Bill Text: IL HB5025 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the Food Handling Regulation Enforcement Act. In provisions regarding farmers' markets, removes language regarding administrative rules. Provides that a farmer who engages in the retail sale of potentially hazardous foods prepackaged in a licensed or permitted processing facility may be required to obtain a Farmers' Market Retail Permit from each unit of local government in which a sale takes place. Contains specified requirements that may apply to the permit. Provides that a Farmers' Market Retail Permit shall be valid for one year and that the fee for obtaining a Farmers' Market Retail Permit shall not exceed $50. Exempts farmers who sell eggs directly to a customer at a farmers' market from regulation of the sale by the farmer's local health department if the farmer has an Egg License issued by the Department of Agriculture. Removes language listing produce and food products coming within the scope of the provisions. Makes other changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5025 Detail]

Download: Illinois-2021-HB5025-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5025 Introduced , by Rep. Thomas M. Bennett SYNOPSIS AS INTRODUCED:
410 ILCS 625/3.3
Amends the Food Handling Regulation Enforcement Act. In provisions regarding farmers' markets, removes language regarding administrative rules. Provides that a farmer who engages in the retail sale of potentially hazardous foods prepackaged in a licensed or permitted processing facility may be required to obtain a Farmers' Market Retail Permit from each unit of local government in which a sale takes place. Contains specified requirements that may apply to the permit. Provides that a Farmers' Market Retail Permit shall be valid for one year and that the fee for obtaining a Farmers' Market Retail Permit shall not exceed $50. Exempts farmers who sell eggs directly to a customer at a farmers' market from regulation of the sale by the farmer's local health department if the farmer has an Egg License issued by the Department of Agriculture. Removes language listing produce and food products coming within the scope of the provisions. Makes other changes.
LRB102 25266 CPF 34539 b
A BILL FOR
HB5025 LRB102 25266 CPF 34539 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Food Handling Regulation Enforcement Act is
amended by changing Section 3.3 as follows:
(410 ILCS 625/3.3)
Sec. 3.3. Farms and farmers' Farmers' markets; Farmers'
Market Retail Permits.
(a) The General Assembly finds as follows:
(1) Farmers' markets, as defined in subsection (b) of
this Section, provide not only a valuable marketplace for
farmers and food artisans to sell their products directly
to consumers, but also a place for consumers to access
fresh fruits, vegetables, and other agricultural products.
(2) Farmers' markets serve as a stimulator for local
economies and for thousands of new businesses every year,
allowing farmers to sell directly to consumers and capture
the full retail value of their products. They have become
important community institutions and have figured in the
revitalization of downtown districts and rural
communities.
(3) Since 1999, the number of farmers' markets has
tripled and new ones are being established every year.

HB5025 - 2 - LRB102 25266 CPF 34539 b
There is a lack of consistent regulation from one county
to the next, resulting in confusion and discrepancies
between counties regarding how products may be sold. There
continue to be inconsistencies, confusion, and lack of
awareness by consumers, farmers, markets, and local health
authorities of required guidelines affecting farmers'
markets from county to county.
(4) (Blank).
(5) (Blank).
(6) Recognizing that farmers' markets serve as small
business incubators and that farmers' profit margins
frequently are narrow, even in direct-to-consumer retail,
protecting farmers from costs of regulation that are
disproportionate to their profits will help ensure the
continued viability of these local farms and small
businesses.
(b) For the purposes of this Section:
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"Farmer" means an individual who is a resident of Illinois
and owns or leases land in Illinois that is used as a farm, as
that term is defined in Section 1-60 of the Property Tax Code,
or that individual's employee.
"Farmers' market" means a common facility or area where
the primary purpose is for farmers to gather to sell a variety
of fresh fruits and vegetables and other locally produced farm

HB5025 - 3 - LRB102 25266 CPF 34539 b
and food products directly to consumers.
"Local health department" means a State-certified health
department of a unit of local government.
(c) (Blank).
(d) This Section does not intend and shall not be
construed to limit the power of counties, municipalities, and
other local government units to regulate farmers' markets for
the protection of the public health, safety, morals, and
welfare, including, but not limited to, licensing requirements
and time, place, and manner restrictions, except as specified
in this Act. This Section provides for a statewide scheme for
the orderly and consistent regulation interpretation of the
Department's administrative rules pertaining to the safety of
food and food products sold at farmers' markets.
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) (Blank).
(l) (Blank).
(m) The following provisions shall apply concerning
statewide retail sale of farm products at farmers' markets
farmers' market food safety guidelines:
(1) (Blank). The Director, in accordance with this

HB5025 - 4 - LRB102 25266 CPF 34539 b
Section, shall adopt administrative rules (as provided by
the Illinois Administrative Procedure Act) for foods found
at farmers' markets.
(2) The rules and regulations described in this
Section shall be consistently enforced by local health
authorities throughout the State.
(2.5) Notwithstanding any other provision of law
except as provided in this Section, local public health
departments and all other units of local government are
prohibited from creating sanitation guidelines, rules, or
regulations for farmers' markets that are more stringent
than those farmers' market sanitation regulations
contained in this Section. the administrative rules
adopted by the Department for the purposes of implementing
this Section and Sections 3.4, 3.5, and 4 of this Act.
Except as provided for in Sections 3.4 and 4 of this Act,
this Section does not intend and shall not be construed to
limit the power of local health departments and other
government units from requiring licensing and permits for
the sale of commercial food products, processed food
products, prepared foods, and potentially hazardous foods
at farmers' markets or conducting related inspections and
enforcement activities, so long as those permits and
licenses do not include unreasonable fees or sanitation
provisions and rules that are more stringent than those
laid out in the administrative rules adopted by the

