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Public Act 099-0062 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Food Handling Regulation Enforcement Act is | ||||
amended by changing Sections 3 and 3.06 as follows:
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(410 ILCS 625/3) (from Ch. 56 1/2, par. 333)
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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.
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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
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sanitation manager certification education programs. Beginning | ||||
July 1, 2014, any individual seeking a food service sanitation | ||||
manager certificate or a food service sanitation manager
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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.
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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.
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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.
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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.
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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.)
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(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.
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(Source: P.A. 98-566, eff. 8-27-13; revised 12-10-14.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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