Bill Amendment: IL HB5052 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOCAL FOOD-GOOD FOOD PROGRAM
Status: 2024-05-22 - Added Co-Sponsor Rep. La Shawn K. Ford [HB5052 Detail]
Download: Illinois-2023-HB5052-House_Amendment_002.html
Bill Title: LOCAL FOOD-GOOD FOOD PROGRAM
Status: 2024-05-22 - Added Co-Sponsor Rep. La Shawn K. Ford [HB5052 Detail]
Download: Illinois-2023-HB5052-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 5052 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5052 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Procurement Code is amended by | ||||||
5 | changing Sections 1-13 and 20-5 and by adding Article 54 as | ||||||
6 | follows:
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7 | (30 ILCS 500/1-13) | ||||||
8 | Sec. 1-13. Applicability to public institutions of higher | ||||||
9 | education. | ||||||
10 | (a) This Code shall apply to public institutions of higher | ||||||
11 | education, regardless of the source of the funds with which | ||||||
12 | contracts are paid, except as provided in this Section. | ||||||
13 | (b) Except as provided in this Section, this Code shall | ||||||
14 | not apply to procurements made by or on behalf of public | ||||||
15 | institutions of higher education for any of the following: | ||||||
16 | (1) Memberships in professional, academic, research, |
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1 | or athletic organizations on behalf of a public | ||||||
2 | institution of higher education, an employee of a public | ||||||
3 | institution of higher education, or a student at a public | ||||||
4 | institution of higher education. | ||||||
5 | (2) Procurement expenditures for events or activities | ||||||
6 | paid for exclusively by revenues generated by the event or | ||||||
7 | activity, gifts or donations for the event or activity, | ||||||
8 | private grants, or any combination thereof. | ||||||
9 | (3) Procurement expenditures for events or activities | ||||||
10 | for which the use of specific potential contractors is | ||||||
11 | mandated or identified by the sponsor of the event or | ||||||
12 | activity, provided that the sponsor is providing a | ||||||
13 | majority of the funding for the event or activity. | ||||||
14 | (4) Procurement expenditures necessary to provide | ||||||
15 | athletic, artistic or musical services, performances, | ||||||
16 | events, or productions by or for a public institution of | ||||||
17 | higher education. | ||||||
18 | (5) Procurement expenditures for periodicals, books, | ||||||
19 | subscriptions, database licenses, and other publications | ||||||
20 | procured for use by a university library or academic | ||||||
21 | department, except for expenditures related to procuring | ||||||
22 | textbooks for student use or materials for resale or | ||||||
23 | rental. | ||||||
24 | (6) Procurement expenditures for placement of students | ||||||
25 | in externships, practicums, field experiences, and for | ||||||
26 | medical residencies and rotations. |
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1 | (7) Contracts for programming and broadcast license | ||||||
2 | rights for university-operated radio and television | ||||||
3 | stations. | ||||||
4 | (8) Procurement expenditures necessary to perform | ||||||
5 | sponsored research and other sponsored activities under | ||||||
6 | grants and contracts funded by the sponsor or by sources | ||||||
7 | other than State appropriations. | ||||||
8 | (9) Contracts with a foreign entity for research or | ||||||
9 | educational activities, provided that the foreign entity | ||||||
10 | either does not maintain an office in the United States or | ||||||
11 | is the sole source of the service or product. | ||||||
12 | (10) Procurement expenditures for any ongoing software | ||||||
13 | license or maintenance agreement or competitively | ||||||
14 | solicited software purchase, when the software, license, | ||||||
15 | or maintenance agreement is available through only the | ||||||
16 | software creator or its manufacturer and not a reseller. | ||||||
17 | (11) Procurement expenditures incurred outside of the | ||||||
18 | United States for the recruitment of international | ||||||
19 | students. | ||||||
20 | (12) Procurement expenditures for contracts entered | ||||||
21 | into under the Public University Energy Conservation Act. | ||||||
22 | (13) Procurement expenditures for advertising | ||||||
23 | purchased directly from a media station or the owner of | ||||||
24 | the station for distribution of advertising. | ||||||
25 | Notice of each contract with an annual value of more than | ||||||
26 | $100,000 entered into by a public institution of higher |
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1 | education that is related to the procurement of goods and | ||||||
2 | services identified in items (1) through (13) of this | ||||||
3 | subsection shall be published in the Procurement Bulletin | ||||||
4 | within 14 calendar days after contract execution. The Chief | ||||||
5 | Procurement Officer shall prescribe the form and content of | ||||||
6 | the notice. Each public institution of higher education shall | ||||||
7 | provide the Chief Procurement Officer, on a monthly basis, in | ||||||
8 | the form and content prescribed by the Chief Procurement | ||||||
9 | Officer, a report of contracts that are related to the | ||||||
10 | procurement of goods and services identified in this | ||||||
11 | subsection. At a minimum, this report shall include the name | ||||||
12 | of the contractor, a description of the supply or service | ||||||
13 | provided, the total amount of the contract, the term of the | ||||||
14 | contract, and the exception to the Code utilized. A copy of any | ||||||
15 | or all of these contracts shall be made available to the Chief | ||||||
16 | Procurement Officer immediately upon request. The Chief | ||||||
17 | Procurement Officer shall submit a report to the Governor and | ||||||
18 | General Assembly no later than November 1 of each year that | ||||||
19 | shall include, at a minimum, an annual summary of the monthly | ||||||
20 | information reported to the Chief Procurement Officer. | ||||||
21 | (b-5) Except as provided in this subsection, the | ||||||
