Illinois General Assembly - Full Text of HB5111
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Full Text of HB5111  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/8/2024, by Rep. Daniel Didech


410 ILCS 625/3.07

    Amends the Food Handling Regulation Enforcement Act. Provides that all food handlers employed by a restaurant, retail food establishment, nursing home, school, or day care center and certified food service sanitation managers employed by a restaurant, retail food establishment, nursing home, school, or day care center (instead of all certified food service sanitation managers employed by a restaurant) must receive or obtain training in basic allergen awareness principles within 30 days after employment and every 3 years thereafter. Defines "retail food establishment".

LRB103 35430 RPS 65496 b





HB5111LRB103 35430 RPS 65496 b

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 Food Handling Regulation Enforcement Act is
5amended by changing Section 3.07 as follows:
6    (410 ILCS 625/3.07)
7    Sec. 3.07. Allergen awareness training.
8    (a) As used in this Section:
9    "Certified food service sanitation manager" means a food
10service sanitation manager certified under Section 3 of this
12    "Major food allergen" includes milk, eggs, fish,
13crustaceans, tree nuts, wheat, peanuts, soybeans, and food
14ingredients that contain protein derived from these foods.
15    "Primarily engaged" means having sales of ready-to-eat
16food for immediate consumption comprising at least 51% of the
17total sales, excluding the sale of liquor.
18    "Restaurant" means any business that is primarily engaged
19in the sale of ready-to-eat food for immediate consumption.
20    "Retail food establishment" means any business that sells
21food directly to consumers, including, but not limited to,
22restaurants, bakeries, grocery stores, and food trucks.
23    (b) Unless otherwise provided, all food handlers employed



HB5111- 2 -LRB103 35430 RPS 65496 b

1by a restaurant, retail food establishment, nursing home,
2school, or day care center and certified food service
3sanitation managers employed by a restaurant, retail food
4establishment, nursing home, school, or day care center must
5receive or obtain training in basic allergen awareness
6principles within 30 days after employment and every 3 years
7thereafter. Training programs must be accredited by the
8American National Standards Institute or another reputable
9accreditation agency under the ASTM International E2659-09
10(Standard Practice for Certificate Programs). There is no
11limit to how many times an employee may take the training.
12    (c) Allergen awareness training must cover and assess
13knowledge of the following topics:
14        (1) the definition of a food allergy;
15        (2) the symptoms of an allergic reaction;
16        (3) the major food allergens;
17        (4) the dangers of allergens and how to prevent
18    cross-contact;
19        (5) the proper cleaning methods to prevent allergen
20    contamination;
21        (6) how and when to communicate to guests and staff
22    about allergens;
23        (7) the special considerations related to allergens
24    from workstations and self-serve areas;
25        (8) how to handle special dietary requests;
26        (9) dealing with emergencies, including allergic



HB5111- 3 -LRB103 35430 RPS 65496 b

1    reactions;
2        (10) the importance of food labels;
3        (11) how to handle food deliveries in relation to
4    allergens;
5        (12) proper food preparation for guests with food
6    allergies; and
7        (13) cleaning and personal hygiene considerations to
8    prevent contaminating food with allergens.
9    (d) If an entity uses an allergen awareness training
10program accredited by the American National Standards
11Institute or another reputable accreditation agency under the
12ASTM International E2659-09 (Standard Practice for Certificate
13Programs), then that training program meets the requirements
14of this Section. The training indicated in this subsection (d)
15is transferable between employers, but not individuals.
16    (e) If a business with an internal training program
17follows the guidelines in subsection (c), and is approved in
18another state prior to the effective date of this amendatory
19Act of the 100th General Assembly, then the business's
20training program and assessment meets the requirements of the
21Section. The training indicated in this subsection (e) is not
22transferable between individuals or employers.
23    (f) The training program of any multi-state business with
24a plan that follows the guidelines of subsection (c) meets the
25requirements of this Section. The training indicated in this
26subsection (f) is not transferable between individuals or



HB5111- 4 -LRB103 35430 RPS 65496 b

2    (g) This Section does not apply to a multi-state business
3or a franchisee, as defined in the Franchise Disclosure Act of
41987, that has a food handler training program that follows
5the guidelines in subsection (d) of Section 3.06 of this Act;
6an individual that receives food handler training in
7accordance with the rules adopted under this Act; or a
8Category II facility or Category III facility as defined under
977 Ill. Adm. Code 750.10.
10    (h) Any and all documents, materials, or information
11related to a restaurant or business allergen awareness
12training module is confidential and shall not be open to
13public inspection or dissemination and is exempt from
14disclosure under Section 7 of the Freedom of Information Act.
15Training may be conducted by any means available, including,
16but not limited to, online, computer, classroom, live
17trainers, remote trainers, and food service sanitation
18managers who have successfully completed an approved allergen
19training. Nothing in this subsection (h) shall be construed to
20require a proctor. Proof that a food service sanitation
21manager has been trained must be available upon reasonable
22request by a State or local health department inspector and
23may be provided electronically.
24    (i) The regulation of allergen awareness training is
25considered to be an exclusive function of the State, and local
26regulation is prohibited. This subsection (i) is a denial and



HB5111- 5 -LRB103 35430 RPS 65496 b

1limitation of home rule powers and functions under subsection
2(h) of Section 6 of Article VII of the Illinois Constitution.
3    (j) The provisions of this Section apply beginning January
41, 2018. From January 1, 2018 through July 1, 2018,
5enforcement of the provisions of this Section shall be limited
6to education and notification of requirements to encourage
8(Source: P.A. 100-367, eff. 8-25-17.)