[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB3261
LRB9109184JMprA
1 AN ACT concerning food inspections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 State Grant Food Inspection Act.
6 Section 5. Use of environmental health practitioners by
7 State grantees. As a condition of a State grant of funds, a
8 grantee must use environmental health practitioners licensed
9 under the Environmental Health Practitioner Licensing Act to
10 conduct any food protection inspections paid for from any
11 portion of the State grant.
12 Section 10. The Department of Public Health Act is
13 amended by changing Section 2 as follows:
14 (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
15 Sec. 2. Powers.
16 (a) The State Department of Public Health has general
17 supervision of the interests of the health and lives of the
18 people of the State. It has supreme authority in matters of
19 quarantine, and may declare and enforce quarantine when none
20 exists, and may modify or relax quarantine when it has been
21 established. The Department may adopt, promulgate, repeal
22 and amend rules and regulations and make such sanitary
23 investigations and inspections as it may from time to time
24 deem necessary for the preservation and improvement of the
25 public health, consistent with law regulating the following:
26 (1) Transportation of the remains of deceased
27 persons.
28 (2) Sanitary practices relating to drinking water
29 made accessible to the public for human consumption or
-2- LRB9109184JMprA
1 for lavatory or culinary purposes.
2 (3) Sanitary practices relating to rest room
3 facilities made accessible to the public or to persons
4 handling food served to the public. Food protection
5 inspections authorized by this subsection must be
6 conducted by environmental health practitioners licensed
7 under the Environmental Health Practitioner Licensing
8 Act.
9 (3.5) All other types of food protection
10 inspections, including but not limited to inspections of
11 restaurants and grocery stores. Food protection
12 inspections authorized by this subsection must be
13 conducted by environmental health practitioners licensed
14 under the Environmental Health Practitioner Licensing
15 Act.
16 (4) Sanitary practices relating to disposal of
17 human wastes in or from all buildings and places where
18 people live, work or assemble.
19 The provisions of the Illinois Administrative Procedure
20 Act are hereby expressly adopted and shall apply to all
21 administrative rules and procedures of the Department of
22 Public Health under this Act, except that Section 5-35 of the
23 Illinois Administrative Procedure Act relating to procedures
24 for rule-making does not apply to the adoption of any rule
25 required by federal law in connection with which the
26 Department is precluded by law from exercising any
27 discretion.
28 All local boards of health, health authorities and
29 officers, police officers, sheriffs and all other officers
30 and employees of the state or any locality shall enforce the
31 rules and regulations so adopted.
32 The Department of Public Health shall conduct a public
33 information campaign to inform Hispanic women of the high
34 incidence of breast cancer and the importance of mammograms
-3- LRB9109184JMprA
1 and where to obtain a mammogram. This requirement may be
2 satisfied by translation into Spanish and distribution of the
3 breast cancer summaries required by Section 2310-345 of the
4 Department of Public Health Powers and Duties Law (20 ILCS
5 2310/2310-345). The information provided by the Department of
6 Public Health shall include (i) a statement that mammography
7 is the most accurate method for making an early detection of
8 breast cancer, however, no diagnostic tool is 100% effective
9 and (ii) instructions for performing breast self-examination
10 and a statement that it is important to perform a breast
11 self-examination monthly.
12 The Department of Public Health shall investigate the
13 causes of dangerously contagious or infectious diseases,
14 especially when existing in epidemic form, and take means to
15 restrict and suppress the same, and whenever such disease
16 becomes, or threatens to become epidemic, in any locality and
17 the local board of health or local authorities neglect or
18 refuse to enforce efficient measures for its restriction or
19 suppression or to act with sufficient promptness or
20 efficiency, or whenever the local board of health or local
21 authorities neglect or refuse to promptly enforce efficient
22 measures for the restriction or suppression of dangerously
23 contagious or infectious diseases, the Department of Public
24 Health may enforce such measures as it deems necessary to
25 protect the public health, and all necessary expenses so
26 incurred shall be paid by the locality for which services are
27 rendered.
28 (b) Subject to the provisions of subsection (c), the
29 Department may order a person to be quarantined or isolated
30 or a place to be closed and made off limits to the public to
31 prevent the probable spread of a dangerously contagious or
32 infectious disease, including non-compliant tuberculosis
33 patients, until such time as the condition can be corrected
34 or the danger to the public health eliminated or reduced in
-4- LRB9109184JMprA
1 such a manner that no substantial danger to the public's
2 health any longer exists.
3 (c) No person may be ordered to be quarantined or
4 isolated and no place may be ordered to be closed and made
5 off limits to the public except with the consent of the
6 person or owner of the place or upon the order of a court of
7 competent jurisdiction. To obtain a court order, the
8 Department, by clear and convincing evidence, must prove that
9 the public's health and welfare are significantly endangered
10 by a person with a dangerously contagious or infectious
11 disease including non-compliant tuberculosis patients or by a
12 place where there is a significant amount of activity likely
13 to spread a dangerously contagious or infectious disease.
