Rep. Sara Feigenholtz

Filed: 2/22/2017





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2    AMENDMENT NO. ______. Amend House Bill 2510 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Food Handling Regulation Enforcement Act is
5amended by adding Section 3.07 as follows:
6    (410 ILCS 625/3.07 new)
7    Sec. 3.07. Allergen awareness training.
8    (a) As used in this Section:
9    "Major food allergen" includes milk, eggs, fish,
10crustaceans, tree nuts, wheat, peanuts, soybeans, and food
11ingredients that contain protein derived from these foods.
12    "Person in charge" means the individual present at a
13restaurant who is responsible for the operation while
14ready-to-eat food for immediate consumption is being prepared
15or sold to the public.
16    "Restaurant" means a business in which at least 51% of



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1total sales consists of sales of ready-to-eat food for
2immediate consumption, excluding the sale of liquor.
3    (b) Unless otherwise provided, all persons in charge
4employed by a restaurant must receive or obtain training in
5basic allergen awareness principles within 30 days after
6employment and every 3 years thereafter. Training programs must
7be accredited by the American National Standards Institute or
8another reputable accreditation agency under the ASTM
9International E2659-09 (Standard Practice for Certificate
10Programs), or otherwise approved by the Department pursuant to
11this Section. There is no limit to how many times an employee
12may take the training.
13    (c) Allergen awareness training must cover and assess
14knowledge of the following topics:
15        (1) the definition of a food allergy;
16        (2) the symptoms of an allergic reaction;
17        (3) the major food allergens;
18        (4) the dangers of allergens and how to prevent
19    cross-contact;
20        (5) the proper cleaning methods to prevent allergen
21    contamination;
22        (6) how and when to communicate to guests and staff
23    about allergens;
24        (7) the special considerations related to allergens
25    for workstations and self-serve areas;
26        (8) how to handle special dietary requests;



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1        (9) dealing with emergencies, including allergic
2    reactions;
3        (10) the importance of food labels;
4        (11) how to handle food deliveries in relation to
5    allergens;
6        (12) proper food preparation for guests with food
7    allergies; and
8        (13) cleaning and personal hygiene considerations to
9    prevent contaminating food with allergens.
10    (d) If an entity uses an allergen awareness training
11program accredited by the American National Standards
12Institute or another reputable accreditation agency under the
13ASTM International E2659-09 (Standard Practice for Certificate
14Programs), that training program shall be automatically
15approved by the Department. The training indicated in this
16subsection (d) is transferable between employers, but not
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 shall be automatically approved by the
23Department upon the business providing proof that the program
24is approved in another state. The training indicated in this
25subsection (e) is not transferable between individuals or



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1    (f) The Department shall approve the training program of
2any multi-state business with a plan that follows the
3guidelines of subsection (c) and is on file with the Department
4by July 1, 2017. The training indicated in this subsection (f)
5is not transferable between individuals or employers.
6    (g) Any programs submitted under subsections (e) and (f) of
7this Section and not approved within 180 days after the
8Department's receipt of the business application shall
9automatically be considered approved.
10    (h) Any and all documents, materials, or information
11related to a restaurant or business allergen awareness training
12module submitted to the Department is confidential and shall
13not be open to public inspection or dissemination and is exempt
14from disclosure under Section 7 of the Freedom of Information
15Act. Training may be conducted by any means available,
16including, but not limited to, online, computer, classroom,
17live trainers, remote trainers, and persons in charge who have
18successfully completed an approved allergen training. Nothing
19in this subsection (h) shall be construed to require a proctor.
20Proof that a person in charge has been trained must be
21available upon reasonable request by a State or local health
22department inspector and may be provided electronically.
23    (i) The regulation of allergen awareness training is
24considered to be an exclusive function of the State, and local
25regulation is prohibited. This subsection (i) is a denial and
26limitation of home rule powers and functions under subsection



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1(h) of Section 6 of Article VII of the Illinois Constitution.
2    (j) The provisions of this Section apply beginning January
31, 2018. From January 1, 2018 through July 1, 2018, enforcement
4of the provisions of this Section shall be limited to education
5and notification of requirements to encourage compliance.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".