2023 Illinois Compiled Statutes › Chapter 410 - PUBLIC HEALTH › 410 ILCS 650/ - Sanitary Food Preparation Act.

(410 ILCS 650/0.01) (from Ch. 56 1/2, par. 66.90)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Sanitary Food Preparation Act.
(Source: P.A. 86-1324.)
(410 ILCS 650/1) (from Ch. 56 1/2, par. 67)
Sec. 1. 
		
		That every building, room, basement, inclosure
or premises, occupied, used or maintained as a bakery, confectionery,
cannery, packing house, slaughter house, creamery, cheese factory,
restaurant, hotel, grocery, meat market, or as a factory, shop, warehouse,
any public or place or manufacturing establishment used for the
preparation, manufacture, packing, storage, sale or distribution of any
food as defined by statute, which is intended for sale, shall be properly
and adequately lighted, drained, plumbed and ventilated, and shall be
conducted with strict regard to the influence of such conditions upon the
health of the operatives, employees, clerks, or other persons therein
employed, and the purity and wholesomeness of the food therein produced,
prepared, manufactured, packed, stored, sold or distributed.
(Source: Laws 1911, p. 528.)
(410 ILCS 650/1.1) (from Ch. 56 1/2, par. 67.1)
Sec. 1.1. 
		(Repealed).
(Source: Repealed by P.A. 88-45.)
(410 ILCS 650/2) (from Ch. 56 1/2, par. 68)
Sec. 2. 
The floors, sidewalks, ceilings, furniture, receptacles,
implements, and machinery of every such establishment or place where such
food intended for sale is produced, prepared, manufactured, packed,
stored, sold, or distributed, and all cars, trucks, and vehicles used in
the transportation of such food products, shall at no time be kept or
permitted to remain in an unclean, unhealthful, or insanitary condition;
and for the purpose of this Act, unclean, unhealthful, or insanitary
conditions shall be deemed to exist if food in the process of
production, preparation, manufacture, packing, storing, sale,
distribution, or transportation is not securely protected from flies,
dust, dirt, and, as far as may be necessary by all reasonable means,
from all other foreign or injurious contamination; or if the refuse,
dirt, or waste products subject to decomposition and fermentation
incident to the manufacture, preparation, packing, storing, selling,
distributing, or transportation of such food are not removed daily, or if
all trucks, trays, boxes, buckets, or other receptacles, or the shutes,
platforms, racks, tables, shelves, and knives, saws, cleavers, or other
utensils, or the machinery used in moving, handling, cutting, chopping,
mixing, canning, or other processes are not thoroughly cleaned daily; or
if the clothing of operatives, employees, clerks, or other persons therein
employed, is unclean.
(Source: P.A. 103-154, eff. 6-30-23.)
(410 ILCS 650/3) (from Ch. 56 1/2, par. 69)
Sec. 3. 
		
		The sidewalls and ceilings of every bakery, confectionery,
creamery, cheese factory, and hotel or restaurant kitchen shall be so
constructed that they can easily be kept clean; and every building, room,
basement or inclosure occupied or used for the preparation, manufacture,
packing, storage, sale or distribution of food shall have an impermeable
floor made of cement or tile laid in cement, brick, wood or other suitable
material which can be flushed and washed clean with water.
(Source: Laws 1911, p. 528.)
(410 ILCS 650/4) (from Ch. 56 1/2, par. 70)
Sec. 4. 
		
		All such factories, buildings, and other places containing food,
shall be so provided with proper doors and screens adequate to prevent
contamination of the product from flies.
(Source: Laws 1911, p. 528.)
(410 ILCS 650/5) (from Ch. 56 1/2, par. 71)
Sec. 5. 
		
		Every such building, room, basement, inclosure, or premises
occupied, used or maintained for the production, preparation, manufacture,
canning, packing, storage, sale or distribution of such food, shall have
adequate and convenient toilet rooms, lavatory or lavatories. The toilet
rooms shall be separate and apart from the room or rooms where the process
of production, preparation, manufacture, packing, storing, canning, selling
and distributing is conducted. The floors of such toilet rooms shall be of
cement, tile, wood, brick or other non-absorbent material, and shall be
washed and scoured daily. Such toilet or toilets shall be furnished with
separate ventilating flues and pipes discharging into soil pipes or shall
be on the outside of and well removed from the building. Lavatories and
wash rooms shall be adjacent to toilet rooms, or when the toilet is outside
of the building, the wash room shall be near the exit to the toilet and
shall be supplied with soap, running water and towels and shall be
maintained in a sanitary condition.
(Source: Laws 1911, p. 528.)
(410 ILCS 650/6) (from Ch. 56 1/2, par. 72)
Sec. 6. 
		
