Illinois Chapter 410 Public Health
410 ILCS 625/ Food Handling Regulation Enforcement Act.
(410 ILCS 625/0.01) (from Ch. 56 1/2, par. 330)
Sec. 0.01.
Short title.
This Act may be cited as the
Food Handling Regulation Enforcement Act.
(Source: P.A. 86‑1324.)
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(410 ILCS 625/1) (from Ch. 56 1/2, par. 331)
Sec. 1.
Any business establishment dealing in the sale of food items
which does not comply with existing state laws relating to food handling
or does not comply with the health and food handling regulations of any
local governmental unit having jurisdiction of such establishment may be
enjoined from doing business in the following manner: the Department of
Public Health of the State of Illinois or local departments of health
may seek an injunction in the
circuit court for the county in which such establishment is located.
Such injunction, if granted, shall prohibit such business establishment
from selling food items until it complies with any applicable state laws
or regulations of a local governmental agency. However, no injunction
may be sought or granted before July 1, 1980, to enforce any rule or regulation
requiring a food service establishment to have one or more persons who are
certified in food service sanitation.
The local department of health shall file a written report with the Illinois
Department of Public Health within 10 days after seeking an injunction against
a business establishment dealing in the sale of food items.
(Source: P.A. 80‑1295.)
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(410 ILCS 625/2) (from Ch. 56 1/2, par. 332)
Sec. 2.
Nothing in this Act shall be construed as limiting or
changing any other penalties which any such business establishment may
incur under any other law or local ordinance or resolution.
(Source: Laws 1963, p. 3471.)
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(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. 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. Recertification shall be accomplished by
presenting evidence of ongoing food safety and food sanitation education or
re‑examination, in compliance with rules promulgated by the Director. Existing
certificates shall expire on the printed expiration date or 5 years from
the effective date of this amendatory Act of 1989.
Any individual may elect to take the Department of Public Health food
service sanitation manager certification examination
or take an examination
administered by a testing authority previously approved by the Department.
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.
(Source: P.A. 89‑641, eff. 8‑9‑96.)
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(410 ILCS 625/3.1) Sec. 3.1. Potluck events. (a) As used in this Section, "potluck event" means an event that meets all of the following conditions: (1) People are gathered to share food at the event. (2) There is no compensation provided to people for
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bringing food to the event.
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(3) There is no charge for any food or beverage
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(4) The event is not conducted for commercial
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(5) It is generally understood by the participants at
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the event that neither the food nor the facilities have been inspected by the State or a local certified public health department.
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(6) The event is not held on public property.
(b) Notwithstanding any other provision of law, neither the Department of Public Health nor the health department of a unit of local government may regulate the serving of food that is brought to a potluck event sponsored by a group of individuals or a religious, charitable, or nonprofit organization by individuals attending the potluck event for consumption at the potluck event. Individuals who are not members of a group or organization sponsoring a potluck event may attend the potluck event and consume the food at the event. No fee may be charged for admission to a potluck event that is exempt from regulation under this Section, nor may food be sold at a potluck event that is exempt from regulation under this Section. A business establishment dealing in the sale of food items may not sponsor a potluck event. Potluck event food may not be brought into the kitchen of a business establishment dealing in the sale of food items.
(Source: P.A. 93‑1039, eff. 6‑1‑05.)
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