HB2510ham001 100TH GENERAL ASSEMBLY

Rep. Sara Feigenholtz

Filed: 2/22/2017

10000HB2510ham001 LRB100 06003 MJP 21529 a

AMENDMENT TO HOUSE BILL 2510

AMENDMENT NO. ______. Amend House Bill 2510 by replacing everything after the enacting clause with the following:

"Section 5. The Food Handling Regulation Enforcement Act is amended by adding Section 3.07 as follows:

(410 ILCS 625/3.07 new)

Sec. 3.07. Allergen awareness training.

(a) As used in this Section:

"Major food allergen" includes milk, eggs, fish, crustaceans, tree nuts, wheat, peanuts, soybeans, and food ingredients that contain protein derived from these foods.

"Person in charge" means the individual present at a restaurant who is responsible for the operation while ready-to-eat food for immediate consumption is being prepared or sold to the public.

"Restaurant" means a business in which at least 51% of total sales consists of sales of ready-to-eat food for immediate consumption, excluding the sale of liquor.

(b) Unless otherwise provided, all persons in charge employed by a restaurant must receive or obtain training in basic allergen awareness principles within 30 days after employment and every 3 years thereafter. Training programs must be accredited by the American National Standards Institute or another reputable accreditation agency under the ASTM International E2659-09 (Standard Practice for Certificate Programs), or otherwise approved by the Department pursuant to this Section. There is no limit to how many times an employee may take the training.

(c) Allergen awareness training must cover and assess knowledge of the following topics:

(1) the definition of a food allergy;

(2) the symptoms of an allergic reaction;

(3) the major food allergens;

(4) the dangers of allergens and how to prevent cross-contact;

(5) the proper cleaning methods to prevent allergen contamination;

(6) how and when to communicate to guests and staff about allergens;

(7) the special considerations related to allergens for workstations and self-serve areas;

(8) how to handle special dietary requests;

(9) dealing with emergencies, including allergic reactions;

(10) the importance of food labels;

(11) how to handle food deliveries in relation to allergens;

(12) proper food preparation for guests with food allergies; and

(13) cleaning and personal hygiene considerations to prevent contaminating food with allergens.

(d) If an entity uses an allergen awareness training program accredited by the American National Standards Institute or another reputable accreditation agency under the ASTM International E2659-09 (Standard Practice for Certificate Programs), that training program shall be automatically approved by the Department. The training indicated in this subsection (d) is transferable between employers, but not individuals.

(e) If a business with an internal training program follows the guidelines in subsection (c), and is approved in another state prior to the effective date of this amendatory Act of the 100th General Assembly, then the business's training program and assessment shall be automatically approved by the Department upon the business providing proof that the program is approved in another state. The training indicated in this subsection (e) is not transferable between individuals or employers.

(f) The Department shall approve the training program of any multi-state business with a plan that follows the guidelines of subsection (c) and is on file with the Department by July 1, 2017. The training indicated in this subsection (f) is not transferable between individuals or employers.

(g) Any programs submitted under subsections (e) and (f) of this Section and not approved within 180 days after the Department's receipt of the business application shall automatically be considered approved.

(h) Any and all documents, materials, or information related to a restaurant or business allergen awareness training module submitted to the Department is confidential and shall not be open to public inspection or dissemination and is exempt from disclosure under Section 7 of the Freedom of Information Act. Training may be conducted by any means available, including, but not limited to, online, computer, classroom, live trainers, remote trainers, and persons in charge who have successfully completed an approved allergen training. Nothing in this subsection (h) shall be construed to require a proctor. Proof that a person in charge has been trained must be available upon reasonable request by a State or local health department inspector and may be provided electronically.

(i) The regulation of allergen awareness training is considered to be an exclusive function of the State, and local regulation is prohibited. This subsection (i) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(j) The provisions of this Section apply beginning January 1, 2018. From January 1, 2018 through July 1, 2018, enforcement of the provisions of this Section shall be limited to education and notification of requirements to encourage compliance.

Section 99. Effective date. This Act takes effect upon becoming law.".