		
		If any such building, room, basement, inclosure or premises occupied,
used or maintained for the purposes aforesaid, or if the floors, sidewalls,
ceilings, furniture, receptacles, implements, appliances or machinery of
any such establishment shall be constructed, kept, maintained, or permitted
to remain in a condition contrary to any of the requirements or provisions
of the preceding 5 Sections of this Act, the same is hereby declared a
nuisance, and any toilet, toilet room, lavatory or wash room as aforesaid,
which shall be constructed, kept, maintained or permitted to remain in a
condition contrary to the requirements or provisions of Section 5 of this
Act, is hereby declared a nuisance; and any car, truck, or vehicle used in
the moving or transportation of any food product as aforesaid, which shall
be kept or permitted to remain in an unclean, unhealthful or insanitary
condition is hereby declared a nuisance. Whoever unlawfully maintains, or
allows or permits to exist a nuisance as herein defined shall be guilty of
a Class A misdemeanor, and, on conviction thereof, shall be punished as
herein provided.
(Source: P.A. 77-2830.)
(410 ILCS 650/7)
Sec. 7. Honey.
(a) For the purpose of this Section, "honey house" means any stationary or portable building or any room or place within a building that is used for the purpose of extracting, processing, or other handling of honey.
(b) Notwithstanding any other provision of this Act, the Department may not regulate honey that is in the comb or that is removed from the comb and in an unadulterated condition; both forms of honey are exempt from the provisions of this Act.
(c) If a producer is engaged in the sale of honey that is left in the comb or removed from the comb in an unadulterated condition at a local market and packs or sells less than 500 gallons of honey produced in this State per year, then the Department may not regulate or inspect the producer's honey house.
(Source: P.A. 96-1028, eff. 1-1-11.)
(410 ILCS 650/8) (from Ch. 56 1/2, par. 74)
Sec. 8. No operative, employee, or other persons shall expectorate on the food or on the utensils or on the floors or sidewalls of any building, room, basement, or cellar where the production, preparation, manufacture, packing, storing, or sale of any such food is conducted. Operatives, employees, clerks, and all other persons who handle the material from which such food is prepared or the finished product, before beginning work, or after visiting toilet or toilets, shall wash their hands thoroughly in clean water. Whoever fails to observe or violates the provisions of this Section shall be guilty of a petty offense and fined not more than $25.
(Source: P.A. 103-154, eff. 6-30-23.)
(410 ILCS 650/9) (from Ch. 56 1/2, par. 75)
Sec. 9. 
		
		It shall be unlawful for any person to sleep, or to allow or permit
any person to sleep in any work room of a bake shop, kitchen, dining room,
confectionery, creamery, cheese factory, or any place where food is
prepared for sale, served or sold, unless all foods therein handled are at
all times in hermetically sealed packages.
(Source: Laws 1911, p. 528.)
(410 ILCS 650/10) (from Ch. 56 1/2, par. 76)
Sec. 10. 
		Communicable or sexually transmitted disease. 
		It shall be
unlawful for any employer to require, allow or permit
any person who is affected with any communicable or
sexually transmitted disease to work,
or for any person so affected to work, in a building, room, basement,
inclosure, premises or vehicle occupied or used for the production,
preparation, manufacture, packing, storage, sale, distribution, or
transportation of food.
(Source: P.A. 89-187, eff. 7-19-95.)
(410 ILCS 650/10.1) (from Ch. 56 1/2, par. 76.1)
Sec. 10.1. 
		