14 The Department must also prove that all other reasonable
15 means of correcting the problem have been exhausted and no
16 less restrictive alternative exists.
17 (d) This Section shall be considered supplemental to the
18 existing authority and powers of the Department and shall not
19 be construed to restrain or restrict the Department in
20 protecting the public health under any other provisions of
21 the law.
22 (e) Any person who knowingly or maliciously disseminates
23 any false information or report concerning the existence of
24 any dangerously contagious or infectious disease in
25 connection with the Department's power of quarantine,
26 isolation and closure or refuses to comply with a quarantine,
27 isolation or closure order is guilty of a Class A
28 misdemeanor.
29 (f) The Department of Public Health may establish and
30 maintain a chemical and bacteriologic laboratory for the
31 examination of water and wastes, and for the diagnosis of
32 diphtheria, typhoid fever, tuberculosis, malarial fever and
33 such other diseases as it deems necessary for the protection
34 of the public health.
-5- LRB9109184JMprA
1 As used in this Act, "locality" means any governmental
2 agency which exercises power pertaining to public health in
3 an area less than the State.
4 The terms "sanitary investigations and inspections" and
5 "sanitary practices" as used in this Act shall not include or
6 apply to "Public Water Supplies" or "Sewage Works" as defined
7 in the Environmental Protection Act.
8 (Source: P.A. 91-239, eff. 1-1-00.)
9 Section 15. The Civil Administrative Code of Illinois is
10 amended by changing Section 2310-500 as follows:
11 (20 ILCS 2310/2310-500) (was 20 ILCS 2310/55.07)
12 Sec. 2310-500. Sanitary investigations. To make sanitary
13 investigations that it may, from time to time, deem necessary
14 for the preservation and improvement of health. Food
15 protection inspections authorized by this Section must be
16 conducted by environmental health practitioners licensed
17 under the Environmental Health Practitioner Licensing Act.
18 (Source: P.A. 91-239, eff. 1-1-00.)
19 Section 20. The Counties Code is amended by changing
20 Section 5-25013 as follows:
21 (55 ILCS 5/5-25013) (from Ch. 34, par. 5-25013)
22 Sec. 5-25013. Organization of board; powers and duties.
23 (A) The board of health of each county or
24 multiple-county health department shall, immediately after
25 appointment, meet and organize, by the election of one of its
26 number as president and one as secretary, and either from its
27 number or otherwise, a treasurer and such other officers as
28 it may deem necessary. A board of health may make and adopt
29 such rules for its own guidance and for the government of the
30 health department as may be deemed necessary to protect and
-6- LRB9109184JMprA
1 improve public health not inconsistent with this Division. It
2 shall:
3 1. Hold a meeting prior to the end of each
4 operating fiscal year, at which meeting officers shall be
5 elected for the ensuing operating fiscal year;
6 2. Hold meetings at least quarterly;
7 3. Hold special meetings upon a written request
8 signed by two members and filed with the Secretary or on
9 request of the medical health officer or public health
10 administrator;
11 4. Provide, equip and maintain suitable offices,
12 facilities and appliances for the health department;
13 5. Publish annually, within 90 days after the end
14 of the county's operating fiscal year, in pamphlet form,
15 for free distribution, an annual report showing the
16 condition of its trust on the last day of the most
17 recently completed operating fiscal year, the sums of
18 money received from all sources, giving the name of any
19 donor, how all moneys have been expended and for what
20 purpose, and such other statistics and information in
21 regard to the work of the health department as it may
22 deem of general interest;
23 6. Within its jurisdiction, and professional and
24 technical competence, enforce and observe all State laws
25 pertaining to the preservation of health, and all county
26 and municipal ordinances except as otherwise provided in
27 this Division;
28 7. Within its jurisdiction, and professional and
29 technical competence, investigate the existence of any
30 contagious or infectious disease and adopt measures, not
31 inconsistent with the regulations of the State Department
32 of Public Health, to arrest the progress of the same;
33 8. Within its jurisdiction, and professional and
34 technical competence, make all necessary sanitary and
-7- LRB9109184JMprA
1 health investigations and inspections. Food protection
2 inspections authorized by this Section must be conducted
3 by environmental health practitioners licensed under the
4 Environmental Health Practitioner Licensing Act;
5 9. Upon request, give professional advice and
