Illinois General Assembly - Full Text of HB1372
Illinois General Assembly

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Full Text of HB1372  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Michelle Mussman


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.

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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Sanitary Food Preparation Act is amended by
5adding Section 13.1 as follows:
6    (410 ILCS 650/13.1 new)
7    Sec. 13.1. Indoor play areas.
8    (a) For the purposes of this Section:
9        "Clean" means free from sources of filth, including
10    dust and dirt and, by all reasonable means, all other
11    foreign or infectious contamination, and not deleterious
12    to health. "Clean" includes the absence of refuse, dirt,
13    filth, or waste products subject to decomposition.
14        "Elevated play component" means a play component that
15    is approached from above or below grade and that is part of
16    a composite play structure consisting of 2 or more play
17    components attached or functionally linked to create an
18    integrated unit providing more than one play space.
19        "Food establishment" means an operation that stores,
20    prepares, packages, serves, vends, or otherwise provides
21    food for human consumption at the retail level.
22        "Ground level play component" means a play component
23    that is approached and exited at the ground level.



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1        "Indoor play area" means any indoor play components
2    designed and constructed for children, including play
3    structures, ground level components, elevated play
4    components, and soft contained play equipment.
5        "Play area" means a portion of a site containing play
6    components designed and constructed for children.
7        "Play component" means an element intended to generate
8    specific opportunities for play, socialization, or
9    learning. Play components may be manufactured or natural
10    and may be stand alone or as part of a composite play
11    structure.
12        "Play structure" means any article that is used for
13    play, such as tunnels, slides, platforms, ladders, stairs,
14    steps, nets, ropes, inflatables, trampolines, webbing, and
15    accessories.
16        "Sanitize" means the application of cumulative heat or
17    chemicals on surfaces that when evaluated for efficacy is
18    sufficient to yield a reduction rate of 5 logs, which is
19    equal to 99.9999% reduction of representative disease
20    microorganisms of public health importance.
21        "Soft contained play equipment" means a play structure
22    made up of one or more components where the user enters a
23    fully enclosed play environment that utilizes pliable
24    materials, including, but not limited to, plastic,
25    netting, and fabric.
26    (b) All premises of a permitted food establishment,



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1including indoor play areas, shall be kept clean, fully
2operative, and in good repair.
3    (c) The owner or operator of a permitted food establishment
4with an indoor play area shall do all of the following:
5        (1) Meet the same standard of cleanliness that exists
6    for all other areas of the food facility, except food
7    handling and preparation areas.
8        (2) Display or provide upon request the permitted food
9    establishment's policy on maintenance of the play area and
10    the dates on which the play area was last inspected and
11    cleaned.
12        (3) Provide hand washing stations available for use by
13    the public in the establishment. The hand washing
14    facilities must be supplied with hot and cold water, hand
15    soap, and hand drying provisions.
16        (4) If hand washing facilities are not immediately
17    available in the play area, then a station or kiosk with
18    instant hand sanitizer must be provided in the indoor play
19    area.
20        (5) Clean all surfaces of the play area in which
21    children come into contact as needed, but no less than once
22    per day using an aqueous solution for sanitizing that
23    conforms to the manufacturers' guidelines.
24        (6) Adopt procedures for employees to follow when
25    responding to vomiting or diarrheal incidents that involve
26    the discharge of vomitus or fecal matter onto the surface



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1    or in the vicinity of the play area. The procedures must
2    address the specific actions employees must take to
3    minimize the contamination and the exposure of employees,
4    consumers, food, and surfaces to vomitus and fecal matter
5    and incorporate Section 2-501.11 of the Public Health
6    Reasons Annex in the recent supplement to the 2009 FDA Food
7    Code for specific direction.
8    (d) When vomiting or fecal accidents occur in or around the
9indoor play area, the following procedures must be followed:
10        (1) The indoor play area must be closed immediately.
11        (2) Disposable gloves must be worn during cleaning. A
12    disposable mask and cover gown or apron must be worn when
13    cleaning liquid material.
14        (3) The material must be wiped with towels and must be
15    disposed of in a plastic garbage bag.
16        (4) The affected area must be cleaned and sanitized
17    with a chlorine solution to eliminate viral organisms.
18        (5) The affected area must be allowed to air dry.
19        (6) The gloves and cover gown or apron must be
20    discarded in a plastic bag.
21    A permanent sign shall be posted that is clearly visible to
22the public from the indoor play area. The sign shall state that
23customers are prohibited from taking food into or eating food
24on play structures. The sign shall encourage patrons to use the
25hand sanitizer that is available in the indoor play area or
26wash their hands if a hand washing sink is present in the



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1indoor play area. The sign shall include contact information
2for the management of the food establishment or contact
3information for the local department of public health, or both.