ALL FOOD ESTABLISHMENTS (7-38-001 et seq.)

Municipal Code of Chicago tit. 7, ch. 7-38, art. I

in effect

Municipal Code of Chicago § 7-38-001 All food establishments.

7-38-001 All food establishments. The provisions of this article shall apply to all food establishments, unless otherwise specified. The term "food establishment" shall include all establishments, businesses and vehicles required to be licensed pursuant to chapter 4-8. (Added Coun. J. 6-10-96, p. 23652)

Municipal Code of Chicago § 7-38-005 Food requirements.

7-38-005 Food requirements. All food shall be obtained from approved sources as defined by the rules of the Department of Health. All food shall be protected from contamination and the elements while being stored, prepared, displayed or sold at a food establishment and during transportation to or between such establishments or vending machine locations, and so shall all food equipment, containers, utensils, food-contact surfaces and devices and vehicles, in accordance with the provisions of this chapter, Chapters 4-8, 7-40 and 7-42 of this Code and the rules of the Department of Health. (Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 5-9-12, p. 27485, § 159; Amend Coun. J. 6-6-12, p. 28356, § 13; Amend Coun. J. 12-13-17, p. 63286, § 3; Amend Coun. J. 11-14-18, p. 90308, Art. II, § 2)

Municipal Code of Chicago § 7-38-010 Food handler requirements.

7-38-010 Food handler requirements. All employees who enter food processing areas, who prepare food, serve or handle in any manner unwrapped or unenclosed foods or utensils or receptacles or who handle foods on food-transporting vehicles shall maintain a high degree of personal cleanliness and conform to hygienic practices prescribed in and comply with all of the food handler requirements of the code and in the rules of the Department of Health. (Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 12-13-17, p. 63286, § 3)

Municipal Code of Chicago § 7-38-011 Food sampling in retail food establishments.

7-38-011 Food sampling in retail food establishments. Samples of food may be offered to persons within a licensed retail food establishment. If time/temperature control for safety food is prepared, held for service, or served, it shall be under the supervision of a person who holds a Department of Health food service sanitation certificate. (Added Coun. J. 4-16-97, p. 42588; Amend Coun. J. 12-13-17, p. 63286, § 3)

Municipal Code of Chicago § 7-38-012 Food service sanitation certificates.

7-38-012 Food service sanitation certificates. All food establishments shall employ and have present on the premises at all times that time/temperature control for safety food is being prepared, held for service, or served, a person in charge who holds a Department of Health food service sanitation certificate. Certification shall be achieved by successfully completing a Department approved food safety course and monitored examination offered by a Department approved provider and payment of a $45.00 certificate fee to the Department of Health. Each certificate shall expire five years from the date that the individual successfully completes the examination. Every such original and valid food service sanitation certificate shall be posted conspicuously in that part of the retail food establishment to which the public has access. A food service sanitation certificate may be suspended or revoked by the Department of Health when an establishment under the control of the certificate holder has a record of repeated violations of this Code or the rules of the Department of Health. (Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 3-10-99, p. 91043, § 2; Amend Coun. J. 5-12-99, p. 2225, § 2; Amend Coun. J. 12-13-17, p. 63286, § 3; Amend Coun. J. 11-14-18, p. 90308, Art. II, § 2)

Municipal Code of Chicago § 7-38-015 Maintenance of premises.

7-38-015 Maintenance of premises. Food establishment premises, including outdoor premises, shall be maintained in a clean, safe manner. Adequate facilities within every establishment shall be provided for the storage of employees’ personal belongings. The Commissioner of Health shall prescribe rules for the maintenance of food establishments. (Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 12-13-17, p. 63286, § 3)

Municipal Code of Chicago § 7-38-020 Control of vermin and insects.

7-38-020 Control of vermin and insects. (a) In accordance with this section and the rules of the Department of Health, all necessary control measures shall be used to effectively minimize flying insects, and eliminate the presence of rodents, roaches and other vermin and crawling insects on the premises of all food establishments, in food-transporting or mobile food vehicles and vending machines. (b) All garbage and rubbish shall be stored, removed and disposed of as prescribed in this section and the rules of the Department of Health. (c) Every food establishment shall maintain a log containing a written record of the control measures performed by exterminators. The food establishment shall keep the log on the premises of the food establishment and shall make the log open to inspection by the Department of Health, upon request. The content of the log shall be prescribed in the rules of the Department of Health. (Added Coun. J. 6-10-96, p. 23652, § 4; Amend Coun. J. 6-10-96, p. 23785; Amend Coun. J. 3-10-99, p. 91043, § 2; Amend Coun. J. 7-25-12, p. 31326, § 2; Amend Coun. J. 12-13-17, p. 63286, § 3)

Municipal Code of Chicago § 7-38-025 Equipment standards.

7-38-025 Equipment standards. All equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable, durable, kept in good repair, and in all other ways compliant with the rules of the Department of Health. (Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 12-13-17, p. 63286, § 3; Amend Coun. J. 11-14-18, p. 90308, Art. II, § 2)

Municipal Code of Chicago § 7-38-030 Compliance with city rules.