HB5025 - 5 - LRB102 25266 CPF 34539 b
Department for the purposes of implementing this Section
and Sections 3.4, 3.5, and 4 of this Act.
(2.10) A farmer who engages in the retail sale of
potentially hazardous foods prepackaged in a licensed or
permitted processing facility, such as meat, poultry, or
dairy, may be required to obtain a Farmers' Market Retail
Permit from each unit of local government in which a sale
takes place. As part of the permitting process, a local
health department may require the following:
(A) The address of the farm from which the
potentially hazardous foods came and the contact
information of the farm's owner.
(B) A list of products intended for sale.
(C) A thermometer for each refrigeration unit,
including, but not limited to, a refrigerator, fridge,
freezer, or cooler, that is accurate to plus or minus 3
degrees Fahrenheit.
(D) All equipment and utensils are maintained in
good condition, meaning that there are no chips,
pitting, or other similar wear.
(E) Effective means to maintain cold food
temperatures below 41 degrees Fahrenheit in accordance
with paragraph (1) of subsection (r).
(F) For meat, dairy, or poultry products that do
not require refrigeration, a product hazard analysis
and critical control point (HACCP) or food safety plan

HB5025 - 6 - LRB102 25266 CPF 34539 b
from a State-licensed processing facility as evidence
of product safety at specific temperatures for the
specified duration that the product is not
refrigerated.
(G) The name and contact information of the
licensed or permitted facility at which a product was
processed.
(H) A product may not be further processed beyond
the state received from the licensed or permitted
facility at which the product was processed.
(I) If selling meat, poultry, or dairy products
that are not the farmer's own, proof of additional
licensing by the State, such as a meat broker license
issued by the Department of Agriculture.
(2.15) A Farmers' Market Retail Permit shall be valid
for one year. The fee for obtaining a Farmers' Market
Retail Permit shall not exceed $50. A local health
department may inspect a farmer who has been issued a
Farmers' Market Retail Permit while he or she is vending
at a farmers' market or semi-permanent event to ensure
compliance with this Section. A local health department
may elect not to require a Farmers' Market Retail Permit.
(2.20) A farmer who sells eggs directly to a customer
at a farmers' market is exempt from regulation of the sale
by the farmer's local health department if the farmer has
an Egg License issued by the Department of Agriculture.

HB5025 - 7 - LRB102 25266 CPF 34539 b
(3) In the case of alleged noncompliance with the
provisions described in this Section, local health
departments shall issue written notices to vendors and
market managers of any noncompliance issues. Citations may
be issued to farmers who do not have or display their
Farmers' Market Retail Permits. Repeat violations may
result in fines or Farmers' Market Retail Permit
suspension by a local health department.
(4) (Blank). Produce and food products coming within
the scope of the provisions of this Section shall include,
but not be limited to, raw agricultural products,
including fresh fruits and vegetables; popcorn, grains,
seeds, beans, and nuts that are whole, unprocessed,
unpackaged, and unsprouted; fresh herb sprigs and dried
herbs in bunches; baked goods sold at farmers' markets;
cut fruits and vegetables; milk and cheese products; ice
cream; syrups; wild and cultivated mushrooms; apple cider
and other fruit and vegetable juices; herb vinegar;
garlic-in-oil; flavored oils; pickles, relishes, salsas,
and other canned or jarred items; shell eggs; meat and
poultry; fish; ready-to-eat foods; commercially produced
prepackaged food products; and any additional items
specified in the administrative rules adopted by the
Department to implement Section 3.3 of this Act.
(n) Local health department regulatory guidelines may be
applied to foods not often found at farmers' markets, all

HB5025 - 8 - LRB102 25266 CPF 34539 b
other food products not regulated by the Department of
Agriculture and the Department of Public Health, as well as
live animals to be sold at farmers' markets.
(o) (Blank).
(p) The Department of Public Health and the Department of
Agriculture shall adopt administrative rules necessary to
implement, interpret, and make specific the provisions of this
Section, including, but not limited to, rules concerning
labels, sanitation, and food product safety according to the
realms of their jurisdiction.
(q) The Department shall create a food sampling training
and license program as specified in Section 3.4 of this Act.
(r) In addition to any rules adopted pursuant to
subsection (p) of this Section, the following provisions shall
be applied uniformly throughout the State, including to home
rule units, except as otherwise provided in this Act:
(1) Farmers market vendors shall provide effective
means to maintain potentially hazardous food, as defined
in Section 4 of this Act, at 41 degrees Fahrenheit or
below. As an alternative to mechanical refrigeration, an
effectively insulated, hard-sided, cleanable container
with sufficient ice or other cooling means that is
intended for the storage of potentially hazardous food
shall be used. Local health departments shall not limit
vendors' choice of refrigeration or cooling equipment and
shall not charge a fee for use of such equipment. Local

HB5025 - 9 - LRB102 25266 CPF 34539 b
health departments shall not be precluded from requiring
an effective alternative form of cooling if a vendor is
unable to maintain food at the appropriate temperature.
(2) Handwashing stations may be shared by farmers'
market vendors if handwashing stations are accessible to
vendors.
(Source: P.A. 100-488, eff. 6-1-18; 100-805, eff. 1-1-19;
101-81, eff. 7-12-19.)