SERVING SMILES ACT

104th Regular Session Introduced by Tony McCombie

exempts volunteers at early childhood facilities who only serve food from the Food Handling Regulation Enforcement Act requirements.

Referred to Rules Committee

Overview

HB5789, introduced in the 104th Illinois General Assembly by Rep. Tony M. McCombie, would create a specific exemption under the Food Handling Regulation Enforcement Act for certain volunteers at early childhood facilities and programs. The bill adds a new Section 3.10 to the Act to clarify that volunteers who only participate in serving food (and do not engage in food preparation) are not subject to the Act’s requirements.

Purpose and Intent

To provide a targeted exemption for volunteers at early childhood facilities or programs.

To distinguish activities related to serving food from those involving food preparation, aligning regulatory requirements with the nature of volunteers’ tasks.

To recognize volunteers as individuals who may contribute on either a paid or unpaid basis, emphasizing the voluntary and altruistic character of their service.

Key Provisions

New Section 3.10 added to the Food Handling Regulation Enforcement Act (410 ILCS 625).

Exemption: The Act does not apply to volunteers at an early childhood facility or early childhood program who only participate in the serving of food and do not participate in the preparation of food.

Definitions:

“Volunteer”: An individual who provides services to benefit a community, organization, or cause, motivated primarily by civic duty, purpose, or altruism rather than standard market-rate economic gain; includes services performed on either a paid or unpaid basis.

Scope: Applies specifically to early childhood facilities and early childhood programs; does not extend to individuals who prepare food or perform other regulated food handling activities.

Who and What Is Affected

Affected Group: Volunteers at early childhood facilities or early childhood programs who only serve food (and do not engage in food preparation).

Who is Exempt: Volunteers regardless of whether their service is paid or unpaid, as long as their role is limited to serving food.

Others: Staff, contractors, or volunteers involved in food preparation or other regulated food handling activities remain subject to the Food Handling Regulation Enforcement Act.

Procedural and Timeline Aspects

Status: Introduced and referred to Rules Committee (May 25, 2026). Bill filed May 22, 2026.

Enactment Timeline: As of the provided information, the bill has not yet become law. If passed, the exemption would become law upon enactment and would apply to volunteers meeting the defined criteria going forward.

Potential Impact

Regulatory Relief: Simplifies compliance for certain volunteers by removing the Act’s requirements for those who only serve food, potentially reducing administrative burden on early childhood facilities and programs.

Consistency with Roles: Aligns regulatory expectations with the actual tasks volunteers perform, ensuring that only those involved in food preparation are subject to applicable food handling regulations.

Safety Considerations: The exemption is narrowly tailored to “serving” activities; facilities would still need to assess whether any volunteers engage in preparation tasks and continue to comply with any other applicable health and safety requirements not covered by this Act.

If you’d like, I can summarize potential impacts for specific stakeholder groups (early childhood programs, volunteers, facility administrators) or compare this bill to analogous exemptions in other states.