		It is unlawful for any restaurant to list a particular food
product for sale on its menu when such product is not actually sold to
consumers, but an imitation or substitute food product is served in its
place.  If such imitation or substitute food product is served, the menu
shall clearly state that the product is imitation or the name of the
substitute product.  For purposes of this Section "menu" means a list of
food products offered for sale at a restaurant.
(Source: P.A. 86-608.)
(410 ILCS 650/11) (from Ch. 56 1/2, par. 77)
Sec. 11. 
Except as hereinafter provided and as provided in Sections 3.3, 3.4, and 4 of the Food Handling Regulation Enforcement Act, the Department of Public
Health shall enforce this Act, and for that purpose it may at all times
enter every such building, room, basement, inclosure or premises
occupied or used or suspected of being occupied or used for the
production, preparation or manufacture for sale, or the storage, sale,
distribution or transportation of such food, to inspect the premises and
all utensils, fixtures, furniture and machinery used as aforesaid; and
if upon inspection any such food producing or distribution
establishment, conveyance, or employer, employee, clerk, driver or other
person is found to be violating any of the provisions of this Act, or if
the production, preparation, manufacture, packing, storage, sale,
distribution or transportation of such food is being conducted in a
manner detrimental to the health of the employees and operatives, or to
the character or quality of the food therein being produced,
manufactured, packed, stored, sold, distributed or conveyed, the officer
or inspector making the inspection or examination shall report such
conditions and violations to the Department. The Department of
Agriculture shall have exclusive jurisdiction for the enforcement of
this Act insofar as it relates to establishments defined by Section 2.5
of "The Meat and Poultry Inspection Act", approved July
22, 1959, as heretofore or hereafter amended. The Department of
Agriculture or Department of Public Health, as the case may be, shall
thereupon issue a written order to the person, firm or corporation
responsible for the violation or condition aforesaid to abate such
condition or violation or to make such changes or improvements as may be
necessary to abate them, within such reasonable time as may be required.
Notice of the order may be served by delivering a copy thereof to the
person, firm or corporation, or by sending a copy thereof by registered
mail, and the receipt thereof through the post office shall be prima
facie evidence that notice of the order has been received. Such person,
firm or corporation may appear in person or by attorney before the
Department of Agriculture or the Department of Public Health, as the
case may be, within the time limited in the order, and shall be given an
opportunity to be heard and to show why such order or instructions
should not be obeyed. The hearing shall be under such rules and
regulations as may be prescribed by the Department of Agriculture or the
Department of Public Health, as the case may be. If after such hearing
it appears that this Act has not been violated, the order shall be
rescinded. If it appears that this Act is being violated, and that the
person, firm or corporation notified is responsible therefor, the
previous order shall be confirmed or amended, as the facts shall
warrant, and shall thereupon be final, but such additional time as is
necessary may be granted within which to comply with the final order. If
such person, firm or corporation is not present or represented when such
final order is made, notice thereof shall be given as above provided. On
failure of the party or parties to comply with the first order of the
Department of Agriculture or the Department of Public Health, as the
case may be, within the time prescribed, when no hearing is demanded, or
upon failure to comply with the final order within the time specified,
the Department shall certify the facts to the State's Attorney of the
county in which such violation occurred, and such State's Attorney shall
proceed against the party or parties for the fines and penalties
provided by this Act, and also for the abatement of the nuisance:
Provided, that the proceedings herein prescribed for the abatement of
nuisances as defined in this Act shall not in any manner relieve the
violator from prosecution in the first instance for every such
violation, nor from the penalties for such violation prescribed by
Section 13.
(Source: P.A. 97-393, eff. 1-1-12; 97-394, eff. 8-16-11; 97-813, eff. 7-13-12; 98-660, eff. 6-23-14.)
(410 ILCS 650/11.01) (from Ch. 56 1/2, par. 77.01)
Sec. 11.01. 
		
		(a) Any county under 1,000,000 inhabitants may, by resolution
of its county board, create the
position of sanitary inspector and may appoint any necessary assistants.
Each sanitary inspector shall be a registered sanitarian under the "Sanitarian
Registration Act".
(b) The sanitary inspector shall have the power to enforce and observe
the rules, regulations and orders of the Department of Public Health and
the provisions of this Act.
(c) The sanitary inspector appointed pursuant to this Section has jurisdiction
throughout the entire county, except within:
(1) Municipalities;
(2) Any public health district organized under "An Act to authorize the
organization of public health districts and for the establishment and maintenance
of a health department for the same", filed June 26, 1917, as amended; and
(3) Any public health district organized under "An Act in relation to
the establishment and maintenance of county and multiple-county public health
departments", approved July 9, 1943, as amended.
(Source: P.A. 81-802.)
(410 ILCS 650/11.1) (from Ch. 56 1/2, par. 77.1)
Sec. 11.1. 
		
		The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
(Source: P.A. 88-45.)
(410 ILCS 650/12) (from Ch. 56 1/2, par. 78)
Sec. 12. 
		
		All fines collected under the provisions of this act shall be paid
into the county treasury of the county in which the prosecution is brought,
and it shall be the duty of the State's Attorneys in the respective
counties to prosecute all persons violating or refusing to obey the
provisions of this act.
(Source: Laws 1911, p. 528.)
(410 ILCS 650/13) (from Ch. 56 1/2, par. 79)
Sec. 13. 
		
		Whoever violates any of the provisions of this Act, or refuses to
comply with any lawful order or requirement of the Department of
Agriculture or the Department of Public Health, as the case may be, duly
made in writing as provided in Section 11 shall be guilty of a Class B
misdemeanor; and each day after the expiration of the time limit for
abating insanitary conditions and completing improvements to abate such
conditions as ordered by the Department, shall constitute a distinct and
separate offense.
(Source: P.A. 77-2695.)