100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1469
 
Introduced 2/9/2017, by Sen. David Koehler
 
SYNOPSIS AS INTRODUCED:



410 ILCS 625/3.3
410 ILCS 625/4

 Amends the Food Handling Regulation Enforcement Act. Provides that the Department of Public Health shall work with the Farmers' Market Task Force to address farmers' market vendor complaints regarding the reasonableness of local health departments' fees and sanitation provisions. Provides that farmers' market vendors shall provide effective means to maintain potentially hazardous food at or below a specified temperature. Provides that handwashing stations may be shared by farmers' market vendors. Makes additions to the list of non-potentially hazardous foods that are allowed in provisions concerning the regulation of cottage food operations. Removes an exemption from provisions concerning the regulation of cottage food operations that applies when the gross receipts from the sale of food do not exceed $36,000 in a calendar year. Provides that no later than December 31, 2017, the Department shall include in the Department's cottage food operation application form a statement containing specified content. Makes other changes. Effective immediately.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning health.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. This Act may be referred to as the Local Food 
5Opportunities Act.

6 Section 5. The Food Handling Regulation Enforcement Act is 
7amended by changing Sections 3.3 and 4 as follows:

8 (410 ILCS 625/3.3)
9 Sec. 3.3. Farmers' markets. 
10 (a) The General Assembly finds as follows:
11  (1) Farmers' markets, as defined in subsection (b) of 
12 this Section, provide not only a valuable marketplace for 
13 farmers and food artisans to sell their products directly 
14 to consumers, but also a place for consumers to access 
15 fresh fruits, vegetables, and other agricultural products.
16  (2) Farmers' markets serve as a stimulator for local 
17 economies and for thousands of new businesses every year, 
18 allowing farmers to sell directly to consumers and capture 
19 the full retail value of their products. They have become 
20 important community institutions and have figured in the 
21 revitalization of downtown districts and rural 
22 communities.
 
 
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1  (3) Since 1999, the number of farmers' markets has 
2 tripled and new ones are being established every year. 
3 There is a lack of consistent regulation from one county to 
4 the next, resulting in confusion and discrepancies between 
5 counties regarding how products may be sold.
6  (4) In 1999, the Department of Public Health published 
7 Technical Information Bulletin/Food #30 in order to 
8 outline the food handling and sanitation guidelines 
9 required for farmers' markets, producer markets, and other 
10 outdoor food sales events.
11  (5) While this bulletin was revised in 2010, there 
12 continues to be inconsistencies, confusion, and lack of 
13 awareness by consumers, farmers, markets, and local health 
14 authorities of required guidelines affecting farmers' 
15 markets from county to county.
16  (6) Recognizing that farmers' markets serve as small 
17 business incubators and that farmers' profit margins 
18 frequently are narrow, even in direct-to-consumer retail, 
19 protecting farmers from costs of regulation that are 
20 disproportionate to their profits will help ensure the 
21 continued viability of these local farms and small 
22 businesses. 
23 (b) For the purposes of this Section:
24 "Department" means the Department of Public Health.
25 "Director" means the Director of Public Health.
26 "Farmers' market" means a common facility or area where the 
 
 
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1primary purpose is for farmers to gather to sell a variety of 
2fresh fruits and vegetables and other locally produced farm and 
3food products directly to consumers.
4 "Task Force" means the Farmers' Market Task Force. 
5 (c) In order to facilitate the orderly and uniform 
6statewide implementation and affordability of the standards 
7established in the Department of Public Health's 
8administrative rules for this Section, the Farmers' Market Task 
9Force shall be formed by the Director to assist the Department 
10in implementing statewide administrative regulations for 
11farmers' markets.
12 (d)
This Section does not intend and shall not be construed 
13to limit the power of counties, municipalities, and other local 
14government units to regulate farmers' markets for the 
15protection of the public health, safety, morals, and welfare, 
16including, but not limited to, licensing requirements and time, 
17place, and manner restrictions, except as specified in this 
18Act. This Section provides for a statewide scheme for the 
19orderly and consistent interpretation of the Department's 
20Department of Public Health administrative rules pertaining to 
21the safety of food and food products sold at farmers' markets.
22 (e) The Farmers' Market Task Force shall consist of at 
23least 24 members appointed within
60 days after August 16, 2011 
24(the effective date of this Section). Task Force members shall 
25consist of:
26  (1) one person appointed by the President of the 
 
