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assign an individual to a job involving food handling in any case <br /> in which such individual has an infectious or communicable disease <br /> that is : (i) transmitted to others through the handling of food; <br /> (ii) is included on the list developed by the Secretary of the <br /> United States Department of Health and Human Services pursuant to <br /> section 103 (d) of the Americans with Disabilities Act of 1990 , (42 <br /> U. S .C . §5 12101, et . seq. ) ; and (iii ) cannot be eliminated by <br /> reasonable accommodation. Nothing in this subsection shall be <br /> construed to preempt, modify, or amend any state, county, or local <br /> law, ordinance, or regulation applicable to food handling. <br /> (b) (1) For purposes of this Article the term "qualified <br /> individual with a disability" shall not include any employee .or <br /> applicant who is currently engaging in the illegal use of drugs , <br /> when the covered entity acts on the basis of such use. However, an <br /> individual shall not be excluded as a qualified individual with a <br /> disability who : <br /> (a) has successfully completed a supervised drug <br /> rehabilitation program and is no .longer engaging in the <br /> illegal use of drugs, or has otherwise been rehabilitated <br /> successfully and is no longer engaging in such use; or <br /> (b) is participating in a supervised rehabilitation <br /> program and is no longer engaging in such use; or <br /> (c) is erroneously regarded as engaging in such use . <br /> (b) (2 ) It is not a violation of this Ordinance for a covered <br /> entity to adopt or administer reasonable policies or procedures, <br /> including but not limited to drug testing, designed to ensure that <br /> 18 <br />