Full Text of SB2961 97th General Assembly
SB2961sam001 97TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 2/28/2012
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| 1 | | AMENDMENT TO SENATE BILL 2961
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2961 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Food Handling Regulation Enforcement Act is | 5 | | amended by changing Section 3 and by adding Section 3.05 as | 6 | | follows:
| 7 | | (410 ILCS 625/3) (from Ch. 56 1/2, par. 333)
| 8 | | Sec. 3.
Each food service establishment shall be under the | 9 | | operational
supervision of a certified food service sanitation | 10 | | manager in accordance
with rules promulgated under this Act.
| 11 | | By July 1, 1990, the Director of the Department of Public | 12 | | Health in
accordance with this Act, shall
promulgate rules for | 13 | | the education, examination, and certification of food
service | 14 | | establishment managers and instructors of the food service
| 15 | | sanitation manager certification education programs. Beginning | 16 | | July 1, 2013, any individual seeking a food service sanitation |
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| 1 | | manager certificate or a food service sanitation manager
| 2 | | instructor certificate must complete a minimum of 8 hours of | 3 | | Department-approved training, inclusive of the examination, | 4 | | and receive a score of at least 75% on the examination. A food | 5 | | service
sanitation manager certificate and a food service | 6 | | sanitation manager
instructor certificate shall be valid for 5 | 7 | | years, unless revoked by the
Department of Public Health, and | 8 | | shall not be transferable from the
individual to whom it was | 9 | | issued. Beginning July 1, 2013, recertification for food | 10 | | service sanitation manager certification Recertification shall | 11 | | be accomplished by
presenting evidence of completion of 8 hours | 12 | | of Department-approved training, inclusive of the examination, | 13 | | and having received a score of at least 75% on the examination | 14 | | ongoing food safety and food sanitation education or
| 15 | | re-examination, in compliance with rules promulgated by the | 16 | | Director . Existing
certificates shall expire on the printed | 17 | | expiration date or 5 years from
the effective date of this | 18 | | amendatory Act of 1989.
| 19 | | For purposes of certification and recertification for food | 20 | | service sanitation manager certification, the Department shall | 21 | | accept only Department-approved training and exams recognized | 22 | | by the American National Standards Institute (ANSI), | 23 | | Conference for Food Protection, or their successors. Any | 24 | | individual may elect to take the Department of Public Health | 25 | | food
service sanitation manager certification examination
or | 26 | | take an examination
administered by a testing authority |
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| 1 | | previously approved by the Department.
The Department shall | 2 | | charge
a fee of $35 for each new and renewed food service | 3 | | sanitation manager
certificate and $10 for each replacement | 4 | | certificate.
All fees collected
under this Section shall be | 5 | | deposited into the Food and Drug Safety Fund.
| 6 | | Any
fee received by the Department under this Section that | 7 | | is submitted for the
renewal of an expired food service | 8 | | sanitation manager certificate may be
returned by the Director | 9 | | after recording the receipt of the fee and the reason
for its | 10 | | return.
| 11 | | The Department shall award an Illinois certificate to | 12 | | anyone presenting a valid certificate issued by another state, | 13 | | so long as the holder of the certificate has passed a | 14 | | Conference for Food Protection-approved examination, or proof | 15 | | of having passed a Conference for Food Protection-approved | 16 | | examination. The $35 issuance fee applies. The reciprocal | 17 | | Illinois certificate shall expire on the same date as the | 18 | | presented certificate. On or before the expiration date, the | 19 | | holder must have met the Illinois recertification requirements | 20 | | in order to be reissued an Illinois certificate. Reciprocity is | 21 | | only for individuals who have moved to or begun working in | 22 | | Illinois in the 6 months prior to applying for reciprocity. Any | 23 | | individual presenting an out-of-state certificate may do so | 24 | | only once. | 25 | | (Source: P.A. 89-641, eff. 8-9-96.)
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| 1 | | (410 ILCS 625/3.05 new) | 2 | | Sec. 3.05. Food handler training. | 3 | | (a) All food handlers, other than someone holding a food | 4 | | service sanitation manager certificate, must receive training | 5 | | in basic safe food handling principles as outlined in | 6 | | subsection (b) of this Section within 30 days after employment. | 7 | | There is no limit to how many times an employee may take the | 8 | | training. Training is not transferable between individuals or | 9 | | employers. Proof that a food handler has been trained must be | 10 | | available upon reasonable request by a State or local health | 11 | | department inspector. | 12 | | (b) Food handler training must cover and assess knowledge | 13 | | of the following topics: | 14 | | (1) The relationship between time and temperature with | 15 | | respect to foodborne illness, including the relationship | 16 | | between time and temperature and micro-organisms during | 17 | | the various food handling preparation and serving states, | 18 | | and the type, calibration, and use of thermometers in | 19 | | monitoring food temperatures. | 20 | | (2) The relationship between personal hygiene and food | 21 | | safety, including the association of hand contact, | 22 | | personal habits and behaviors, and the food handler's | 23 | | health to foodborne illness, and the recognition of how | 24 | | policies, procedures, and management contribute to | 25 | | improved food safety practices. | 26 | | (3) Methods of preventing food contamination in all |
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| 1 | | stages of food handling, including terms associated with | 2 | | contamination and potential hazards prior to, during, and | 3 | | after delivery. | 4 | | (4) Procedures for cleaning and sanitizing equipment | 5 | | and utensils. | 6 | | (5) Problems and potential solutions associated with | 7 | | temperature control, preventing cross-contamination, | 8 | | housekeeping, and maintenance. | 9 | | (c) Training modules must be approved by the Department. | 10 | | Any modules not approved within 90 days after the Department's | 11 | | receipt of the business application shall automatically be | 12 | | considered approved. If a training module has been approved in | 13 | | another state, then it shall automatically be considered | 14 | | approved in Illinois so long as the business provides proof | 15 | | that the training has been approved in another state. Training | 16 | | may be conducted by any means available, including, but not | 17 | | limited to, on-line, computer, classroom, live trainers, | 18 | | remote trainers, and food service sanitation manager | 19 | | instructors. Nothing in this subsection (c) shall be construed | 20 | | to require a proctor. There should be at least one commercially | 21 | | available, approved food handler training module at a cost of | 22 | | no more than $15 per employee; if an approved food handler | 23 | | training module is not available at that cost, then the | 24 | | provisions of this Section 3.05 shall not apply. | 25 | | (d) Food handler training is considered to be an exclusive | 26 | | function of the State, and local programs are prohibited. This |
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| 1 | | subsection (d) is a denial and
limitation of home rule powers | 2 | | and functions under
subsection (h) of Section 6 of Article VII | 3 | | of the
Illinois Constitution. | 4 | | (e) The provisions of this Section apply beginning July 1, | 5 | | 2015. From July 1, 2015 through December 31, 2015, enforcement | 6 | | of the provisions of this Section shall be limited to education | 7 | | and notification of requirements to encourage compliance.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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