HB3638 103RD GENERAL ASSEMBLY

LRB103 30372 CPF 56802 b

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.

A BILL FOR

AN ACT concerning safety.

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

Section 5. The Food Handling Regulation Enforcement Act is amended by changing Section 3.08 as follows:

(410 ILCS 625/3.08)

Sec. 3.08. Food allergy awareness.

(a) A restaurant shall display a notice indicating to consumers that any information regarding food allergies must be communicated to an employee of the restaurant.

(b) An employee of a restaurant who receives allergy information from a consumer shall communicate the consumer's information to the restaurant's person in charge or the certified food protection manager on duty.

(c) A restaurant meets the requirements of this Section if the restaurant displays a notice regarding food allergies or provides a statement regarding food allergies on its menu that was approved in another state before the effective date of this amendatory Act of the 101st General Assembly.

(d) A multi-state business or a franchisee, as that term is defined in the Franchise Disclosure Act of 1987, meets the requirements of this Section if the multi-state business or franchisee has an internal policy that requires a notice regarding allergies to be displayed or a statement regarding food allergies to be provided on the menu.

(e) On or before January 1, 2020, the Department of Public Health shall create and make available on its website for download the notice required to be displayed under subsection (a) of this Section.

(f) From the effective date of this amendatory Act of the 101st General Assembly through July 1, 2020, enforcement of this Section shall be limited to education and notification of the requirements of this Section to encourage compliance.

(g) The operator of a restaurant shall 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.

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