22 | provisions of this Code shall not apply to contracts for | ||||||
23 | medical supplies or to contracts for medical services | ||||||
24 | necessary for the delivery of care and treatment at medical, | ||||||
25 | dental, or veterinary teaching facilities used by Southern | ||||||
26 | Illinois University or the University of Illinois or at any |
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1 | university-operated health care center or dispensary that | ||||||
2 | provides care, treatment, and medications for students, | ||||||
3 | faculty, and staff. Furthermore, the provisions of this Code | ||||||
4 | do not apply to the procurement by such a facility of any | ||||||
5 | additional supplies or services that the operator of the | ||||||
6 | facility deems necessary for the effective use and functioning | ||||||
7 | of the medical supplies or services that are otherwise exempt | ||||||
8 | from this Code under this subsection (b-5). However, other | ||||||
9 | supplies and services needed for these teaching facilities | ||||||
10 | shall be subject to the jurisdiction of the Chief Procurement | ||||||
11 | Officer for Public Institutions of Higher Education who may | ||||||
12 | establish expedited procurement procedures and may waive or | ||||||
13 | modify certification, contract, hearing, process and | ||||||
14 | registration requirements required by the Code. All | ||||||
15 | procurements made under this subsection shall be documented | ||||||
16 | and may require publication in the Illinois Procurement | ||||||
17 | Bulletin. | ||||||
18 | (b-10) Procurements made by or on behalf of the University | ||||||
19 | of Illinois for investment services may be entered into or | ||||||
20 | renewed without being subject to the requirements of this | ||||||
21 | Code. Notice of intent to renew a contract shall be published | ||||||
22 | in the Illinois Public Higher Education Procurement Bulletin | ||||||
23 | at least 14 days prior to the execution of a renewal, and the | ||||||
24 | University of Illinois shall hold a public hearing for | ||||||
25 | interested parties to provide public comment. Any contract | ||||||
26 | extended, renewed, or entered pursuant to this exception shall |
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1 | be published in the Illinois Public Higher Education | ||||||
2 | Procurement Bulletin within 5 days of contract execution. | ||||||
3 | (c) Procurements made by or on behalf of public | ||||||
4 | institutions of higher education for the fulfillment of a | ||||||
5 | grant shall be made in accordance with the requirements of | ||||||
6 | this Code to the extent practical. | ||||||
7 | Upon the written request of a public institution of higher | ||||||
8 | education, the Chief Procurement Officer may waive contract, | ||||||
9 | registration, certification, and hearing requirements of this | ||||||
10 | Code if, based on the item to be procured or the terms of a | ||||||
11 | grant, compliance is impractical. The public institution of | ||||||
12 | higher education shall provide the Chief Procurement Officer | ||||||
13 | with specific reasons for the waiver, including the necessity | ||||||
14 | of contracting with a particular potential contractor, and | ||||||
15 | shall certify that an effort was made in good faith to comply | ||||||
16 | with the provisions of this Code. The Chief Procurement | ||||||
17 | Officer shall provide written justification for any waivers. | ||||||
18 | By November 1 of each year, the Chief Procurement Officer | ||||||
19 | shall file a report with the General Assembly identifying each | ||||||
20 | contract approved with waivers and providing the justification | ||||||
21 | given for any waivers for each of those contracts. Notice of | ||||||
22 | each waiver made under this subsection shall be published in | ||||||
23 | the Procurement Bulletin within 14 calendar days after | ||||||
24 | contract execution. The Chief Procurement Officer shall | ||||||
25 | prescribe the form and content of the notice. | ||||||
26 | (d) Notwithstanding this Section, a waiver of the |
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1 | registration requirements of Section 20-160 does not permit a | ||||||
2 | business entity and any affiliated entities or affiliated | ||||||
3 | persons to make campaign contributions if otherwise prohibited | ||||||
4 | by Section 50-37. The total amount of contracts awarded in | ||||||
5 | accordance with this Section shall be included in determining | ||||||
6 | the aggregate amount of contracts or pending bids of a | ||||||
7 | business entity and any affiliated entities or affiliated | ||||||
8 | persons. | ||||||
9 | (e) Notwithstanding subsection (e) of Section 50-10.5 of | ||||||
10 | this Code, the Chief Procurement Officer, with the approval of | ||||||
11 | the Executive Ethics Commission, may permit a public | ||||||
12 | institution of higher education to accept a bid or enter into a | ||||||
13 | contract with a business that assisted the public institution | ||||||
14 | of higher education in determining whether there is a need for | ||||||
15 | a contract or assisted in reviewing, drafting, or preparing | ||||||
16 | documents related to a bid or contract, provided that the bid | ||||||
17 | or contract is essential to research administered by the | ||||||
18 | public institution of higher education and it is in the best | ||||||
19 | interest of the public institution of higher education to | ||||||
20 | accept the bid or contract. For purposes of this subsection, | ||||||
21 | "business" includes all individuals with whom a business is | ||||||
22 | affiliated, including, but not limited to, any officer, agent, | ||||||
23 | employee, consultant, independent contractor, director, | ||||||
24 | partner, manager, or shareholder of a business. The Executive | ||||||
25 | Ethics Commission may promulgate rules and regulations for the | ||||||
26 | implementation and administration of the provisions of this |
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1 | subsection (e). | ||||||
2 | (e-5) Procurements made by or on behalf of public | ||||||
3 | institutions of higher education for food shall be made in | ||||||
4 | accordance with Article 54. | ||||||
