Illinois 2023-2024 Regular Session

Illinois House Bill HB5111 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5111 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 410 ILCS 625/3.07 Amends the Food Handling Regulation Enforcement Act. Provides that all food handlers employed by a restaurant, retail food establishment, nursing home, school, or day care center and certified food service sanitation managers employed by a restaurant, retail food establishment, nursing home, school, or day care center (instead of all certified food service sanitation managers employed by a restaurant) must receive or obtain training in basic allergen awareness principles within 30 days after employment and every 3 years thereafter. Defines "retail food establishment". LRB103 35430 RPS 65496 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5111 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: 410 ILCS 625/3.07 410 ILCS 625/3.07 Amends the Food Handling Regulation Enforcement Act. Provides that all food handlers employed by a restaurant, retail food establishment, nursing home, school, or day care center and certified food service sanitation managers employed by a restaurant, retail food establishment, nursing home, school, or day care center (instead of all certified food service sanitation managers employed by a restaurant) must receive or obtain training in basic allergen awareness principles within 30 days after employment and every 3 years thereafter. Defines "retail food establishment". LRB103 35430 RPS 65496 b LRB103 35430 RPS 65496 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5111 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
3	3	410 ILCS 625/3.07 410 ILCS 625/3.07
4	4	410 ILCS 625/3.07
5	5	Amends the Food Handling Regulation Enforcement Act. Provides that all food handlers employed by a restaurant, retail food establishment, nursing home, school, or day care center and certified food service sanitation managers employed by a restaurant, retail food establishment, nursing home, school, or day care center (instead of all certified food service sanitation managers employed by a restaurant) must receive or obtain training in basic allergen awareness principles within 30 days after employment and every 3 years thereafter. Defines "retail food establishment".
6	6	LRB103 35430 RPS 65496 b LRB103 35430 RPS 65496 b
7	7	LRB103 35430 RPS 65496 b
8	8	A BILL FOR
9	9	HB5111LRB103 35430 RPS 65496 b HB5111 LRB103 35430 RPS 65496 b
10	10	HB5111 LRB103 35430 RPS 65496 b
11	11	1 AN ACT concerning health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Food Handling Regulation Enforcement Act is
15	15	5 amended by changing Section 3.07 as follows:
16	16	6 (410 ILCS 625/3.07)
17	17	7 Sec. 3.07. Allergen awareness training.
18	18	8 (a) As used in this Section:
19	19	9 "Certified food service sanitation manager" means a food
20	20	10 service sanitation manager certified under Section 3 of this
21	21	11 Act.
22	22	12 "Major food allergen" includes milk, eggs, fish,
23	23	13 crustaceans, tree nuts, wheat, peanuts, soybeans, and food
24	24	14 ingredients that contain protein derived from these foods.
25	25	15 "Primarily engaged" means having sales of ready-to-eat
26	26	16 food for immediate consumption comprising at least 51% of the
27	27	17 total sales, excluding the sale of liquor.
28	28	18 "Restaurant" means any business that is primarily engaged
29	29	19 in the sale of ready-to-eat food for immediate consumption.
30	30	20 "Retail food establishment" means any business that sells
31	31	21 food directly to consumers, including, but not limited to,
32	32	22 restaurants, bakeries, grocery stores, and food trucks.
33	33	23 (b) Unless otherwise provided, all food handlers employed
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5111 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
38	38	410 ILCS 625/3.07 410 ILCS 625/3.07
39	39	410 ILCS 625/3.07
40	40	Amends the Food Handling Regulation Enforcement Act. Provides that all food handlers employed by a restaurant, retail food establishment, nursing home, school, or day care center and certified food service sanitation managers employed by a restaurant, retail food establishment, nursing home, school, or day care center (instead of all certified food service sanitation managers employed by a restaurant) must receive or obtain training in basic allergen awareness principles within 30 days after employment and every 3 years thereafter. Defines "retail food establishment".
