Full Text of HB2510 100th General Assembly
HB2510eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Food Handling Regulation Enforcement Act is | 5 | | amended by changing Section 3.06 and by adding Section 3.07 as | 6 | | follows: | 7 | | (410 ILCS 625/3.06) | 8 | | Sec. 3.06. Food handler training; restaurants. | 9 | | (a) For the purpose of this Section, "restaurant" means any | 10 | | business that is primarily engaged in the sale of ready-to-eat | 11 | | food for immediate consumption. "Primarily engaged" means | 12 | | having sales of ready-to-eat food for immediate consumption | 13 | | comprising at least 51% of the total sales, excluding the sale | 14 | | of liquor. | 15 | | (b) Unless otherwise provided, all food handlers employed | 16 | | by a restaurant, other than someone holding a food service | 17 | | sanitation manager certificate, must receive or obtain | 18 | | American National Standards Institute-accredited training in | 19 | | basic safe food handling principles within 30 days after | 20 | | employment and every 3 years thereafter. Notwithstanding the | 21 | | provisions of Section 3.05 of this Act, food handlers employed | 22 | | in nursing homes, licensed day care homes and facilities, | 23 | | hospitals, schools, and long-term care facilities must renew |
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| 1 | | their training every 3 years. There is no limit to how many | 2 | | times an employee may take the training. The training indicated | 3 | | in subsections (e) and (f) of this Section is transferable | 4 | | between employers, but not individuals. The training indicated | 5 | | in subsections (c) and (d) of this Section is not transferable | 6 | | between individuals or employers. Proof that a food handler has | 7 | | been trained must be available upon reasonable request by a | 8 | | State or local health department inspector and may be provided | 9 | | electronically. | 10 | | (c) If a business with an internal training program is | 11 | | approved in another state prior to the effective date of this | 12 | | amendatory Act of the 98th General Assembly, then the | 13 | | business's training program and assessment shall be | 14 | | automatically approved by the Department upon the business | 15 | | providing proof that the program is approved in said state. | 16 | | (d) The Department shall approve the training program of | 17 | | any multi-state business or a franchisee, as defined in the | 18 | | Franchise Disclosure Act of 1987, of any multi-state business | 19 | | with a plan that follows the guidelines in subsection (b) of | 20 | | Section 3.05 of this Act and is on file with the Department by | 21 | | August 1, 2017 March 31, 2015 . | 22 | | (e) If an entity uses an American National Standards | 23 | | Institute food handler training accredited program, that | 24 | | training program shall be automatically approved by the | 25 | | Department. | 26 | | (f) Certified local health departments in counties serving |
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| 1 | | jurisdictions with a population of 100,000 or less, as reported | 2 | | by the U.S. Census Bureau in the 2010 Census of Population, may | 3 | | have a training program. The training program must meet the | 4 | | requirements of Section 3.05(b) and be approved by the | 5 | | Department. This Section notwithstanding, certified local | 6 | | health departments in the following counties may have a | 7 | | training program: | 8 | | (1) a county with a population of 677,560 as reported | 9 | | by the U.S. Census Bureau in the 2010 Census of Population; | 10 | | (2) a county with a population of 308,760 as reported | 11 | | by the U.S. Census Bureau in the 2010 Census of Population; | 12 | | (3) a county with a population of 515,269 as reported | 13 | | by the U.S. Census Bureau in the 2010 Census of Population; | 14 | | (4) a county with a population of 114,736 as reported | 15 | | by the U.S. Census Bureau in the 2010 Census of Population; | 16 | | (5) a county with a population of 110,768 as reported | 17 | | by the U.S. Census Bureau in the 2010 Census of Population; | 18 | | (6) a county with a population of 135,394 as reported | 19 | | by the U.S. Census Bureau in the 2010 Census of Population. | 20 | | The certified local health departments in paragraphs (1) | 21 | | through (6) of this subsection (f) must have their training | 22 | | programs on file with the Department no later than 90 days | 23 | | after the effective date of this Act. Any modules that meet the | 24 | | requirements of subsection (b) of Section 3.05 of this Act and | 25 | | are not approved within 180 days after the Department's receipt | 26 | | of the application of the entity seeking to conduct the |
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| 1 | | training shall automatically be considered approved by the | 2 | | Department. | 3 | | (g) Any and all documents, materials, or information | 4 | | related to a restaurant or business food handler training | 5 | | module submitted to the Department is confidential and shall | 6 | | not be open to public inspection or dissemination and is exempt | 7 | | from disclosure under Section 7 of the Freedom of Information | 8 | | Act. Training may be conducted by any means available, | 9 | | including, but not limited to, on-line, computer, classroom, | 10 | | live trainers, remote trainers, and certified food service | 11 | | sanitation managers. There must be at least one commercially | 12 | | available, approved food handler training module at a cost of | 13 | | no more than $15 per employee; if an approved food handler | 14 | | training module is not available at that cost, then the | 15 | | provisions of this Section 3.06 shall not apply. | 16 | | (h) The regulation of food handler training is considered | 17 | | to be an exclusive function of the State, and local regulation | 18 | | is prohibited. This subsection (h) is a denial and limitation | 19 | | of home rule powers and functions under subsection (h) of | 20 | | Section 6 of Article VII of the Illinois Constitution. | 21 | | (i) The provisions of this Section apply beginning July 1, | 22 | | 2014. From July 1, 2014 through December 31, 2014, enforcement | 23 | | of the provisions of this Section shall be limited to education | 24 | | and notification of requirements to encourage compliance.