5 | (f) As used in this Section: | ||||||
6 | "Grant" means non-appropriated funding provided by a | ||||||
7 | federal or private entity to support a project or program | ||||||
8 | administered by a public institution of higher education and | ||||||
9 | any non-appropriated funding provided to a sub-recipient of | ||||||
10 | the grant. | ||||||
11 | "Public institution of higher education" means Chicago | ||||||
12 | State University, Eastern Illinois University, Governors State | ||||||
13 | University, Illinois State University, Northeastern Illinois | ||||||
14 | University, Northern Illinois University, Southern Illinois | ||||||
15 | University, University of Illinois, Western Illinois | ||||||
16 | University, and, for purposes of this Code only, the Illinois | ||||||
17 | Mathematics and Science Academy. | ||||||
18 | (g) (Blank). | ||||||
19 | (h) The General Assembly finds and declares that: | ||||||
20 | (1) Public Act 98-1076, which took effect on January | ||||||
21 | 1, 2015, changed the repeal date set for this Section from | ||||||
22 | December 31, 2014 to December 31, 2016. | ||||||
23 | (2) The Statute on Statutes sets forth general rules | ||||||
24 | on the repeal of statutes and the construction of multiple | ||||||
25 | amendments, but Section 1 of that Act also states that | ||||||
26 | these rules will not be observed when the result would be |
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1 | "inconsistent with the manifest intent of the General | ||||||
2 | Assembly or repugnant to the context of the statute". | ||||||
3 | (3) This amendatory Act of the 100th General Assembly | ||||||
4 | manifests the intention of the General Assembly to remove | ||||||
5 | the repeal of this Section. | ||||||
6 | (4) This Section was originally enacted to protect, | ||||||
7 | promote, and preserve the general welfare. Any | ||||||
8 | construction of this Section that results in the repeal of | ||||||
9 | this Section on December 31, 2014 would be inconsistent | ||||||
10 | with the manifest intent of the General Assembly and | ||||||
11 | repugnant to the context of this Code. | ||||||
12 | It is hereby declared to have been the intent of the | ||||||
13 | General Assembly that this Section not be subject to repeal on | ||||||
14 | December 31, 2014. | ||||||
15 | This Section shall be deemed to have been in continuous | ||||||
16 | effect since December 20, 2011 (the effective date of Public | ||||||
17 | Act 97-643), and it shall continue to be in effect | ||||||
18 | henceforward until it is otherwise lawfully repealed. All | ||||||
19 | previously enacted amendments to this Section taking effect on | ||||||
20 | or after December 31, 2014, are hereby validated. | ||||||
21 | All actions taken in reliance on or pursuant to this | ||||||
22 | Section by any public institution of higher education, person, | ||||||
23 | or entity are hereby validated. | ||||||
24 | In order to ensure the continuing effectiveness of this | ||||||
25 | Section, it is set forth in full and re-enacted by this | ||||||
26 | amendatory Act of the 100th General Assembly. This |
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1 | re-enactment is intended as a continuation of this Section. It | ||||||
2 | is not intended to supersede any amendment to this Section | ||||||
3 | that is enacted by the 100th General Assembly. | ||||||
4 | In this amendatory Act of the 100th General Assembly, the | ||||||
5 | base text of the reenacted Section is set forth as amended by | ||||||
6 | Public Act 98-1076. Striking and underscoring is used only to | ||||||
7 | show changes being made to the base text. | ||||||
8 | This Section applies to all procurements made on or before | ||||||
9 | the effective date of this amendatory Act of the 100th General | ||||||
10 | Assembly. | ||||||
11 | (Source: P.A. 102-16, eff. 6-17-21; 102-721, eff. 5-6-22; | ||||||
12 | 102-1119, eff. 1-23-23; 103-570, eff. 1-1-24.)
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13 | (30 ILCS 500/20-5) | ||||||
14 | Sec. 20-5. Method of source selection. Unless otherwise | ||||||
15 | authorized by law, all State contracts shall be awarded by | ||||||
16 | competitive sealed bidding, in accordance with Section 20-10, | ||||||
17 | except as provided in Sections 20-15, 20-20, 20-25, 20-30, | ||||||
18 | 20-35, 30-15, and 40-20 , and 54-15 . The chief procurement | ||||||
19 | officers appointed pursuant to Section 10-20 may determine the | ||||||
20 | method of solicitation and contract for all procurements | ||||||
21 | pursuant to this Code. | ||||||
22 | (Source: P.A. 98-1076, eff. 1-1-15 .)
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23 | (30 ILCS 500/Art. 54 heading new) | ||||||
24 | ARTICLE 54. FOOD PROCUREMENT |
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1 | (30 ILCS 500/54-5 new) | ||||||
2 | Sec. 54-5. Applicability. All State agencies and | ||||||
3 | State-owned facility food contracts, including public | ||||||
4 | institutions of higher education, shall be procured in | ||||||
5 | accordance with the provisions of this Article.
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6 | (30 ILCS 500/54-10 new) | ||||||
7 | Sec. 54-10. Authority. State agency purchasing officers | ||||||
8 | and State-owned facility purchasing officers shall have the | ||||||
9 | authority to procure food.
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10 | (30 ILCS 500/54-15 new) | ||||||
11 | Sec. 54-15. Method of source selection. All State agency | ||||||
12 | and State-owned facility food contracts shall be awarded by a | ||||||
13 | competitive sealed proposal process in accordance with Section | ||||||
14 | 20-15 of this Code.
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15 | Section 10. The Local Food, Farms, and Jobs Act is amended | ||||||
16 | by changing Sections 1 and 5 and by adding Sections 12 and 35 | ||||||
17 | as follows:
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18 | (30 ILCS 595/1) | ||||||
19 | Sec. 1. Short title. This Act may be cited as the "Local | ||||||
20 | Food, Farms, and Jobs Act". This Act may be referred to as the | ||||||
21 | Good Food Purchasing Law. |
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1 | (Source: P.A. 96-579, eff. 8-18-09.)