 
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1 Senate;
2  (2) one person appointed by the Minority Leader of the 
3 Senate;
4  (3) one person appointed by the Speaker of the House of 
5 Representatives;
6  (4) one person appointed by the Minority Leader of the 
7 House of Representatives;
8  (5) the Director of Public Health or his or her 
9 designee;
10  (6) the Director of Agriculture or his or her designee;
11  (7) a representative of a general agricultural 
12 production association appointed by the Department of 
13 Agriculture;
14  (8) three representatives of local county public 
15 health departments appointed by the Director and selected 
16 from 3 different counties representing each of the 
17 northern, central, and southern portions of this State;
18  (9) four members of the general public who are engaged 
19 in local farmers' markets appointed by the Director of 
20 Agriculture;
21  (10) a representative of an association representing 
22 public health administrators appointed by the Director;
23  (11) a representative of an organization of public 
24 health departments that serve the City of Chicago and the 
25 counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, 
26 Will, and Winnebago appointed by the Director;
 
 
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1  (12) a representative of a general public health 
2 association appointed by the Director;
3  (13) the Director of Commerce and Economic Opportunity 
4 or his or her designee;
5  (14) the Lieutenant Governor or his or her designee; 
6 and
7  (15) five farmers who sell their farm products at 
8 farmers' markets appointed by the Lieutenant Governor or 
9 his or her designee. 
10 Task Force members' terms shall be for a period of 2 years, 
11with ongoing appointments made according to the provisions of 
12this Section.
13 (f) The Task Force shall be convened by the Director or his 
14or her designee. Members shall elect a Task Force Chair and 
15Co-Chair.
16 (g) Meetings may be held via conference call, in person, or 
17both. Three members of the Task Force may call a meeting as 
18long as a 5-working-day notification is sent via mail, e-mail, 
19or telephone call to each member of the Task Force.
20 (h) Members of the Task Force shall serve without 
21compensation.
22 (i) The Task Force shall undertake a comprehensive and 
23thorough review of the current Statutes and administrative 
24rules that define which products and practices are permitted 
25and which products and practices are not permitted at farmers' 
26markets and to assist the Department in developing statewide 
 
 
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1administrative regulations for farmers' markets.
2 (j) The Task Force shall advise the Department regarding 
3the content of any administrative rules adopted under this 
4Section and Sections 3.4, 3.5, and 4 of this Act prior to 
5adoption of the rules. Any administrative rules, except 
6emergency rules adopted pursuant to Section 5-45 of the 
7Illinois Administrative Procedure Act, adopted under this 
8Section without obtaining the advice of the Task Force are null 
9and void. If the Department fails to follow the advice of the 
10Task Force, the Department shall, prior to adopting the rules, 
11transmit a written explanation to the Task Force. If the Task 
12Force, having been asked for its advice, fails to advise the 
13Department within 90 days after receiving the rules for review, 
14the rules shall be considered to have been approved by the Task 
15Force.
16 (k) The Department of Public Health shall provide staffing 
17support to the Task Force and shall help to prepare, print, and 
18distribute all reports deemed necessary by the Task Force.
19 (l) The Task Force may request assistance from any entity 
20necessary or useful for the performance of its duties. The Task 
21Force shall issue a report annually to the Secretary of the 
22Senate and the Clerk of the House.
23 (m) The following provisions shall apply concerning 
24statewide farmers' market food safety guidelines:
25  (1) The Director, in accordance with this Section, 
26 shall adopt administrative rules (as provided by the 
 
 
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1 Illinois Administrative Procedure Act) for foods found at 
2 farmers' markets.
3  (2) The rules and regulations described in this Section 
4 shall be consistently enforced by local health authorities 
5 throughout the State.
6  (2.5) Notwithstanding any other provision of law 
7 except as provided in this Section, local public health 
8 departments and all other units of local government are 
9 prohibited from creating sanitation guidelines, rules, or 
10 regulations for farmers' markets that are more stringent 
11 than those farmers' market sanitation regulations 
12 contained in the administrative rules adopted by the 
13 Department for the purposes of implementing this Section 
14 and Sections 3.4, 3.5, and 4 of this Act. Except as 
15 provided for in Sections 3.4 and 4 of this Act, this 
16 Section does not intend and shall not be construed to limit 
17 the power of local health departments and other government 
18 units from requiring licensing and permits for the sale of 
19 commercial food products, processed food products, 
20 prepared foods, and potentially hazardous foods at 
21 farmers' markets or conducting related inspections and 
22 enforcement activities, so long as those permits and 
23 licenses do not include unreasonable fees or sanitation 
24 provisions and rules that are more stringent than those 
25 laid out in the administrative rules adopted by the 
26 Department for the purposes of implementing this Section 
 
