SB1950 - 104th General Assembly
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| 1 | AMENDMENT TO SENATE BILL 1950 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 1950 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Sanitary Food Preparation Act is amended | ||||||
| 5 | by adding Section 10.2 as follows: | ||||||
| 6 | (410 ILCS 650/10.2 new) | ||||||
| 7 | Sec. 10.2. Meal kit or ready-to-eat meal distribution | ||||||
| 8 | facility; local health department. | ||||||
| 9 | (a) In this Section: | ||||||
| 10 | "Meal kit" means pre-portioned raw ingredients or cooked | ||||||
| 11 | ingredients packaged and provided to the consumer for | ||||||
| 12 | preparation. "Meal kit" does not include food collected, | ||||||
| 13 | prepared, stored, packaged, or distributed by (i) a nonprofit | ||||||
| 14 | organization that is an establishment inspected by the | ||||||
| 15 | Department of Agriculture's Bureau of Meat and Poultry | ||||||
| 16 | Inspection or (ii) a distribution agency working at the | ||||||
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| 1 | direction of the nonprofit organization to provide food to | ||||||
| 2 | low-income individuals at no cost. | ||||||
| 3 | "Ready-to-eat meal" means a fully cooked meal that is | ||||||
| 4 | packaged and ready for immediate consumption or short-term | ||||||
| 5 | reheating. "Ready-to-eat meal" does not include food | ||||||
| 6 | collected, prepared, stored, packaged, or distributed by (i) a | ||||||
| 7 | nonprofit organization that is an establishment inspected by | ||||||
| 8 | the Department of Agriculture's Bureau of Meat and Poultry | ||||||
| 9 | Inspection or (ii) a distribution agency working at the | ||||||
| 10 | direction of the nonprofit organization to provide food to | ||||||
| 11 | low-income individuals at no cost. | ||||||
| 12 | (b) If a meal kit or ready-to-eat meal distribution | ||||||
| 13 | facility is engaged in the collection, storage, packaging, or | ||||||
| 14 | distribution of meal kits direct to consumers, then that | ||||||
| 15 | facility is subject to all provisions of this Act and rules | ||||||
| 16 | adopted under this Act for food establishments. | ||||||
| 17 | Notwithstanding any other provision of this Act, the local | ||||||
| 18 | health department where a food distribution facility is | ||||||
| 19 | located shall have the power to enforce and observe the rules | ||||||
| 20 | and orders of the Department of Public Health or the local | ||||||
| 21 | health department and the provisions of this Section. A local | ||||||
| 22 | health department or certified local health department may | ||||||
| 23 | establish and assess a fee for any inspection it conducts at | ||||||
| 24 | meal kit and ready-to-eat meal distribution facilities if the | ||||||
| 25 | fee for the inspection is not included in the fee for the | ||||||
| 26 | operating license or permit. Meal kit and ready-to-eat meal | ||||||
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| 1 | distribution facilities shall pay inspection fees within 30 | ||||||
| 2 | days from the date of the inspection to the local health | ||||||
| 3 | department or certified local health department that conducted | ||||||
| 4 | the inspection. Meal kit and ready-to-eat meal distribution | ||||||
| 5 | facilities that do not pay inspection fees on a timely basis | ||||||
| 6 | shall be considered not in compliance with this Act. Late fees | ||||||
| 7 | may be applied to inspection fees not paid on a timely basis in | ||||||
| 8 | accordance with local ordinances or policy. | ||||||
| 9 | (c) Meal kit and ready-to-eat meal distribution facilities | ||||||
| 10 | must follow the following requirements for temperature | ||||||
| 11 | control, food safety inspections, food labeling requirements, | ||||||
| 12 | delivery, and transparency: | ||||||
| 13 | (1) Foods that require time and temperature control | ||||||
| 14 | for safety shall be maintained and transported at holding | ||||||
| 15 | temperatures according to the Department's administrative | ||||||
| 16 | rules to ensure the food's safety and limit microorganism | ||||||
| 17 | formation. | ||||||
| 18 | (2) Meal kit and ready-to-eat meal providers must use | ||||||
| 19 | temperature-controlled packaging to maintain food safety | ||||||
| 20 | during transit. All providers must maintain temperature | ||||||
| 21 | logs for meal kits or ready-to-eat meals in transit. | ||||||
| 22 | Temperature logs shall be provided to the local health | ||||||
| 23 | department or the Department of Public Health upon | ||||||
| 24 | request. | ||||||
| 25 | (3) Facilities that prepare and distribute meal kits | ||||||
| 26 | and ready-to-eat meals are subject to health inspections | ||||||
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| 1 | in accordance with standards for food establishments. | ||||||
| 2 | Facilities that prepare and distribute meal kits and | ||||||
| 3 | ready-to-eat meals are subject to health inspections in | ||||||
| 4 | accordance with the inspection frequency prescribed for | ||||||
| 5 | the relative risks of causing foodborne illness in the | ||||||
| 6 | Department's administrative rules. | ||||||
| 7 | (4) All meal kits and ready-to-eat meals must be | ||||||
| 8 | labeled in accordance with the requirements for packaged | ||||||
| 9 | foods in the Department's standards for food | ||||||
| 10 | establishments. | ||||||
| 11 | (5) Meal kits and ready-to-eat meals shall be | ||||||
| 12 | delivered within 48 hours of preparation and must be | ||||||
| 13 | packaged with temperature-controlled materials, including | ||||||
| 14 | ice packs or insulated containers, to maintain safe food | ||||||
| 15 | temperatures. | ||||||
| 16 | (6) Meal kits and ready-to-eat meal providers must | ||||||
| 17 | publish on their websites the registering local health | ||||||
| 18 | department, inspection findings, certifications, and | ||||||
| 19 | compliance with local, State, and federal food safety | ||||||
| 20 | regulation on their website or consumer-facing platforms. | ||||||
| 21 | (d) The Department of Public Health may adopt any rules it | ||||||
| 22 | deems necessary for the implementation, administration, and | ||||||
| 23 | enforcement of this Section.". | ||||||