7-38-030 Compliance with city rules. (a) The floors, walls and ceilings of all rooms in which food or drink is stored, sold, offered for sale, cooked or prepared, or in which utensils and equipment are washed, shall be constructed and maintained in a manner prescribed by the building code of the City of Chicago and the rules of the Department of Health to ensure protection against contamination. (b) All rooms in which food and drink are prepared or in which utensils are washed, rinsed, and sanitized shall be well-lighted. All food establishments shall have adequate ventilation systems which comply with the applicable requirements of the ventilation and fire prevention codes of the City of Chicago and rules of the Department of Health. (c) All food establishments shall have adequate plumbing facilities that comply with all the requirements of the plumbing chapter of the Municipal Code of Chicago and the rules of the Department of Health. (d) All food establishments, including mobile food vendors, shall comply with all applicable rules of the Department of Health. (Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 12-13-17, p. 63286, § 3; Amend Coun. J. 11-14-18, p. 90308, Art. II, § 2)

Municipal Code of Chicago § 7-38-035 Submittal of plans and drawings.

7-38-035 Submittal of plans and drawings. No new food establishment shall be constructed nor shall any major alteration or replacement of existing equipment affecting the sanitary requirements of this chapter or the rules of the Department of Health be permitted unless plans or complete drawings of this construction, alteration or replacement are submitted to the Department of Health and approved prior to such remodeling or construction. This requirement does not apply to an architect or structural engineer who has completed the Department of Buildings’ self-certification program. (Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 12-13-17, p. 63286, § 3)

Municipal Code of Chicago § 7-38-040 Vehicle sanitation requirements.

7-38-040 Vehicle sanitation requirements. All vehicles used by food establishments for the carrying or transportation of foods shall comply with this chapter and the rules of the Department of Health. (Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 7-25-12, p. 31326, § 2; Amend Coun. J. 12-13-17, p. 63286, § 3)

Municipal Code of Chicago § 7-38-060 Default beverage for children's meals.

7-38-060 Default beverage for children's meals. (a) In this section: "Children's meal" means a combination of food items, sold for a single price, intended for consumption by children. "Default beverage" means a beverage included by default or presented as an option as part of a children's meal absent a specific request by the purchaser of the children's meal for an alternative beverage. "Restaurant" means a retail food establishment that prepares and serves or vends food directly to consumers. (b) Notwithstanding any other provision of law, a restaurant shall include one of the following beverages with a children's meal sold by the restaurant: (1) water with no added natural or artificial sweeteners; (2) sparkling water with no added natural or artificial sweeteners; (3) flavored water with no added natural or artificial sweeteners; (4) nonfat or 1% dairy milk containing no more than 130 calories per container or serving offered for sale; (5) nondairy milk alternatives: (A) with no added natural or artificial sweeteners; (B) containing no more than 130 calories per container or serving as offered for sale; and (C) meeting the standards for the National School Lunch Program as set forth in 7 C.F.R. 210.10; or (6) 100% fruit or vegetable juice or juice combined with water or carbonated water, with no added sweeteners, in a serving size of no more than 8 ounces. (c) A restaurant may include a beverage with a children's meal that is not listed under subsection (b) upon the meal purchaser's request. (d) Every beverage listed or displayed on a restaurant menu or in-store advertisement for a children's meal shall be one of the default beverages listed in subsection (b). (e) During any inspection of a restaurant by Department of Health, the Department of Health shall inspect the restaurant to determine whether it complies with this section. (Added Coun. J. 1-26-22, p. 43252, § 1) Editor’s note – Coun. J. 12-13-17, p. 63286, § 3, repealed former § 7-38-060, which pertained to hospitals, day nurseries, day care centers and nursing homes.

Municipal Code of Chicago § 7-38-065 Alcoholic liquor sales - Health and sanitary requirements.

7-38-065 Alcoholic liquor sales - Health and sanitary requirements. Every person licensed under Section 4-60-100 of the Municipal Code of Chicago who shall sell any alcoholic liquor for consumption on the premises of such licensee, shall keep and maintain the licensed premises equipped with hot and cold water and adequate washing and sanitizing facilities for the cleaning of glasses and service utensils, shall provide adequate toilet facilities, and shall comply with the health and sanitary requirements of the Municipal Code of Chicago and the rules of the Department of Health. (Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 12-13-17, p. 63286, § 3; Amend Coun. J. 3-28-18, p. 74459, Art. IV, § 3)

Municipal Code of Chicago § 7-38-070 Food sanitarians.

7-38-070 Food sanitarians. Any food sanitarian employed by the City of Chicago shall be empowered to enforce applicable provisions of this chapter, chapters 4-8, 7-40, 7-42, and the rules of the Department of Health. (Added Coun. J. 6-10-96, p. 23652; Amend Coun. J. 12-13-17, p. 63286, § 3)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2642181Fetched: 10/24/2026