 
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1 and Sections 3.4, 3.5, and 4 of this Act. 
2  (2.6) The Department shall work with the Task Force to 
3 address farmers' market vendor complaints regarding the 
4 reasonableness of local health departments' fees and 
5 sanitation provisions, through such means as comparison 
6 with other local health departments and requests for 
7 written justification from any local health department 
8 indicated in a complaint. The Task Force and Department 
9 shall resolve such complaints in a manner consistent with 
10 the purposes of this Act to provide uniform statewide 
11 implementation and affordability of farmers' market rules. 
12  (3) In the case of alleged non-compliance with the 
13 provisions described in this Section, local health 
14 departments shall issue written notices to vendors and 
15 market managers of any noncompliance issues.
16  (4) Produce and food products coming within the scope 
17 of the provisions of this Section shall include, but not be 
18 limited to, raw agricultural products, including fresh 
19 fruits and vegetables; popcorn, grains, seeds, beans, and 
20 nuts that are whole, unprocessed, unpackaged, and 
21 unsprouted; fresh herb springs and dried herbs in bunches; 
22 baked goods sold at farmers' markets; cut fruits and 
23 vegetables; milk and cheese products; ice cream; syrups; 
24 wild and cultivated mushrooms; apple cider and other fruit 
25 and vegetable juices; herb vinegar; garlic-in-oil; 
26 flavored oils; pickles, relishes, salsas, and other canned 
 
 
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1 or jarred items; shell eggs; meat and poultry; fish; 
2 ready-to-eat foods; commercially produced prepackaged food 
3 products; and any additional items specified in the 
4 administrative rules adopted by the Department to 
5 implement Section 3.3 of this Act.
6 (n) Local health department regulatory guidelines may be 
7applied to foods not often found at farmers' markets, all other 
8food products not regulated by the Department of Agriculture 
9and the Department of Public Health, as well as live animals to 
10be sold at farmers' markets.
11 (o) The Task Force shall issue annual reports to the 
12Secretary of the Senate and the Clerk of the House with 
13recommendations for the development of administrative rules as 
14specified. The first report shall be issued no later than 
15December 31, 2012.
16 (p) The Department of Public Health and the Department of 
17Agriculture, in conjunction with the Task Force, shall adopt 
18administrative rules necessary to implement, interpret, and 
19make specific the provisions of this Section, including, but 
20not limited to, rules concerning labels, sanitation, and food 
21product safety according to the realms of their jurisdiction in 
22accordance with subsection (j) of this Section. 

23 (q) The Department and the Task Force shall work together 
24to create a food sampling training and license program as 
25specified in Section 3.4 of this Act. 
26 (r) In addition to any rules adopted pursuant to subsection 
 
 
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1(p) of this Section, the following provisions shall be applied 
2uniformly throughout the State:
3  (1) Farmers market vendors shall provide effective 
4 means to maintain potentially hazardous food, as defined in 
5 Section 4 of this Act, at 41 degrees Fahrenheit or below. 
6 As an alternative to mechanical refrigeration, an 
7 effectively insulated, hard-sided, cleanable container 
8 with sufficient ice or other cooling means that is intended 
9 for the storage of potentially hazardous food shall be 
10 used. Local health departments shall not limit vendors' 
11 choice of refrigeration or cooling equipment and shall not 
12 charge a fee or for use of such equipment.
13  (2) Handwashing stations may be shared by farmers' 
14 market vendors. 
15(Source: P.A. 98-660, eff. 6-23-14; 99-9, eff. 7-10-15; 99-191, 
16eff. 1-1-16; 99-642, eff. 7-28-16.)