41	41	LRB103 35430 RPS 65496 b LRB103 35430 RPS 65496 b
42	42	LRB103 35430 RPS 65496 b
43	43	A BILL FOR
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49	49	410 ILCS 625/3.07
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68	68	1 by a restaurant, retail food establishment, nursing home,
69	69	2 school, or day care center and certified food service
70	70	3 sanitation managers employed by a restaurant, retail food
71	71	4 establishment, nursing home, school, or day care center must
72	72	5 receive or obtain training in basic allergen awareness
73	73	6 principles within 30 days after employment and every 3 years
74	74	7 thereafter. Training programs must be accredited by the
75	75	8 American National Standards Institute or another reputable
76	76	9 accreditation agency under the ASTM International E2659-09
77	77	10 (Standard Practice for Certificate Programs). There is no
78	78	11 limit to how many times an employee may take the training.
79	79	12 (c) Allergen awareness training must cover and assess
80	80	13 knowledge of the following topics:
81	81	14 (1) the definition of a food allergy;
82	82	15 (2) the symptoms of an allergic reaction;
83	83	16 (3) the major food allergens;
84	84	17 (4) the dangers of allergens and how to prevent
85	85	18 cross-contact;
86	86	19 (5) the proper cleaning methods to prevent allergen
87	87	20 contamination;
88	88	21 (6) how and when to communicate to guests and staff
89	89	22 about allergens;
90	90	23 (7) the special considerations related to allergens
91	91	24 from workstations and self-serve areas;
92	92	25 (8) how to handle special dietary requests;
93	93	26 (9) dealing with emergencies, including allergic
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104	104	1 reactions;
105	105	2 (10) the importance of food labels;
106	106	3 (11) how to handle food deliveries in relation to
107	107	4 allergens;
108	108	5 (12) proper food preparation for guests with food
109	109	6 allergies; and
110	110	7 (13) cleaning and personal hygiene considerations to
111	111	8 prevent contaminating food with allergens.
112	112	9 (d) If an entity uses an allergen awareness training
113	113	10 program accredited by the American National Standards
114	114	11 Institute or another reputable accreditation agency under the
115	115	12 ASTM International E2659-09 (Standard Practice for Certificate
116	116	13 Programs), then that training program meets the requirements
117	117	14 of this Section. The training indicated in this subsection (d)
118	118	15 is transferable between employers, but not individuals.
119	119	16 (e) If a business with an internal training program
120	120	17 follows the guidelines in subsection (c), and is approved in
121	121	18 another state prior to the effective date of this amendatory
122	122	19 Act of the 100th General Assembly, then the business's
123	123	20 training program and assessment meets the requirements of the
124	124	21 Section. The training indicated in this subsection (e) is not
125	125	22 transferable between individuals or employers.
126	126	23 (f) The training program of any multi-state business with
127	127	24 a plan that follows the guidelines of subsection (c) meets the
128	128	25 requirements of this Section. The training indicated in this
129	129	26 subsection (f) is not transferable between individuals or
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140	140	1 employers.
141	141	2 (g) This Section does not apply to a multi-state business
142	142	3 or a franchisee, as defined in the Franchise Disclosure Act of
143	143	4 1987, that has a food handler training program that follows
144	144	5 the guidelines in subsection (d) of Section 3.06 of this Act;
145	145	6 an individual that receives food handler training in
146	146	7 accordance with the rules adopted under this Act; or a
147	147	8 Category II facility or Category III facility as defined under
148	148	9 77 Ill. Adm. Code 750.10.
149	149	10 (h) Any and all documents, materials, or information
150	150	11 related to a restaurant or business allergen awareness
151	151	12 training module is confidential and shall not be open to
152	152	13 public inspection or dissemination and is exempt from
153	153	14 disclosure under Section 7 of the Freedom of Information Act.
154	154	15 Training may be conducted by any means available, including,
155	155	16 but not limited to, online, computer, classroom, live
156	156	17 trainers, remote trainers, and food service sanitation
157	157	18 managers who have successfully completed an approved allergen
158	158	19 training. Nothing in this subsection (h) shall be construed to
159	159	20 require a proctor. Proof that a food service sanitation
160	160	21 manager has been trained must be available upon reasonable
161	161	22 request by a State or local health department inspector and
162	162	23 may be provided electronically.
163	163	24 (i) The regulation of allergen awareness training is
164	164	25 considered to be an exclusive function of the State, and local
165	165	26 regulation is prohibited. This subsection (i) is a denial and
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