98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1192
 
Introduced , by Rep. Elizabeth Hernandez
 
SYNOPSIS AS INTRODUCED:
 

 
65 ILCS 5/11-20-16

     Amends the Illinois Municipal Code. Provides that a requirement that a municipality in a county with 2,000,000 or more inhabitants must regulate and inspect retail food establishments does not apply to a municipality that is served by a local health district. Effective immediately.
  


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A BILL FOR
 

  
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1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Municipal Code is amended  by 
5changing Section 11-20-16 as follows:
 
6    (65 ILCS 5/11-20-16)
7    Sec. 11-20-16. Retail food establishments.
8    (a) A municipality in a county having a population of 
92,000,000 or more inhabitants must regulate and inspect retail 
10food establishments in the municipality. A municipality must 
11regulate and inspect retail food establishments in accordance 
12with applicable federal and State laws pertaining to the 
13operation of retail food establishments including but not 
14limited to the Illinois Food Handling Regulation Enforcement 
15Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary 
16Food Preparation Act, the regulations of the Illinois 
17Department of Public Health, and local ordinances and 
18regulations. This subsection shall not apply to a municipality 
19that is served by a certified local health department, other 
20than a county certified local health department, or a local 
21health district.
22    A home rule unit may  not regulate retail food 
23establishments in a less restrictive manner than as provided in 
 
 
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1this Section. This Section is a limitation of home rule powers 
2under subsection (i) of Section 6 of Article VII of the 
3Illinois Constitution on the concurrent exercise by home rule 
4units of the powers and functions exercised by the State.
5    (b) A municipality may enter into an intergovernmental 
6agreement with a county that provides for the county's 
7certified local health department to perform any or all 
8inspection functions for the municipality. The municipality 
9must pay the county's reasonable costs. An intergovernmental 
10agreement shall not preclude a municipality from continuing to 
11license retail food establishments within its jurisdiction.
12    (c) For the purpose of this Section, "retail food 
13establishment" includes a food service establishment, a 
14temporary food service establishment, and a retail food store 
15as defined in the Food Service Sanitation Code, 77 Ill. Adm. 
16Code Part 750, and the Retail Food Store Sanitation Code, 77 
17Ill. Adm. Code Part 760.

18(Source: P.A. 96-749, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
 
19    Section 99. Effective date. This Act takes effect upon 
20becoming law.