17 (410 ILCS 625/4)
18 Sec. 4. Cottage food operation.
19 (a) For the purpose of this Section:
20 "Cottage food operation" means an operation conducted by a 
21person who produces or packages non-potentially hazardous food 
22in a kitchen located in that person's primary domestic 
23residence or another appropriately designed and equipped 
24residential or commercial-style kitchen on that property for 
25direct sale by the owner, a family member, or employee stored 
 
 
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1in the residence or appropriately designed and equipped 
2residential or commercial-style kitchen on that property where 
3the food is made.
4 "Department" means the Department of Public Health. 
5 "Farmers' market" means a common facility or area where

6farmers gather to sell a variety of fresh fruits and vegetables

7and other locally produced farm and food products directly to

8consumers. 
9 "Main ingredient" means an agricultural product that is the 
10defining or distinctive ingredient in a cottage food product, 
11though not necessarily by predominance of weight. 
12 "Potentially hazardous food" means a food that is 
13potentially hazardous according to the Department's 
14administrative rules. Potentially hazardous food (PHF) in 
15general means a food that requires time and temperature control 
16for safety (TCS) to limit pathogenic microorganism growth or 
17toxin formation.
18 (b) Notwithstanding any other provision of law and except 
19as provided in subsections (c), (d), and (e) of this Section, 
20neither the Department nor the Department of Agriculture nor 
21the health department of a unit of local government may 
22regulate the service of food by a cottage food operation 
23providing that all of the following conditions are met:
24  (1) The food is a non-potentially hazardous baked good, 
25 jam, jelly, preserve, fruit butter, dry herb, dry herb 
26 blend, dry tea blend, or similar product as adopted and 
 
 
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1 specified by Department rules pursuant to subsection (e) of 
2 this Section, and is intended for end-use only. In addition 
3 to any foods added by the Department through rules pursuant 
4 to subsection (e) of this Section The following provisions 
5 shall apply:
6   (A) The following jams, jellies and preserves are 
7 allowed: apple, apricot, grape, peach, plum, quince, 
8 orange, nectarine, tangerine, blackberry, raspberry, 
9 blueberry, boysenberry, cherry, cranberry, strawberry, 
10 red currants, or a combination of these fruits. Any 
11 other jams, jellies, or preserves not listed may be 
12 produced by a cottage food operation provided their 
13 recipe has been tested and documented by a commercial 
14 laboratory, at the expense of the cottage food 
15 operation, as being not potentially hazardous, 
16 containing a pH equilibrium of less than 4.6 or has 
17 been specified and adopted as allowed in 
18 administrative rules by the Department pursuant to 
19 subsection (e) of this Section.
20   (B) The following fruit butters are allowed: 
21 apple, apricot, grape, peach, plum, quince, and prune. 
22 Pumpkin butter, banana butter, and pear butter are not 
23 allowed. Fruit butters not listed may be produced by a 
24 cottage food operation provided their recipe has been 
25 tested and documented by a commercial laboratory, at 
26 the expense of the cottage food operation, as being not 
 
 
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1 potentially hazardous, containing a pH equilibrium of 
2 less than 4.6 or has been specified and adopted as 
3 allowed in administrative rules by the Department 
4 pursuant to subsection (e) of this Section.
5   (C) Baked goods, such as, but not limited to, 
6 breads, cookies, cakes, pies, and pastries are 
7 allowed. Only high-acid fruit pies that use the 
8 following fruits are allowed: apple, apricot, grape, 
9 peach, plum, quince, orange, nectarine, tangerine, 
10 blackberry, raspberry, blueberry, boysenberry, cherry, 
11 cranberry, strawberry, red currants or a combination 
12 of these fruits. Fruit pies not listed may be produced 
13 by a cottage food operation provided their recipe has 
14 been tested and documented by a commercial laboratory, 
15 at the expense of the cottage food operation, as being 
16 not potentially hazardous, containing a pH equilibrium 
17 of less than 4.6 or has been specified and adopted as 
18 allowed in administrative rules by the Department 
19 pursuant to subsection (e) of this Section. The 
20 following are potentially hazardous and prohibited 
21 from production and sale by a cottage food operation: 
22 pumpkin pie, sweet potato pie, cheesecake, custard 
23 pies, creme pies, and pastries with potentially 
24 hazardous fillings or toppings.
25   (D) Acidified foods, such as pickled or fermented 
26 vegetables or kombucha, provided that the recipe of the 
 