| 25 | | (Source: P.A. 98-566, eff. 8-27-13; 99-62, eff. 7-16-15; 99-78, | 26 | | eff. 7-20-15.) |
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| 1 | | (410 ILCS 625/3.07 new) | 2 | | Sec. 3.07. Allergen awareness training. | 3 | | (a) As used in this Section: | 4 | | "Certified food service sanitation manager" means a food | 5 | | service sanitation manager certified under Section 3 of this | 6 | | Act. | 7 | | "Major food allergen" includes milk, eggs, fish, | 8 | | crustaceans, tree nuts, wheat, peanuts, soybeans, and food | 9 | | ingredients that contain protein derived from these foods. | 10 | | "Primarily engaged" means having sales of ready-to-eat | 11 | | food for immediate consumption comprising at least 51% of the | 12 | | total sales, excluding the sale of liquor. | 13 | | "Restaurant" means any business that is primarily engaged | 14 | | in the sale of ready-to-eat food for immediate consumption. | 15 | | (b) Unless otherwise provided, all certified food service | 16 | | sanitation managers employed by a restaurant must receive or | 17 | | obtain training in basic allergen awareness principles within | 18 | | 30 days after employment and every 3 years thereafter. Training | 19 | | programs must be accredited by the American National Standards | 20 | | Institute or another reputable accreditation agency under the | 21 | | ASTM International E2659-09 (Standard Practice for Certificate | 22 | | Programs). There is no limit to how many times an employee may | 23 | | take the training. | 24 | | (c) Allergen awareness training must cover and assess | 25 | | knowledge of the following topics: |
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| 1 | | (1) the definition of a food allergy; | 2 | | (2) the symptoms of an allergic reaction; | 3 | | (3) the major food allergens; | 4 | | (4) the dangers of allergens and how to prevent | 5 | | cross-contact; | 6 | | (5) the proper cleaning methods to prevent allergen | 7 | | contamination; | 8 | | (6) how and when to communicate to guests and staff | 9 | | about allergens; | 10 | | (7) the special considerations related to allergens | 11 | | from workstations and self-serve areas; | 12 | | (8) how to handle special dietary requests; | 13 | | (9) dealing with emergencies, including allergic | 14 | | reactions; | 15 | | (10) the importance of food labels; | 16 | | (11) how to handle food deliveries in relation to | 17 | | allergens; | 18 | | (12) proper food preparation for guests with food | 19 | | allergies; and | 20 | | (13) cleaning and personal hygiene considerations to | 21 | | prevent contaminating food with allergens. | 22 | | (d) If an entity uses an allergen awareness training | 23 | | program accredited by the American National Standards | 24 | | Institute or another reputable accreditation agency under the | 25 | | ASTM International E2659-09 (Standard Practice for Certificate | 26 | | Programs), then that training program meets the requirements of |
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| 1 | | this Section. The training indicated in this subsection (d) is | 2 | | transferable between employers, but not individuals. | 3 | | (e) If a business with an internal training program follows | 4 | | the guidelines in subsection (c), and is approved in another | 5 | | state prior to the effective date of this amendatory Act of the | 6 | | 100th General Assembly, then the business's training program | 7 | | and assessment meets the requirements of the Section. The | 8 | | training indicated in this subsection (e) is not transferable | 9 | | between individuals or employers. | 10 | | (f) The training program of any multi-state business with a | 11 | | plan that follows the guidelines of subsection (c) meets the | 12 | | requirements of this Section. The training indicated in this | 13 | | subsection (f) is not transferable between individuals or | 14 | | employers. | 15 | | (g) This Section does not apply to a multi-state business | 16 | | or a franchisee, as defined in the Franchise Disclosure Act of | 17 | | 1987, that has a food handler training program that follows the | 18 | | guidelines in subsection (d) of Section 3.06 of this Act; an | 19 | | individual that receives food handler training in accordance | 20 | | with the rules adopted under this Act; or a Category II | 21 | | facility or Category III facility as defined under 77 Ill. Adm. | 22 | | Code 750.10. | 23 | | (h) Any and all documents, materials, or information | 24 | | related to a restaurant or business allergen awareness training | 25 | | module is confidential and shall not be open to public | 26 | | inspection or dissemination and is exempt from disclosure under |
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| 1 | | Section 7 of the Freedom of Information Act. Training may be | 2 | | conducted by any means available, including, but not limited | 3 | | to, online, computer, classroom, live trainers, remote | 4 | | trainers, and food service sanitation managers who have | 5 | | successfully completed an approved allergen training. Nothing | 6 | | in this subsection (h) shall be construed to require a proctor. | 7 | | Proof that a food service sanitation manager has been trained | 8 | | must be available upon reasonable request by a State or local | 9 | | health department inspector and may be provided | 10 | | electronically. | 11 | | (i) The regulation of allergen awareness training is | 12 | | considered to be an exclusive function of the State, and local | 13 | | regulation is prohibited. This subsection (i) is a denial and | 14 | | limitation of home rule powers and functions under subsection | 15 | | (h) of Section 6 of Article VII of the Illinois Constitution. | 16 | | (j) The provisions of this Section apply beginning January | 17 | | 1, 2018. From January 1, 2018 through July 1, 2018, enforcement | 18 | | of the provisions of this Section shall be limited to education | 19 | | and notification of requirements to encourage compliance.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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