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2 | (30 ILCS 595/5) | ||||||
3 | Sec. 5. Definitions. As used in this Act: | ||||||
4 | "Good food purchasing core values" means procurement based | ||||||
5 | on all of the following criteria: | ||||||
6 | (1) prioritizing local suppliers, especially small or | ||||||
7 | mid-sized farms, food manufacturers, or food businesses | ||||||
8 | that are privately or cooperatively operated or that are | ||||||
9 | operated as not-for-profits and that are located within | ||||||
10 | (i) a 250-mile radius of the location where the food will | ||||||
11 | be consumed for food other than meat, poultry, or seafood | ||||||
12 | or (ii) a 500-mile radius of the location where the food | ||||||
13 | will be consumed for meat, poultry, or seafood; | ||||||
14 | (2) prioritizing suppliers who are entrepreneurs of | ||||||
15 | color and community members who are most impacted by | ||||||
16 | current and historic economic marginalization, barriers to | ||||||
17 | leveraging institutional buying power, and a lack of | ||||||
18 | infrastructure, financial resources, staff time, and land; | ||||||
19 | (3) supporting community members, food producers, and | ||||||
20 | food workers who have experienced negative systemic social | ||||||
21 | or economic impacts and building partnerships with those | ||||||
22 | community members to ensure that food products and menus | ||||||
23 | reflect the interests and cultures of everyone they serve; | ||||||
24 | (4) identifying pathways for purchasing from small and | ||||||
25 | community-based suppliers for products that cannot be |
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1 | grown or harvested within the mileage limitations set | ||||||
2 | forth in item (1), such as seafood, coffee, cocoa, and | ||||||
3 | sugar; | ||||||
4 | (5) prioritizing suppliers that consider: (A) | ||||||
5 | community health and universal rights to clean air and | ||||||
6 | water; (B) reduction or elimination of synthetic | ||||||
7 | pesticides and fertilizers; (C) improved soil health and | ||||||
8 | carbon sequestration; (D) reduced fossil fuel energy | ||||||
9 | inputs and protection of water resources; (E) biodiversity | ||||||
10 | and ecological resilience; (F) food waste reduction; (vii) | ||||||
11 | greenhouse gas emission reduction; and (G) reduction or | ||||||
12 | elimination of single-use plastics and other | ||||||
13 | resource-intensive packaging and reduction of the carbon | ||||||
14 | and water footprint of food purchases; | ||||||
15 | (6) prioritizing producers and vendors that: (A) | ||||||
16 | comply with labor laws, including minimum wage laws, | ||||||
17 | through contractual requirements and enforcement; (B) | ||||||
18 | honor the right to freedom of association; (C) provide | ||||||
19 | workers with the ability to organize a union and to | ||||||
20 | bargain collectively, free from reprisal, for livable | ||||||
21 | wages and safe and healthy working conditions; (D) uphold | ||||||
22 | and implement workers' rights principles; and (E) | ||||||
23 | implement cooperative ownership, democratic | ||||||
24 | decision-making, and migrant, racial, and gender justice; | ||||||
25 | (7) prioritizing sourcing from farms and ranches that | ||||||
26 | provide healthy and more humane conditions for farm |
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1 | animals throughout the lives of the animals through | ||||||
2 | nutrition, physical environments that provide animals with | ||||||
3 | enough space and enrichments to carry out their natural | ||||||
4 | behaviors, pain control and responsible therapeutic | ||||||
5 | antibiotic use, and humane handling, transport, and | ||||||
6 | slaughter; | ||||||
7 | (8) promoting community health, nutrition, equitable | ||||||
8 | access, and food sovereignty by prioritizing high-quality | ||||||
9 | and culturally-relevant whole or minimally processed | ||||||
10 | foods, including vegetables, fruit, and whole grains, and | ||||||
11 | plant-forward meals; preservation methods such as canning | ||||||
12 | and bottling using oils, sugar, or salt are not permitted; | ||||||
13 | and | ||||||
14 | (9) in general, prioritizing products that are | ||||||
15 | certified under certifications currently endorsed by the | ||||||
16 | Center for Good Food Purchasing. | ||||||
17 | "Good food purchasing equity, accountability, and | ||||||
18 | transparency" means: | ||||||
19 | (1) having or developing a supplier or vendor | ||||||
20 | diversification plan with goals that include reporting and | ||||||
21 | accountability measures; measures should be disaggregated | ||||||
22 | by demographic group, including race and gender; | ||||||
23 | (2) planning implementation that prioritizes purchases | ||||||
24 | and addresses barriers to entry for suppliers who have | ||||||
25 | experienced negative systemic social or economic impacts | ||||||
26 | including, but not limited to, women, veterans, persons |
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1 | with disabilities, and especially people of color, across | ||||||
2 | all supply chains and to the greatest extent possible; | ||||||
3 | (3) sharing purchasing data, assessments, purchasing | ||||||
4 | targets, and implementation plans in a publicly accessible | ||||||
5 | location, including online, with community members to | ||||||
6 | facilitate engagement and transparency; | ||||||
7 | (4) engaging with community members, including, but | ||||||
8 | not limited to, people served by meal programs, food | ||||||
9 | service workers, constituents, and local food businesses, | ||||||
10 | in informing values-based purchasing decisions and | ||||||
11 | processes; | ||||||
12 | (5) developing and implementing comprehensive | ||||||
13 | institutional policies that reflect community needs and | ||||||
14 | values and prioritize transparency, racial equity, local | ||||||
15 | economies, environmental sustainability, valued | ||||||
16 | workforce, animal welfare, and community health and | ||||||
17 | nutrition within their operations and food procurement; | ||||||
18 | and | ||||||
19 | (6) ensuring that institutional policies are embedded | ||||||
20 | in agreements for contracted food services and that | ||||||
21 | mechanisms are developed to ensure compliance and | ||||||
22 | accountability through reporting and active contract | ||||||
23 | management. | ||||||
24 | "Minimally processed foods" means foods that are unaltered | ||||||
25 | or slightly altered from the food's natural state through such | ||||||
26 | processes as removal of inedible or unwanted parts, drying, |
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1 | powdering, squeezing, crushing, grinding, fractioning, | ||||||
2 | steaming, poaching, boiling, roasting, pasteurization, | ||||||
3 | chilling, freezing, placing in containers, vacuum packaging, | ||||||
4 | nonalcoholic fermentation, and other methods that do not add | ||||||
5 | to the original food, salt, sugar oils or fats, or food | ||||||
6 | substances, other than additives that prolong product | ||||||
7 | duration, protect original properties, or prevent | ||||||
8 | proliferation of microorganisms. "Minimally processed foods" | ||||||
9 | include, but are not limited to, whole grains or flours; fresh | ||||||
10 | or frozen fruits and vegetables; meat, poultry, fish, and | ||||||
11 | seafood, whole or in the form of steaks, fillets, and other | ||||||
12 | cuts; fresh or pasteurized milk, eggs, fresh or pasteurized | ||||||
13 | plain yogurt, legumes, and nuts and seeds. "Minimally | ||||||
14 | processed foods" also includes foods made of 2 or more items in | ||||||
15 | this group, such as dried mixed fruits, and foods with | ||||||
16 | vitamins and minerals generally added to replace nutrients | ||||||
17 | lost during minimal processing, such as flour fortified with | ||||||
18 | iron and folic acid. | ||||||
19 | "Local farm or food products" are products: (1) grown in | ||||||
20 | Illinois; or (2) processed and packaged in Illinois, using at | ||||||
21 | least one ingredient grown in Illinois. | ||||||
22 | (Source: P.A. 101-258, eff. 1-1-20 .)