 
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1 acidified food has been tested and documented by a 
2 commercial laboratory, at the expense of the cottage 
3 food operation, as having a pH of less than 4.6, are 
4 allowed.
5   (E) Condiments, such as mustard, ketchup, relish, 
6 or sauces, provided that the recipe of the condiment 
7 has been tested and documented by a commercial 
8 laboratory, at the expense of the cottage food 
9 operation, as having a pH of less than 4.6, are 
10 allowed.
11   (F) Dry herbs and dry herb blends, dry tea and dry 
12 tea blends, dried fruits, dried vegetables, candy, 
13 confections, coffee, granola, dry cereal, nuts and nut 
14 mixes, tortillas and other stove-top breads or wraps, 
15 maple syrup, maple sugar, popped popcorn with or 
16 without flavor added, flavored vinegar, flavored 
17 honey, dried noodles, milled grain flour or meal, or 
18 similar items, are allowed. 
19  (2) The food is to be sold at a farmers' market, with 
20 the exception that cottage foods that have a locally grown 
21 agricultural product as the main ingredient may be sold on 
22 the farm where the agricultural product is grown or 
23 delivered directly to the consumer.
24  (3) (Blank). Gross receipts from the sale of food 
25 exempted under this Section do not exceed $36,000 in a 
26 calendar year.
 
 
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1  (4) The food packaging conforms to the labeling 
2 requirements of the Illinois Food, Drug and Cosmetic Act 
3 and includes the following information on the label of each 
4 of its products:
5   (A) the name and address of the cottage food 
6 operation;
7   (B) the common or usual name of the food product;
8   (C) all ingredients of the food product, including 
9 any colors, artificial flavors, and preservatives, 
10 listed in descending order by predominance of weight 
11 shown with common or usual names;
12   (D) the following phrase: "This product was 
13 produced in a home kitchen not subject to public health 
14 inspection that may also process common food 
15 allergens.";
16   (E) the date the product was processed; and
17   (F) allergen labeling as specified in federal 
18 labeling requirements.
19  (5) The name and residence of the person preparing and 
20 selling products as a cottage food operation is registered 
21 with the health department of a unit of local government 
22 where the cottage food operation resides. No fees shall be 
23 charged for registration. Registration shall be for a 
24 minimum period of one year. 
25  (6) The person preparing or packaging products as a 
26 cottage food operation has a Department approved Food 
 
 
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1 Service Sanitation Management Certificate.
2  (7) At the point of sale a placard is displayed in a 
3 prominent location that states the following: "This 
4 product was produced in a home kitchen not subject to 
5 public health inspection that may also process common food 
6 allergens.".
7 (c) Notwithstanding the provisions of subsection (b) of 
8this Section, if the Department or the health department of a 
9unit of local government has received a consumer complaint or 
10has reason to believe that an imminent health hazard exists or 
11that a cottage food operation's product has been found to be 
12misbranded, adulterated, or not in compliance with the 
13exception for cottage food operations pursuant to this Section, 
14then it may invoke cessation of sales until it deems that the 
15situation has been addressed to the satisfaction of the 
16Department.
17 (d) Notwithstanding the provisions of subsection (b) of 
18this Section, a State-certified local public health department 
19may, upon providing a written statement to the Department, 
20regulate the service of food by a cottage food operation. The 
21regulation by a State-certified local public health department 
22may include all of the following requirements: 
23  (1) That the cottage food operation (A) register with 
24 the State-certified local public health department, which 
25 shall be for a minimum of one year and include a reasonable 
26 fee set by the State-certified local public health 
 
 
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1 department that is no greater than $25 notwithstanding 
2 paragraph (5) of subsection (b) of this Section and (B) 
3 agree in writing at the time of registration to grant 
4 access to the State-certified local public health 
5 department to conduct an inspection of the cottage food 
6 operation's primary domestic residence in the event of a 
7 consumer complaint or foodborne illness outbreak.
8  (2) That in the event of a consumer complaint or 
9 foodborne illness outbreak the State-certified local 
10 public health department is allowed to (A) inspect the 
11 premises of the cottage food operation in question and (B) 
12 set a reasonable fee for that inspection. 

13 (e) The Department may adopt rules as may be necessary to 
14implement the provisions of this Section. No later than 
15December 31, 2017, the Department shall include in the 
16Department's cottage food operation application form a 
17statement expressing that the cottage food producer 
18understands that food safety is the responsibility of the 
19cottage food operation and that the producer is strongly 
20encouraged to seek liability insurance and additional 
21voluntary food safety training pertaining to the food items 
22prepared by the cottage food operation. This statement shall be 
23followed with a signature line affirming the applicant's 
24understanding. 
25(Source: P.A. 98-660, eff. 6-23-14; 99-191, eff. 1-1-16.)


26 Section 99. Effective date. This Act takes effect upon 
 
 
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1becoming law.