Illinois Food Handler Training Requirement

 

This new Illinois Dept. of Public Health Food Handler Enforcement Act requires
that all food workers must obtain training in basic safe food handling principles
within 30 days after employment

Section 3.05 is for Non-Restaurant food handlers effective date 7/1/16

Section 3.06 is for Restaurant food handlers effective date 7/1/14

 (410 ILCS 625/3.05 new)
    Sec. 3.05. Non-restaurant food handler training.
    (a) All food handlers not employed by a restaurant as
defined in Section 3.06 of this Act, other than someone holding
a food service sanitation manager certificate, must receive or
obtain training in basic safe food handling principles as
outlined in subsection (b) of this Section within 30 days after
 
employment. There is no limit to how many times an employee may
take the training. Training 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 in an electronic
format.
    (b) Food handler training must cover and assess knowledge
of the following topics:
        (1) The relationship between time and temperature with
    respect to foodborne illness, including the relationship
    between time and temperature and micro-organisms during
    the various food handling preparation and serving states,
    and the type, calibration, and use of thermometers in
    monitoring food temperatures.
        (2) The relationship between personal hygiene and food
    safety, including the association of hand contact,
    personal habits and behaviors, and the food handler's
    health to foodborne illness, and the recognition of how
    policies, procedures, and management contribute to
    improved food safety practices.
        (3) Methods of preventing food contamination in all
    stages of food handling, including terms associated with
    contamination and potential hazards prior to, during, and
    after delivery.
        (4) Procedures for cleaning and sanitizing equipment
    and utensils.
 
        (5) Problems and potential solutions associated with
    temperature control, preventing cross-contamination,
    housekeeping, and maintenance.
    (c) Training modules must be approved by the Department.
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.
Any modules complying with subsection (b) of this Section and
not approved within 180 days after the Department's receipt of
the business application shall automatically be considered
approved. If a training module has been approved in another
state, then it shall automatically be considered approved in
Illinois so long as the business provides proof that the
training has been approved in another state. 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.
Nothing in this subsection (c) shall be construed to require a
proctor. 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 3.05 shall not apply.
    (d) The regulation of food handler training is considered
 
to be an exclusive function of the State, and local regulation
is prohibited. This subsection (d) is a denial and limitation
of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
    (e) The provisions of this Section apply beginning July 1,
2016. From July 1, 2016 through December 31, 2016, enforcement
of the provisions of this Section shall be limited to education
and notification of requirements to encourage compliance.
 
    (410 ILCS 625/3.06 new)
    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 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
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.
 

 Safe Food Handlers Corporation in cooperation with Tap Series is an approved provider of the Illinois food handler training and offers an online course to meet the state requirement.

 Click here to register