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23 | (30 ILCS 595/12 new) | ||||||
24 | Sec. 12. Good food purchasing. | ||||||
25 | (a) No later than one year after the effective date of this |
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1 | amendatory Act of the 103rd General Assembly, each State | ||||||
2 | agency and State-owned facility that purchases food, | ||||||
3 | including, without limitation, facilities for persons with | ||||||
4 | mental health and developmental disabilities, correctional | ||||||
5 | facilities, and public institutions of higher education, | ||||||
6 | including community colleges, shall have a timely plan for | ||||||
7 | undergoing a good food purchasing baseline assessment, | ||||||
8 | conducted by a national organization equipped to conduct such | ||||||
9 | an assessment, to determine current alignment with good food | ||||||
10 | purchasing core values and good food purchasing equity, | ||||||
11 | transparency, and accountability and to ascertain how to | ||||||
12 | better meet the good food purchasing core values and good food | ||||||
13 | purchasing equity, transparency, and accountability. | ||||||
14 | (b) No later than one year after completion of the | ||||||
15 | baseline assessment under subsection (a), each State agency | ||||||
16 | and State-owned facility shall develop and adopt a multi-year | ||||||
17 | action plan with benchmarks to align food purchasing processes | ||||||
18 | with good food purchasing equity, transparency, and | ||||||
19 | accountability and food purchases with good food purchasing | ||||||
20 | core values. | ||||||
21 | (c) Upon adoption of the multi-year action plan required | ||||||
22 | under subsection (b) of this Section, each State agency and | ||||||
23 | State-owned facility shall procure food under Section 20-15 of | ||||||
24 | the Illinois Procurement Code. | ||||||
25 | (d) The year after completing the multi-year action plan | ||||||
26 | and each year thereafter, each State agency and State-owned |
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1 | facility shall undergo a good food purchasing assessment and | ||||||
2 | update its multi-year action plan to annually increase the | ||||||
3 | procurement of food that meets the good food purchasing core | ||||||
4 | values and good food purchasing equity, transparency, and | ||||||
5 | accountability. | ||||||
6 | (e) To meet the goals set forth in this Section, when a | ||||||
7 | State contract for purchase of food is to be awarded to the | ||||||
8 | lowest responsible bidder or proposer, an otherwise qualified | ||||||
9 | bidder or proposer who will fulfill the contract through the | ||||||
10 | use of food that aligns with Good Food Purchasing core values | ||||||
11 | may be given preference over other bidders or proposers. | ||||||
12 | (f) To facilitate reporting required under this Section, | ||||||
13 | all State agencies and State-owned facilities that purchase | ||||||
14 | food shall include in all invitations for bids, requests for | ||||||
15 | proposals, and contracts a requirement for vendor | ||||||
16 | data-sharing, including, but not limited to, product types, | ||||||
17 | quantities, sizes, prices, origin, processors, and | ||||||
18 | distributors. | ||||||
19 | (g) On each January 1 following adoption of a multi-year | ||||||
20 | action plan, each State agency and State-owned facility that | ||||||
21 | purchases food shall publish in its procurement bulletin and | ||||||
22 | on its website notice of its purchases of food in the | ||||||
23 | immediately preceding fiscal year, its good food purchasing | ||||||
24 | baseline and annual assessments, and its multi-year action | ||||||
25 | plan. | ||||||
26 | (h) Under the procedures laid out in under subsection (h) |
| |||||||
| |||||||
1 | of Section 5-5 of the Illinois Procurement Code, the | ||||||
2 | Procurement Policy Board may review a proposal, bid, or | ||||||
3 | contract and issue a recommendation to void a contract or | ||||||
4 | reject a proposal or bid based on a vendor, proposer or | ||||||
5 | bidder's current violation or history of violation of federal, | ||||||
6 | State, or local law, including, but not limited to, federal | ||||||
7 | labor laws under Title 29 of the United States Code and the | ||||||
8 | Minimum Wage Law.
| ||||||
9 | (30 ILCS 595/35 new) | ||||||
10 | Sec. 35. Good Food Purchasing Task Force. | ||||||
11 | (a) The Good Food Purchasing Task Force created by House | ||||||
12 | Joint Resolution 33 adopted in the 102nd General Assembly is | ||||||
13 | reestablished and shall continue with its study of current | ||||||
14 | procurement of food within the State and to explore how good | ||||||
15 | food purchasing can be implemented to maximize the procurement | ||||||
16 | of healthy foods that are sustainably, locally, and equitably | ||||||
17 | sourced. | ||||||
18 | (b) Any action taken in reliance on House Joint Resolution | ||||||
19 | 33 of the 102nd General Assembly after January 1, 2023 by any | ||||||
20 | person or entity is hereby validated. | ||||||
21 | (c) The Task Force shall consist of the following members, | ||||||
22 | who shall serve without compensation: | ||||||
23 | (1) the Lieutenant Governor or his or her designee; | ||||||
24 | (2) the Speaker of the House of Representatives or his | ||||||
25 | or her designee; |
| |||||||
| |||||||
1 | (3) the Minority Leader of the House of | ||||||
2 | Representatives or his or her designee; | ||||||
3 | (4) the Senate President or his or her designee; | ||||||
4 | (5) the Senate Minority Leader or his or her designee; | ||||||
5 | (6) one member nominated by a statewide local food | ||||||
6 | advocacy organization and appointed by the Lieutenant | ||||||
7 | Governor; | ||||||
8 | (7) one member nominated by a national multi-sector | ||||||
9 | food advocacy organization and appointed by the Lieutenant | ||||||
10 | Governor; | ||||||
11 | (8) one member nominated by a Chicago-based food | ||||||
12 | advocacy organization and appointed by the Lieutenant | ||||||
13 | Governor; | ||||||
14 | (9) one member nominated by a statewide environmental | ||||||
15 | advocacy organization and appointed by the Lieutenant | ||||||
16 | Governor; | ||||||
17 | (10) one member nominated by a statewide labor | ||||||
18 | organization that represents food workers and appointed by | ||||||
19 | the Lieutenant Governor; | ||||||
20 | (11) one member nominated by a national farm-animal | ||||||
