 | | set a reasonable fee for that inspection.
| 3 | | (e) The Department may adopt rules as may be necessary to | 4 | | implement the provisions of this Section. | 5 | | (Source: P.A. 99-191, eff. 1-1-16; 100-35, eff. 1-1-18 .)
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