6 information to all city, village, incorporated town and
7 school authorities, within its jurisdiction, in all
8 matters pertaining to sanitation and public health;
9 10. Appoint a medical health officer as the
10 executive officer for the department, who shall be a
11 citizen of the United States and shall possess such
12 qualifications as may be prescribed by the State
13 Department of Public Health; or appoint a public health
14 administrator who shall possess such qualifications as
15 may be prescribed by the State Department of Public
16 Health as the executive officer for the department,
17 provided that the board of health shall make available
18 medical supervision which is considered adequate by the
19 Director of Public Health;
20 10 1/2. Appoint such professional employees as may
21 be approved by the executive officer who meet the
22 qualification requirements of the State Department of
23 Public Health for their respective positions provided,
24 that in those health departments temporarily without a
25 medical health officer or public health administrator
26 approval by the State Department of Public Health shall
27 suffice;
28 11. Appoint such other officers and employees as
29 may be necessary;
30 12. Prescribe the powers and duties of all officers
31 and employees, fix their compensation, and authorize
32 payment of the same and all other department expenses
33 from the County Health Fund of the county or counties
34 concerned;
-8- LRB9109184JMprA
1 13. Submit an annual budget to the county board or
2 boards;
3 14. Submit an annual report to the county board or
4 boards, explaining all of its activities and
5 expenditures;
6 15. Establish and carry out programs and services
7 in mental health, including mental retardation and
8 alcoholism and substance abuse, not inconsistent with the
9 regulations of the Department of Human Services;
10 16. Consult with all other private and public
11 health agencies in the county in the development of local
12 plans for the most efficient delivery of health services.
13 (B) The board of health of each county or
14 multiple-county health department may:
15 1. Initiate and carry out programs and activities
16 of all kinds, not inconsistent with law, that may be
17 deemed necessary or desirable in the promotion and
18 protection of health and in the control of disease
19 including tuberculosis;
20 2. Receive contributions of real and personal
21 property;
22 3. Recommend to the county board or boards the
23 adoption of such ordinances and of such rules and
24 regulations as may be deemed necessary or desirable for
25 the promotion and protection of health and control of
26 disease;
27 4. Appoint a medical and dental advisory committee
28 and a non-medical advisory committee to the health
29 department;
30 5. Enter into contracts with the State,
31 municipalities, other political subdivisions and
32 non-official agencies for the purchase, sale or exchange
33 of health services;
34 6. Set fees it deems reasonable and necessary (i)
-9- LRB9109184JMprA
1 to provide services or perform regulatory activities,
2 (ii) when required by State or federal grant award
3 conditions, (iii) to support activities delegated to the
4 board of health by the Illinois Department of Public
5 Health, or (iv) when required by an agreement between the
6 board of health and other private or governmental
7 organizations, unless the fee has been established as a
8 part of a regulatory ordinance adopted by the county
9 board, in which case the board of health shall make
10 recommendations to the county board concerning those
11 fees. Revenue generated under this Section shall be
12 deposited into the County Health Fund or to the account
13 of the multiple-county health department.
14 7. Enter into multiple year employment contracts
15 with the medical health officer or public health
16 administrator as may be necessary for the recruitment and
17 retention of personnel and the proper functioning of the
18 health department.
19 (C) The board of health of a multiple-county health
20 department may hire attorneys to represent and advise the
21 department concerning matters that are not within the
22 exclusive jurisdiction of the State's Attorney of one of the
23 counties that created the department.
24 (Source: P.A. 89-272, eff. 8-10-95; 89-507, eff. 7-1-97.)
25 Section 25. The Illinois Municipal Code is amended by
26 changing Section 11-20-3 as follows:
27 (65 ILCS 5/11-20-3) (from Ch. 24, par. 11-20-3)
28 Sec. 11-20-3. The corporate authorities of each
29 municipality may provide for and regulate the inspection of
30 all food for human consumption and tobacco. Food protection
31 inspections authorized by this Section must be conducted by
32 environmental health practitioners licensed under the
-10- LRB9109184JMprA
1 Environmental Health Practitioner Licensing Act.
2 (Source: Laws 1961, p. 576.)
