Public Act 099-0062
 
SB0046 EnrolledLRB099 00326 MGM 20332 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Food Handling Regulation Enforcement Act is
amended by changing Sections 3 and 3.06 as follows:
 
    (410 ILCS 625/3)  (from Ch. 56 1/2, par. 333)
    Sec. 3. Each food service establishment shall be under the
operational supervision of a certified food service sanitation
manager in accordance with rules promulgated under this Act.
    By July 1, 1990, the Director of the Department of Public
Health in accordance with this Act, shall promulgate rules for
the education, examination, and certification of food service
establishment managers and instructors of the food service
sanitation manager certification education programs. Beginning
July 1, 2014, any individual seeking a food service sanitation
manager certificate or a food service sanitation manager
instructor certificate must complete a minimum of 8 hours of
Department-approved training, inclusive of the examination,
and receive a passing score on the examination set by the
certification exam provider accredited under standards
developed and adopted by the Conference for Food Protection or
its successor organization. of at least 75% on the examination.
A food service sanitation manager certificate and a food
service sanitation manager instructor certificate shall be
valid for 5 years, unless revoked by the Department of Public
Health, and shall not be transferable from the individual to
whom it was issued. Beginning July 1, 2014, recertification for
food service sanitation manager certification shall be
accomplished by presenting evidence of completion of 8 hours of
Department-approved training, inclusive of the examination,
and having received a passing score on the examination set by
the certification exam provider accredited under standards
developed and adopted by the Conference for Food Protection or
its successor organization. of at least 75% on the examination.
    For purposes of certification and recertification for food
service sanitation manager certification, the Department shall
accept only training approved by the Department and
certification exams accredited under standards developed and
adopted by the Conference for Food Protection or its successor.
The Department shall charge a fee of $35 for each new and
renewed food service sanitation manager certificate and $10 for
each replacement certificate. All fees collected under this
Section shall be deposited into the Food and Drug Safety Fund.
    Any fee received by the Department under this Section that
is submitted for the renewal of an expired food service
sanitation manager certificate may be returned by the Director
after recording the receipt of the fee and the reason for its
return.
    The Department shall award an Illinois certificate to
anyone presenting a valid certificate issued by another state,
so long as the holder of the certificate provides proof of
having passed an examination accredited under standards
developed and adopted by the Conference for Food Protection or
its successor. The $35 issuance fee applies. The reciprocal
Illinois certificate shall expire on the same date as the
presented certificate. On or before the expiration date, the
holder must have met the Illinois recertification requirements
in order to be reissued an Illinois certificate. Reciprocity is
only for individuals who have moved to or begun working in
Illinois in the 6 months prior to applying for reciprocity. Any
individual presenting an out-of-state certificate may do so
only once.
(Source: P.A. 98-566, eff. 8-27-13.)
 
    (410 ILCS 625/3.06)
    Sec. 3.06. Food handler training; restaurants.
    (a) For the purpose of this Section, "restaurant" means any
business that is primarily engaged in the sale of ready-to-eat
food for immediate consumption. "Primarily engaged" means
having sales of ready-to-eat food for immediate consumption
comprising at least 51% of the total sales, excluding the sale
of liquor.
    (b) Unless otherwise provided, all food handlers employed
by a restaurant, other than someone holding a food service
sanitation manager certificate, must receive or obtain
American National Standards Institute-accredited training in
basic safe food handling principles within 30 days after
employment and every 3 years thereafter. Notwithstanding the
provisions of Section 3.05 of this Act, food handlers employed
in nursing homes, licensed day care homes and facilities,
hospitals, schools, and long-term care facilities must renew
their training every 3 years. There is no limit to how many
times an employee may take the training. The training indicated
in subsections (e) and (f) of this Section is transferable
between employers, but not individuals. The training indicated
in subsections (c) and (d) of this Section is not transferable
between individuals or employers. Proof that a food handler has
been trained must be available upon reasonable request by a
State or local health department inspector and may be provided
electronically.
    (c) If a business with an internal training program is
approved in another state prior to the effective date of this
amendatory Act of the 98th 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 said state.
    (d) The Department shall approve the training program of
any multi-state business with a plan that follows the
guidelines in subsection (b) of Section 3.05 of this Act and is
on file with the Department by March 31, 2015 May 15, 2013.
    (e) If an entity uses an American National Standards
Institute food handler training accredited program, that
training program shall be automatically approved by the
Department.
    (f) Certified local health departments in counties serving
jurisdictions with a population of 100,000 or less, as reported
by the U.S. Census Bureau in the 2010 Census of Population, may
have a training program. The training program must meet the
requirements of Section 3.05(b) and be approved by the
Department. This Section notwithstanding, certified local
health departments in the following counties may have a
training program:
        (1) a county with a population of 677,560 as reported
    by the U.S. Census Bureau in the 2010 Census of Population;
        (2) a county with a population of 308,760 as reported
    by the U.S. Census Bureau in the 2010 Census of Population;
        (3) a county with a population of 515,269 as reported
    by the U.S. Census Bureau in the 2010 Census of Population;
        (4) a county with a population of 114,736 as reported
    by the U.S. Census Bureau in the 2010 Census of Population;
        (5) a county with a population of 110,768 as reported
    by the U.S. Census Bureau in the 2010 Census of Population;
        (6) a county with a population of 135,394 as reported
    by the U.S. Census Bureau in the 2010 Census of Population.
    The certified local health departments in paragraphs (1)
through (6) of this subsection (f) must have their training
programs program on file with the Department no later than 90
days after the effective date of this Act. Any modules that
meet the requirements of subsection (b) of Section 3.05 of this
Act and are not approved within 180 days after the Department's
receipt of the application of the entity seeking to conduct the
training shall automatically be considered approved by the
Department.
    (g) Any and all documents, materials, or information
related to a restaurant or business food handler 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, on-line, computer, classroom,
live trainers, remote trainers, and certified food service
sanitation managers. There must be at least one commercially
available, approved food handler training module at a cost of
no more than $15 per employee; if an approved food handler
training module is not available at that cost, then the
provisions of this Section 3.06 shall not apply.
    (h) The regulation of food handler training is considered
to be an exclusive function of the State, and local regulation
is prohibited. This subsection (h) is a denial and limitation
of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
    (i) The provisions of this Section apply beginning July 1,
2014. From July 1, 2014 through December 31, 2014, enforcement
of the provisions of this Section shall be limited to education
and notification of requirements to encourage compliance.
(Source: P.A. 98-566, eff. 8-27-13; revised 12-10-14.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 07/16/2015