Bill Text: IL HB2510 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Food Handling Regulation Enforcement Act. Provides that all food service establishments shall have at least one certified food service sanitation manager who has undergone training that follows nationally recognized industry standards for allergen safety and allergen awareness available on the premises at all times that the food service establishment is in operation. Provides that all individuals seeking food service sanitation manager certification or food service sanitation manager recertification shall undergo training that follows nationally recognized industry standards for allergen safety and allergen awareness. Provides that any costs for the allergen safety and allergen awareness training shall be borne by the individual seeking the training. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2017-05-22 - Assigned to Executive [HB2510 Detail]

Download: Illinois-2017-HB2510-Engrossed.html



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1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Food Handling Regulation Enforcement Act is
5amended by changing Section 3.06 and by adding Section 3.07 as
6follows:
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
10business that is primarily engaged in the sale of ready-to-eat
11food for immediate consumption. "Primarily engaged" means
12having sales of ready-to-eat food for immediate consumption
13comprising at least 51% of the total sales, excluding the sale
14of liquor.
15 (b) Unless otherwise provided, all food handlers employed
16by a restaurant, other than someone holding a food service
17sanitation manager certificate, must receive or obtain
18American National Standards Institute-accredited training in
19basic safe food handling principles within 30 days after
20employment and every 3 years thereafter. Notwithstanding the
21provisions of Section 3.05 of this Act, food handlers employed
22in nursing homes, licensed day care homes and facilities,
23hospitals, schools, and long-term care facilities must renew

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1their training every 3 years. There is no limit to how many
2times an employee may take the training. The training indicated
3in subsections (e) and (f) of this Section is transferable
4between employers, but not individuals. The training indicated
5in subsections (c) and (d) of this Section is not transferable
6between individuals or employers. Proof that a food handler has
7been trained must be available upon reasonable request by a
8State or local health department inspector and may be provided
9electronically.
10 (c) If a business with an internal training program is
11approved in another state prior to the effective date of this
12amendatory Act of the 98th General Assembly, then the
13business's training program and assessment shall be
14automatically approved by the Department upon the business
15providing proof that the program is approved in said state.
16 (d) The Department shall approve the training program of
17any multi-state business or a franchisee, as defined in the
18Franchise Disclosure Act of 1987, of any multi-state business
19with a plan that follows the guidelines in subsection (b) of
20Section 3.05 of this Act and is on file with the Department by
21August 1, 2017 March 31, 2015.
22 (e) If an entity uses an American National Standards
23Institute food handler training accredited program, that
24training program shall be automatically approved by the
25Department.
26 (f) Certified local health departments in counties serving

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1jurisdictions with a population of 100,000 or less, as reported
2by the U.S. Census Bureau in the 2010 Census of Population, may
3have a training program. The training program must meet the
4requirements of Section 3.05(b) and be approved by the
5Department. This Section notwithstanding, certified local
6health departments in the following counties may have a
7training 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)
21through (6) of this subsection (f) must have their training
22programs on file with the Department no later than 90 days
23after the effective date of this Act. Any modules that meet the
24requirements of subsection (b) of Section 3.05 of this Act and
25are not approved within 180 days after the Department's receipt
26of the application of the entity seeking to conduct the

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1training shall automatically be considered approved by the
2Department.
3 (g) Any and all documents, materials, or information
4related to a restaurant or business food handler training
5module submitted to the Department is confidential and shall
6not be open to public inspection or dissemination and is exempt
7from disclosure under Section 7 of the Freedom of Information
8Act. Training may be conducted by any means available,
9including, but not limited to, on-line, computer, classroom,
10live trainers, remote trainers, and certified food service
11sanitation managers. There must be at least one commercially
12available, approved food handler training module at a cost of
13no more than $15 per employee; if an approved food handler
14training module is not available at that cost, then the
15provisions of this Section 3.06 shall not apply.
16 (h) The regulation of food handler training is considered
17to be an exclusive function of the State, and local regulation
18is prohibited. This subsection (h) is a denial and limitation
19of home rule powers and functions under subsection (h) of
20Section 6 of Article VII of the Illinois Constitution.
21 (i) The provisions of this Section apply beginning July 1,
222014. From July 1, 2014 through December 31, 2014, enforcement
23of the provisions of this Section shall be limited to education
24and notification of requirements to encourage compliance.
25(Source: P.A. 98-566, eff. 8-27-13; 99-62, eff. 7-16-15; 99-78,
26eff. 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
5service sanitation manager certified under Section 3 of this
6Act.
7 "Major food allergen" includes milk, eggs, fish,
8crustaceans, tree nuts, wheat, peanuts, soybeans, and food
9ingredients that contain protein derived from these foods.
10 "Primarily engaged" means having sales of ready-to-eat
11food for immediate consumption comprising at least 51% of the
12total sales, excluding the sale of liquor.
13 "Restaurant" means any business that is primarily engaged
14in the sale of ready-to-eat food for immediate consumption.
15 (b) Unless otherwise provided, all certified food service
16sanitation managers employed by a restaurant must receive or
17obtain training in basic allergen awareness principles within
1830 days after employment and every 3 years thereafter. Training
19programs must be accredited by the American National Standards
20Institute or another reputable accreditation agency under the
21ASTM International E2659-09 (Standard Practice for Certificate
22Programs). There is no limit to how many times an employee may
23take the training.
24 (c) Allergen awareness training must cover and assess
25knowledge 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
23program accredited by the American National Standards
24Institute or another reputable accreditation agency under the
25ASTM International E2659-09 (Standard Practice for Certificate
26Programs), then that training program meets the requirements of

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1this Section. The training indicated in this subsection (d) is
2transferable between employers, but not individuals.
3 (e) If a business with an internal training program follows
4the guidelines in subsection (c), and is approved in another
5state prior to the effective date of this amendatory Act of the
6100th General Assembly, then the business's training program
7and assessment meets the requirements of the Section. The
8training indicated in this subsection (e) is not transferable
9between individuals or employers.
10 (f) The training program of any multi-state business with a
11plan that follows the guidelines of subsection (c) meets the
12requirements of this Section. The training indicated in this
13subsection (f) is not transferable between individuals or
14employers.
15 (g) This Section does not apply to a multi-state business
16or a franchisee, as defined in the Franchise Disclosure Act of
171987, that has a food handler training program that follows the
18guidelines in subsection (d) of Section 3.06 of this Act; an
19individual that receives food handler training in accordance
20with the rules adopted under this Act; or a Category II
21facility or Category III facility as defined under 77 Ill. Adm.
22Code 750.10.
23 (h) Any and all documents, materials, or information
24related to a restaurant or business allergen awareness training
25module is confidential and shall not be open to public
26inspection or dissemination and is exempt from disclosure under

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1Section 7 of the Freedom of Information Act. Training may be
2conducted by any means available, including, but not limited
3to, online, computer, classroom, live trainers, remote
4trainers, and food service sanitation managers who have
5successfully completed an approved allergen training. Nothing
6in this subsection (h) shall be construed to require a proctor.
7Proof that a food service sanitation manager has been trained
8must be available upon reasonable request by a State or local
9health department inspector and may be provided
10electronically.
11 (i) The regulation of allergen awareness training is
12considered to be an exclusive function of the State, and local
13regulation is prohibited. This subsection (i) is a denial and
14limitation 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
171, 2018. From January 1, 2018 through July 1, 2018, enforcement
18of the provisions of this Section shall be limited to education
19and notification of requirements to encourage compliance.
20 Section 99. Effective date. This Act takes effect upon
21becoming law.
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