HB2935 98TH GENERAL ASSEMBLY

LRB098 08186 RPM 38284 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2935

Introduced , by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

410 ILCS 650/13.1 new

Amends the Sanitary Food Preparation Act. Requires that all premises of a permitted food establishment, including indoor play areas, be kept clean, fully operative, and in good repair. Sets forth specific requirements for an owner or operator of a permitted food establishment with an indoor play area. Sets forth mandatory procedures for when vomiting or fecal accidents occur in or around an indoor play area. Sets forth provisions concerning signage.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Sanitary Food Preparation Act is amended by adding Section 14 as follows:

(410 ILCS 650/13.1 new)

Sec. 13.1. Indoor play areas.

(a) For the purposes of this Section:

"Clean" means free from sources of filth, including dust and dirt and, by all reasonable means, all other foreign or infectious contamination, and not deleterious to health. "Clean" includes the absence of refuse, dirt, filth, or waste products subject to decomposition.

"Elevated play component" means a play component that is approached from above or below grade and that is part of a composite play structure consisting of 2 or more play components attached or functionally linked to create an integrated unit providing more than one play space.

"Food establishment" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.

"Ground level play component" means a play component that is approached and exited at the ground level.

"Indoor play area" means any indoor play components designed and constructed for children, including play structures, ground level components, elevated play components, and soft contained play equipment.

"Play area" means a portion of a site containing play components designed and constructed for children.

"Play component" means an element intended to generate specific opportunities for play, socialization, or learning. Play components may be manufactured or natural and may be stand alone or as part of a composite play structure.

"Play structure" means any article that is used for play, such as tunnels, slides, platforms, ladders, stairs, steps, nets, ropes, inflatables, trampolines, webbing, and accessories.

"Sanitize" means the application of cumulative heat or chemicals on surfaces that when evaluated for efficacy is sufficient to yield a reduction rate of 5 logs, which is equal to 99.9999% reduction of representative disease microorganisms of public health importance.

"Soft contained play equipment" means a play structure made up of one or more components where the user enters a fully enclosed play environment that utilizes pliable materials, including, but not limited to, plastic, netting, and fabric.

(b) All premises of a permitted food establishment, including indoor play areas, shall be kept clean, fully operative, and in good repair.

(c) The owner or operator of a permitted food establishment with an indoor play area shall do all of the following:

(1) Meet the same standard of cleanliness that exists for all other areas of the food facility, except food handling and preparation areas.

(2) Display or provide upon request the permitted food establishment's policy on maintenance of the play area and the dates on which the play area was last inspected and cleaned.

(3) Provide hand washing stations available for use by the public in the establishment. The hand washing facilities must be supplied with hot and cold water, hand soap, and hand drying provisions.

(4) If hand washing facilities are not immediately available in the play area, then a station or kiosk with instant hand sanitizer must be provided in the indoor play area.

(5) Clean all surfaces of the play area in which children come into contact as needed, but no less than once per day using an aqueous solution for sanitizing that conforms to the manufactures' guidelines.

(6) Adopt procedures for employees to follow when responding to vomiting or diarrheal incidents that involve the discharge of vomitus or fecal matter onto the surface or in the vicinity of the play area. The procedures must address the specific actions employees must take to minimize the contamination and the exposure of employees, consumers, food, and surfaces to vomitus and fecal matter and incorporate Section 2-501.11 of the Public Health Reasons Annex in the recent supplement to the 2009 FDA Food Code for specific direction.

(d) When vomiting or fecal accidents occur in or around the indoor play area, the following procedures must be followed:

(1) The indoor play area must be closed immediately.

(2) Disposable gloves must be worn during cleaning. A disposable mask and cover gown or apron must be worn when cleaning liquid material.

(3) The material must be wiped with towels and must be disposed of in a plastic garbage bag.

(4) The affected area must be cleaned and sanitized with a chlorine solution to eliminate viral organisms.

(5) The affected area must be allowed to air dry.

(6) The gloves and cover gown or apron must be discarded in a plastic bag.

A permanent sign shall be posted that is clearly visible to the public from the indoor play area. The sign shall state that customers are prohibited from taking food into or eating food on play structures. The sign shall encourage patrons to use the hand sanitizer that is available in the indoor play area or wash their hands if a hand washing sink is present in the indoor play area. The sign shall include contact information for the management of the food establishment or contact information for the local department of public health, or both.