Illinois General Assembly - Full Text of Public Act 098-0193
Illinois General Assembly

Previous General Assemblies

Public Act 098-0193





Public Act 098-0193
HB1192 EnrolledLRB098 03003 OMW 33018 b

    AN ACT concerning local government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Municipal Code is amended by
changing Section 11-20-16 as follows:
    (65 ILCS 5/11-20-16)
    Sec. 11-20-16. Retail food establishments.
    (a) A municipality in a county having a population of
2,000,000 or more inhabitants must regulate and inspect retail
food establishments in the municipality. A municipality must
regulate and inspect retail food establishments in accordance
with applicable federal and State laws pertaining to the
operation of retail food establishments including but not
limited to the Illinois Food Handling Regulation Enforcement
Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary
Food Preparation Act, the regulations of the Illinois
Department of Public Health, and local ordinances and
regulations. This subsection shall not apply to a municipality
that is served by a certified local health department other
than a county certified local health department.
    A home rule unit may not regulate retail food
establishments in a less restrictive manner than as provided in
this Section. This Section is a limitation of home rule powers
under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule
units of the powers and functions exercised by the State.
    (b) A municipality may enter into an intergovernmental
agreement with a county that provides for the county's
certified local health department to perform any or all
inspection functions for the municipality. The municipality
must pay the county's reasonable costs. A municipality may
enter into an intergovernmental agreement with a local health
district, as defined in Section 11 of the Public Health
District Act and that serves the entire municipality, to
regulate and inspect retail food establishments for the
municipality. An intergovernmental agreement shall not
preclude a municipality or local health district from
continuing to license retail food establishments within its
    (c) For the purpose of this Section, "retail food
establishment" includes a food service establishment, a
temporary food service establishment, and a retail food store
as defined in the Food Service Sanitation Code, 77 Ill. Adm.
Code Part 750, and the Retail Food Store Sanitation Code, 77
Ill. Adm. Code Part 760.
(Source: P.A. 96-749, eff. 1-1-10; 96-1000, eff. 7-2-10.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/6/2013