21 | welfare organization and appointed by the Lieutenant | ||||||
22 | Governor; | ||||||
23 | (12) the Director of Commerce and Economic Opportunity | ||||||
24 | or his or her designee; | ||||||
25 | (13) the Director of the Environmental Protection | ||||||
26 | Agency or his or her designee; |
| |||||||
| |||||||
1 | (14) the Director of Public Health or his or her | ||||||
2 | designee; | ||||||
3 | (15) the Director of Natural Resources or his or her | ||||||
4 | designee; | ||||||
5 | (16) the Chief Procurement Officer for General | ||||||
6 | Services or his or her designee; | ||||||
7 | (17) the Chief Procurement Officer for Higher | ||||||
8 | Education or his or her designee; | ||||||
9 | (18) the Chief Procurement Officer for the Secretary | ||||||
10 | of State's Office or his or her designee; | ||||||
11 | (19) the Chief Procurement Officer for the Department | ||||||
12 | of Corrections or his or her designee; | ||||||
13 | (20) the Chief Procurement Officer for the Department | ||||||
14 | of Human Services or his or her designee; | ||||||
15 | (21) the Chief Procurement Officer for Central | ||||||
16 | Management Services or his or her designee; | ||||||
17 | (22) the Director of the Department of Agriculture or | ||||||
18 | his or her designee; and | ||||||
19 | (23) one member nominated by a statewide organization | ||||||
20 | that advocates for healthy nutrition and appointed by | ||||||
21 | Lieutenant Governor. | ||||||
22 | Members of the Task Force shall serve without | ||||||
23 | compensation. The Task Force members shall select a | ||||||
24 | chairperson at the first meeting of the Task Force. Any member | ||||||
25 | appointed under House Joint Resolution 33 of the 102nd General | ||||||
26 | Assembly who was a member of the Task Force at the end of the |
| |||||||
| |||||||
1 | 102nd General Assembly shall continue to serve on the Task | ||||||
2 | Force until the appointed member resigns or is otherwise | ||||||
3 | removed from the Task Force. | ||||||
4 | (d) The Department of Agriculture shall provide | ||||||
5 | administrative support for the Task Force. | ||||||
6 | (e) The task force shall submit its interim report to the | ||||||
7 | Governor and General Assembly no later than July 1, 2025 and | ||||||
8 | its final report to the Governor and General Assembly no later | ||||||
9 | than July 1, 2026. Following submission of the final report, | ||||||
10 | the Task Force shall continue to meet to monitor and support | ||||||
11 | implementation of this Act.
| ||||||
12 | (30 ILCS 595/10 rep.) | ||||||
13 | Section 15. The Local Food, Farms, and Jobs Act is amended | ||||||
14 | by repealing Section 10.
| ||||||
15 | Section 20. The Food Handling Regulation Enforcement Act | ||||||
16 | is amended by changing Section 4 as follows:
| ||||||
17 | (410 ILCS 625/4) | ||||||
18 | Sec. 4. Cottage food operation. | ||||||
19 | (a) For the purpose of this Section: | ||||||
20 | A food is "acidified" if: (i) acid or acid ingredients are | ||||||
21 | added to it to produce a final equilibrium pH of 4.6 or below; | ||||||
22 | or (ii) it is fermented to produce a final equilibrium pH of | ||||||
23 | 4.6 or below. |
| |||||||
| |||||||
1 | "Canned food" means food that has been heat processed | ||||||
2 | sufficiently under United States Department of Agriculture | ||||||
3 | guidelines to enable storing the food at normal home | ||||||
4 | temperatures. | ||||||
5 | "Cottage food operation" means an operation conducted by a | ||||||
6 | person who produces or packages food or drink, other than | ||||||
7 | foods and drinks listed as prohibited in paragraph (1.5) of | ||||||
8 | subsection (b) of this Section, in a kitchen located in that | ||||||
9 | person's primary domestic residence or another appropriately | ||||||
10 | designed and equipped kitchen on a farm for direct sale by the | ||||||
11 | owner, a family member, or employee. | ||||||
12 | "Cut leafy greens" means fresh leafy greens whose leaves | ||||||
13 | have been cut, shredded, sliced, chopped, or torn. "Cut leafy | ||||||
14 | greens" does not mean cut-to-harvest leafy greens. | ||||||
15 | "Department" means the Department of Public Health. | ||||||
16 | "Equilibrium pH" means the final potential of hydrogen | ||||||
17 | measured in an acidified food after all the components of the | ||||||
18 | food have achieved the same acidity. | ||||||
19 | "Farmers' market" means a common facility or area where | ||||||
20 | farmers gather to sell a variety of fresh fruits and | ||||||
21 | vegetables and other locally produced farm and food products | ||||||
22 | directly to consumers. | ||||||
23 | "Leafy greens" includes iceberg lettuce; romaine lettuce; | ||||||
24 | leaf lettuce; butter lettuce; baby leaf lettuce, such as | ||||||
25 | immature lettuce or leafy greens; escarole; endive; spring | ||||||
26 | mix; spinach; cabbage; kale; arugula; and chard. "Leafy |
| |||||||
| |||||||
1 | greens" does not include microgreens or herbs such as cilantro | ||||||
2 | or parsley. | ||||||
3 | "Local health department" means a State-certified health | ||||||
4 | department of a unit of local government in which a cottage | ||||||
5 | food operation is located. | ||||||
6 | "Local public health department association" means an | ||||||
7 | association solely representing 2 or more State-certified | ||||||
8 | local health departments. | ||||||
9 | "Low-acid canned food" means any canned food with a | ||||||
10 | finished equilibrium pH greater than 4.6 and a water activity | ||||||
11 | (aw) greater than 0.85. | ||||||
12 | "Microgreen" means an edible plant seedling grown in soil | ||||||
13 | or substrate and harvested above the soil or substrate line. | ||||||
14 | "Potentially hazardous food" means a food that is | ||||||
15 | potentially hazardous according to the Department's | ||||||
16 | administrative rules. Potentially hazardous food (PHF) in | ||||||
17 | general means a food that requires time and temperature | ||||||
18 | control for safety (TCS) to limit pathogenic microorganism | ||||||
19 | growth or toxin formation. | ||||||
20 | "Sprout" means any seedling intended for human consumption | ||||||
21 | that was produced in a manner that does not meet the definition | ||||||
22 | of microgreen. | ||||||
23 | (b) A cottage food operation may produce homemade food and | ||||||
24 | drink provided that all of the following conditions are met: | ||||||
25 | (1) (Blank). | ||||||