3 Section 30. The Public Health District Act is amended by
4 changing Section 15 as follows:
5 (70 ILCS 905/15) (from Ch. 111 1/2, par. 15)
6 Sec. 15. Each board of health shall:
7 1. Hold an annual meeting in April of each year, at
8 which meeting officers shall be elected for the ensuing year;
9 2. Hold meetings at least quarterly;
10 3. Hold special meetings upon a written request signed
11 by 2 members and filed with the Secretary;
12 4. Levy, annually, subject to Section 21 in addition to
13 all other taxes which are now or hereafter may be authorized
14 to be levied on the aggregate valuation of all property
15 within the public health district, a special "public health
16 tax", not to exceed .1% of the value, as equalized or
17 assessed by the Department of Revenue, of all taxable
18 property embraced within such public health district,
19 according to the valuation of the same as made for the
20 purpose of State and county taxation, which shall form, when
21 collected, a fund to be known as the "public health fund",
22 (i) except that the tax authorized by this subsection 4 may
23 be levied at a rate over .1% but not to exceed .15%, not
24 subject to Section 21 of this Act, if the board of health by
25 resolution initiates a referendum to be held in accordance
26 with the general election law and the question of authorizing
27 a rate not to exceed .15% is approved by a majority of the
28 electors voting on the question, and (ii) further except, if
29 a public health district is situated within any county or
30 multiple-county health department for whose benefit a tax is
31 levied under "An Act in relation to the establishment and
32 maintenance of county and multiple-county public health
-11- LRB9109184JMprA
1 departments", approved July 9, 1943, as amended, the county
2 clerk shall reduce and abate from the tax levied by the
3 authority of this Act a rate which would produce an amount
4 equal to the amount of the tax accruing to the public health
5 district under the above-named Act. In any public health
6 district in which a health department was established by a
7 referendum prior to January 1, 1970, the board of health may,
8 by a resolution adopted by at least a three-fifths vote and
9 without subsequent referendum, levy a tax at a rate not to
10 exceed the rate set forth above;
11 5. Appoint a medical health officer as the executive
12 officer of the board of health, who shall be a citizen of the
13 United States or has made declaration of intention to become
14 a citizen, who shall possess such qualifications as may be
15 prescribed by the State Department of Public Health, or
16 appoint a Public Health Administrator who shall possess such
17 qualifications as may be prescribed by the State Department
18 of Public Health as executive officer of the board of health,
19 provided that the board of health shall make available
20 medical supervision which is considered adequate by the
21 Director of the Department of Public Health;
22 6. Appoint, upon the advice and approval of the
23 executive officer, professional and technical personnel who
24 meet the qualifications established by the State Department
25 of Public Health and such clerical and other personnel as the
26 executive officer deems necessary;
27 7. Fix the compensation of the medical health officer or
28 administrator;
29 8. Provide, equip and maintain suitable offices,
30 facilities and appliances for the health officer or
31 administrator and his staff;
32 9. If determined necessary by the board of health,
33 establish, equip and maintain an analytical biological and
34 research laboratory;
-12- LRB9109184JMprA
1 10. Pay, from the "public health fund", the salary of
2 the medical health officer or administrator and the salaries
3 of all appointees and employees and the expenses of
4 maintenance of the public health department, including
5 therein the expense of administering the sanitation and
6 health laws and ordinances. The cost of food protection
7 inspections may be paid only if the inspections are conducted
8 by environmental health practitioners licensed under the
9 Environmental Health Practitioner Licensing Act;
10 11. Consult with other private and public health
11 agencies in the district on the development of local plans
12 for the most efficient performance of health services;
13 12. Acquire, hold, lease and sell, in the name of the
14 public health district, real estate and personal property;
15 13. Receive contributions of money or property and
16 charge fees for health services;
17 14. Publish, annually, on or soon after the second
18 Tuesday in April, in pamphlet form, for free distribution, an
19 annual report showing the condition of their trust on April
20 1, of that year, the sums of money received from taxation and
21 from other sources, giving the name of the donor, how all
22 moneys have been expended and for what purpose, and such
23 other statistics and information in regard to the work of the
24 health department as they deem of general interest.
25 (Source: P.A. 86-338.)
26 Section 35. The Sanitary Food Preparation Act is amended
27 by changing Section 11.01 as follows:
28 (410 ILCS 650/11.01) (from Ch. 56 1/2, par. 77.01)
29 Sec. 11.01. (a) Any county under 1,000,000 inhabitants
30 may, by resolution of its county board, create the position
31 of sanitary inspector and may appoint any necessary
32 assistants. Each sanitary inspector shall be a registered
-13- LRB9109184JMprA
1 sanitarian under the "Sanitarian Registration Act".
2 (b) The sanitary inspector shall have the power to
3 enforce and observe the rules, regulations and orders of the
4 Department of Public Health and the provisions of this Act.
5 Food protection inspections authorized by this Act must be
6 conducted by environmental health practitioners licensed
7 under the Environmental Health Practitioner Licensing Act.
8 (c) The sanitary inspector appointed pursuant to this
9 Section has jurisdiction throughout the entire county, except
10 within:
11 (1) Municipalities;
12 (2) Any public health district organized under "An Act
13 to authorize the organization of public health districts and
14 for the establishment and maintenance of a health department
15 for the same", filed June 26, 1917, as amended; and
16 (3) Any public health district organized under "An Act
17 in relation to the establishment and maintenance of county
18 and multiple-county public health departments", approved July
19 9, 1943, as amended.
20 (Source: P.A. 81-802.)