103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3638
 
Introduced 2/17/2023, by Rep. Joyce Mason
 
SYNOPSIS AS INTRODUCED:
 

 
410 ILCS 625/3.08

     Amends the Food Handling Regulation Enforcement Act. Directs the operator of a restaurant to identify on the restaurants' menus those menu items that contain milk, eggs, wheat, fish, shellfish, peanuts, tree nuts, soy, or sesame. Provides that this information may be published on the restaurant's website if the restaurant has a website.
  


LRB103 30372 CPF 56802 b

 
 
A BILL FOR
 

  
HB3638LRB103 30372 CPF 56802 b


  
1    AN ACT concerning safety.
  
 
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 3.08 as follows:
 
6    (410 ILCS 625/3.08)
7    Sec. 3.08. Food allergy awareness.
8    (a) A restaurant shall display a notice indicating to 
9consumers that any information regarding food allergies must 
10be communicated to an employee of the restaurant.
11    (b) An employee of a restaurant who receives allergy 
12information from a consumer shall communicate the consumer's 
13information to the restaurant's person in charge or the 
14certified food protection manager on duty. 
15    (c) A restaurant meets the requirements of this Section if 
16the restaurant displays a notice regarding food allergies or 
17provides a statement regarding food allergies on its menu that 
18was approved in another state before the effective date of 
19this amendatory Act of the 101st General Assembly.
20    (d) A multi-state business or a franchisee, as that term 
21is defined in the Franchise Disclosure Act of 1987, meets the 
22requirements of this Section if the multi-state business or 
23franchisee has an internal policy that requires a notice 
 
 
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1regarding allergies to be displayed or a statement regarding 
2food allergies to be provided on the menu.
3    (e) On or before January 1, 2020, the Department of Public 
4Health shall create and make available on its website for 
5download the notice required to be displayed under subsection 
6(a) of this Section.
7    (f) From the effective date of this amendatory Act of the 
8101st General Assembly through July 1, 2020, enforcement of 
9this Section shall be limited to education and notification of 
10the requirements of this Section to encourage compliance.
11    (g) The operator of a restaurant shall identify on the 
12restaurants' menus those menu items that contain milk, eggs, 
13wheat, fish, shellfish, peanuts, tree nuts, soy, or sesame. 
14Provides that this information may be published on the 
15restaurant's website if the restaurant has a website. 

16(Source: P.A. 101-495, eff. 8-23-19.)