26 | (1.3) A cottage food operation must register with the |
| |||||||
| |||||||
1 | local health department for the unit of local government | ||||||
2 | in which it is located, but may sell products outside of | ||||||
3 | the unit of local government where the cottage food | ||||||
4 | operation is located. A copy of the certificate of | ||||||
5 | registration must be available upon request by any local | ||||||
6 | health department. | ||||||
7 | (1.5) A cottage food operation shall not sell or offer | ||||||
8 | to sell the following food items or processed foods | ||||||
9 | containing the following food items, except as indicated: | ||||||
10 | (A) meat, poultry, fish, seafood, or shellfish; | ||||||
11 | (B) dairy, except as an ingredient in a | ||||||
12 | non-potentially hazardous baked good or candy, such as | ||||||
13 | caramel, subject to paragraph (4), or as an ingredient | ||||||
14 | in a baked good frosting, such as buttercream; | ||||||
15 | (C) eggs, except as an ingredient in a | ||||||
16 | non-potentially hazardous food, including dry noodles, | ||||||
17 | or as an ingredient in a baked good frosting, such as | ||||||
18 | buttercream, if the eggs are not raw; | ||||||
19 | (D) pumpkin pies, sweet potato pies, cheesecakes, | ||||||
20 | custard pies, creme pies, and pastries with | ||||||
21 | potentially hazardous fillings or toppings; | ||||||
22 | (E) garlic in oil or oil infused with garlic, | ||||||
23 | except if the garlic oil is acidified; | ||||||
24 | (F) low-acid canned foods; | ||||||
25 | (G) sprouts; | ||||||
26 | (H) cut leafy greens, except for cut leafy greens |
| |||||||
| |||||||
1 | that are dehydrated, acidified, or blanched and | ||||||
2 | frozen; | ||||||
3 | (I) cut or pureed fresh tomato or melon; | ||||||
4 | (J) dehydrated tomato or melon; | ||||||
5 | (K) frozen cut melon; | ||||||
6 | (L) wild-harvested, non-cultivated mushrooms; | ||||||
7 | (M) alcoholic beverages; or | ||||||
8 | (N) kombucha. | ||||||
9 | (1.6) In order to sell canned tomatoes or a canned | ||||||
10 | product containing tomatoes, a cottage food operator shall | ||||||
11 | either: | ||||||
12 | (A) follow exactly a recipe that has been tested | ||||||
13 | by the United States Department of Agriculture or by a | ||||||
14 | state cooperative extension located in this State or | ||||||
15 | any other state in the United States; or | ||||||
16 | (B) submit the recipe, at the cottage food | ||||||
17 | operator's expense, to a commercial laboratory | ||||||
18 | according to the commercial laboratory's directions to | ||||||
19 | test that the product has been adequately acidified; | ||||||
20 | use only the varietal or proportionate varietals of | ||||||
21 | tomato included in the tested recipe for all | ||||||
22 | subsequent batches of such recipe; and provide | ||||||
23 | documentation of the annual test results of the recipe | ||||||
24 | submitted under this subparagraph upon registration | ||||||
25 | and to an inspector upon request during any inspection | ||||||
26 | authorized by subsection (d). |
| |||||||
| |||||||
1 | (2) In order to sell a fermented or acidified food, a | ||||||
2 | cottage food operation shall either: | ||||||
3 | (A) submit a recipe that has been tested by the | ||||||
4 | United States Department of Agriculture or a | ||||||
5 | cooperative extension system located in this State or | ||||||
6 | any other state in the United States; or | ||||||
7 | (B) submit a written food safety plan for each | ||||||
8 | category of products for which the cottage food | ||||||
9 | operator uses the same procedures, such as pickles, | ||||||
10 | kimchi, or hot sauce, and a pH test for a single | ||||||
11 | product that is representative of that category; the | ||||||
12 | written food safety plan shall be submitted annually | ||||||
13 | upon registration and each pH test shall be submitted | ||||||
14 | every 3 years; the food safety plan shall adhere to | ||||||
15 | guidelines developed by the Department. | ||||||
16 | (3) A fermented or acidified food shall be packaged | ||||||
17 | according to one of the following standards: | ||||||
18 | (A) A fermented or acidified food that is canned | ||||||
19 | must be processed in a boiling water bath in a | ||||||
20 | Mason-style jar or glass container with a | ||||||
21 | tight-fitting lid. | ||||||
22 | (B) A fermented or acidified food that is not | ||||||
23 | canned shall be sold in any container that is new, | ||||||
24 | clean, and seals properly and must be stored, | ||||||
25 | transported, and sold at or below 41 degrees. | ||||||
26 | (4) In order to sell a baked good with cheese, a local |
| |||||||
| |||||||
1 | health department may require a cottage food operation to | ||||||
2 | submit a recipe, at the cottage food operator's expense, | ||||||
3 | to a commercial laboratory to verify that it is | ||||||
4 | non-potentially hazardous before allowing the cottage food | ||||||
5 | operation to sell the baked good as a cottage food. | ||||||
6 | (5) For a cottage food operation that does not utilize | ||||||
7 | a municipal water supply, such as an operation using a | ||||||
8 | private well, a local health department may require a | ||||||
9 | water sample test to verify that the water source being | ||||||
10 | used meets public safety standards related to E. coli | ||||||
11 | coliform. If a test is requested, it must be conducted at | ||||||
12 | the cottage food operator's expense. | ||||||
13 | (6) A person preparing or packaging a product as part | ||||||
14 | of a cottage food operation must be a Department-approved | ||||||
15 | certified food protection manager. | ||||||
16 | (7) Food packaging must conform with the labeling | ||||||
17 | requirements of the Illinois Food, Drug and Cosmetic Act. | ||||||
18 | A cottage food product shall be prepackaged and the food | ||||||
19 | packaging shall be affixed with a prominent label that | ||||||
20 | includes the following: | ||||||
21 | (A) the name of the cottage food operation and | ||||||
22 | unit of local government in which the cottage food | ||||||
23 | operation is located; | ||||||
24 | (B) the identifying registration number provided | ||||||
25 | by the local health department on the certificate of | ||||||
26 | registration and the name of the municipality or |
| |||||||
| |||||||
1 | county in which the registration was filed; | ||||||
2 | (C) the common or usual name of the food product; | ||||||
