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Sen. Heather A. Steans
Filed: 3/12/2015
| | 09900SB1800sam001 | | LRB099 09086 AWJ 32456 a |
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| 1 | | AMENDMENT TO SENATE BILL 1800
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1800 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Municipal Code is amended by |
| 5 | | changing Section 11-20-16 as follows:
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| 6 | | (65 ILCS 5/11-20-16) |
| 7 | | Sec. 11-20-16. Retail food establishments. |
| 8 | | (a) A municipality in a county having a population of |
| 9 | | 2,000,000 or more inhabitants must regulate and inspect retail |
| 10 | | food establishments in the municipality. A municipality must |
| 11 | | regulate and inspect retail food establishments in accordance |
| 12 | | with applicable federal and State laws pertaining to the |
| 13 | | operation of retail food establishments including but not |
| 14 | | limited to the Illinois Food Handling Regulation Enforcement |
| 15 | | Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary |
| 16 | | Food Preparation Act, the regulations of the Illinois |
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| | 09900SB1800sam001 | - 2 - | LRB099 09086 AWJ 32456 a |
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| 1 | | Department of Public Health, and local ordinances and |
| 2 | | regulations. This subsection shall not apply to a municipality |
| 3 | | that is served by a certified local health department other |
| 4 | | than a county certified local health department. |
| 5 | | A home rule unit may not regulate retail food |
| 6 | | establishments in a less restrictive manner than as provided in |
| 7 | | this Section. This Section is a limitation of home rule powers |
| 8 | | under subsection (i) of Section 6 of Article VII of the |
| 9 | | Illinois Constitution on the concurrent exercise by home rule |
| 10 | | units of the powers and functions exercised by the State. |
| 11 | | (b) A municipality may enter into an intergovernmental |
| 12 | | agreement with a county that provides for the county's |
| 13 | | certified local health department to perform any or all |
| 14 | | inspection functions for the municipality. The municipality |
| 15 | | must pay the county's reasonable costs. A municipality may |
| 16 | | enter into an intergovernmental agreement with a local health |
| 17 | | district, as defined in Section 11 of the Public Health |
| 18 | | District Act and that serves the entire municipality, to |
| 19 | | regulate and inspect retail food establishments for the |
| 20 | | municipality. An intergovernmental agreement shall not |
| 21 | | preclude a municipality or local health district from |
| 22 | | continuing to license retail food establishments within its |
| 23 | | jurisdiction. |
| 24 | | (b-5) Notwithstanding subsections (a) and (b) of this |
| 25 | | Section, a retail food establishment that presents a low |
| 26 | | relative risk of causing foodborne illness according to the |
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| | 09900SB1800sam001 | - 3 - | LRB099 09086 AWJ 32456 a |
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| 1 | | criteria set forth in 77 Ill. Adm. Code Part 615 and is located |
| 2 | | in a municipality having a population of 2,000,000 or more |
| 3 | | shall either (1) receive one inspection every 2 years; or (2) |
| 4 | | if required by the local health department, submit one |
| 5 | | self-inspection report every 2 years. A local health department |
| 6 | | under this subsection must develop the self-inspection form and |
| 7 | | submit it to the Department of Public Health for approval |
| 8 | | before it may be used. |
| 9 | | (c) For the purpose of this Section, "retail food |
| 10 | | establishment" includes a food service establishment, a |
| 11 | | temporary food service establishment, and a retail food store |
| 12 | | as defined in the Food Service Sanitation Code, 77 Ill. Adm. |
| 13 | | Code Part 750, and the Retail Food Store Sanitation Code, 77 |
| 14 | | Ill. Adm. Code Part 760.
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| 15 | | (Source: P.A. 98-193, eff. 8-6-13.)
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| 16 | | Section 99. Effective date. This Act takes effect upon |
| 17 | | becoming law.".
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