3 | (D) all ingredients of the food product, including | ||||||
4 | any color, artificial flavor, and preservative, listed | ||||||
5 | in descending order by predominance of weight shown | ||||||
6 | with the common or usual names; | ||||||
7 | (E) the following phrase in prominent lettering: | ||||||
8 | "This product was produced in a home kitchen not | ||||||
9 | inspected by a health department that may also process | ||||||
10 | common food allergens. If you have safety concerns, | ||||||
11 | contact your local health department."; | ||||||
12 | (F) the date the product was processed; and | ||||||
13 | (G) allergen labeling as specified under federal | ||||||
14 | labeling requirements. | ||||||
15 | (8) Food packaging may include the designation | ||||||
16 | "Illinois-grown", "Illinois-sourced", or "Illinois farm | ||||||
17 | product" if the packaged product is (1) grown in Illinois; | ||||||
18 | or (2) processed and packaged in Illinois, using at least | ||||||
19 | one ingredient grown in Illinois a local farm or food | ||||||
20 | product as that term is defined in Section 5 of the Local | ||||||
21 | Food, Farms, and Jobs Act . | ||||||
22 | (9) In the case of a product that is difficult to | ||||||
23 | properly label or package, or for other reasons, the local | ||||||
24 | health department of the location where the product is | ||||||
25 | sold may grant permission to sell products that are not | ||||||
26 | prepackaged, in which case other prominent written notice |
| |||||||
| |||||||
1 | shall be provided to the purchaser. | ||||||
2 | (10) At the point of sale, notice must be provided in a | ||||||
3 | prominent location that states the following: "This | ||||||
4 | product was produced in a home kitchen not inspected by a | ||||||
5 | health department that may also process common food | ||||||
6 | allergens." At a physical display, notice shall be a | ||||||
7 | placard. Online, notice shall be a message on the cottage | ||||||
8 | food operation's online sales interface at the point of | ||||||
9 | sale. | ||||||
10 | (11) Food and drink produced by a cottage food | ||||||
11 | operation shall be sold directly to consumers for their | ||||||
12 | own consumption and not for resale. Sales directly to | ||||||
13 | consumers include, but are not limited to, sales at or | ||||||
14 | through: | ||||||
15 | (A) farmers' markets; | ||||||
16 | (B) fairs, festivals, public events, or online; | ||||||
17 | (C) pickup from the private home or farm of the | ||||||
18 | cottage food operator, if the pickup is not prohibited | ||||||
19 | by any law of the unit of local government that applies | ||||||
20 | equally to all cottage food operations; in a | ||||||
21 | municipality with a population of 1,000,000 or more, a | ||||||
22 | cottage food operator shall comply with any law of the | ||||||
23 | municipality that applies equally to all home-based | ||||||
24 | businesses; | ||||||
25 | (D) delivery to the customer; and | ||||||
26 | (E) pickup from a third-party private property |
| |||||||
| |||||||
1 | with the consent of the third-party property holder. | ||||||
2 | (12) Only food that is non-potentially hazardous may | ||||||
3 | be shipped. A cottage food product shall not be shipped | ||||||
4 | out of State. Each cottage food product that is shipped | ||||||
5 | must be sealed in a manner that reveals tampering, | ||||||
6 | including, but not limited to, a sticker or pop top. | ||||||
7 | (c) A local health department shall register any eligible | ||||||
8 | cottage food operation that meets the requirements of this | ||||||
9 | Section and shall issue a certificate of registration with an | ||||||
10 | identifying registration number to each registered cottage | ||||||
11 | food operation. A local health department may establish a | ||||||
12 | self-certification program for cottage food operators to | ||||||
13 | affirm compliance with applicable laws, rules, and | ||||||
14 | regulations. Registration shall be completed annually and the | ||||||
15 | local health department may impose a fee not to exceed $50. | ||||||
16 | (d) In the event of a consumer complaint or foodborne | ||||||
17 | illness outbreak, upon notice from a different local health | ||||||
18 | department, or if the Department or a local health department | ||||||
19 | has reason to believe that an imminent health hazard exists or | ||||||
20 | that a cottage food operation's product has been found to be | ||||||
21 | misbranded, adulterated, or not in compliance with the | ||||||
22 | conditions for cottage food operations set forth in this | ||||||
23 | Section, the Department or the local health department may: | ||||||
24 | (1) inspect the premises of the cottage food operation | ||||||
25 | in question; | ||||||
26 | (2) set a reasonable fee for the inspection; and |
| |||||||
| |||||||
1 | (3) invoke penalties and the cessation of the sale of | ||||||
2 | cottage food products until it deems that the situation | ||||||
3 | has been addressed to the satisfaction of the Department | ||||||
4 | or local health department; if the situation is not | ||||||
5 | amenable to being addressed, the local health department | ||||||
6 | may revoke the cottage food operation's registration | ||||||
7 | following a process outlined by the local health | ||||||
8 | department. | ||||||
9 | (e) A local health department that receives a consumer | ||||||
10 | complaint or a report of foodborne illness related to a | ||||||
11 | cottage food operator in another jurisdiction shall refer the | ||||||
12 | complaint or report to the local health department where the | ||||||
13 | cottage food operator is registered. | ||||||
14 | (f) By January 1, 2022, the Department, in collaboration | ||||||
15 | with local public health department associations and other | ||||||
16 | stakeholder groups, shall write and issue administrative | ||||||
17 | guidance to local health departments on the following: | ||||||
18 | (1) development of a standard registration form, | ||||||
19 | including, if applicable, a written food safety plan; | ||||||
20 | (2) development of a Home-Certification Self Checklist | ||||||
21 | Form; | ||||||
22 | (3) development of a standard inspection form and | ||||||
23 | inspection procedures; and | ||||||
24 | (4) procedures for cottage food operation workspaces | ||||||
25 | that include, but are not limited to, cleaning products, | ||||||
26 | general sanitation, and requirements for functional |
| |||||||
| |||||||