Bill Text: IL SB3195 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Food Handling Regulation Enforcement Act. Abolishes the Farmers' Market Task Force and makes corresponding changes. Makes changes in provisions concerning legislative findings.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0805 [SB3195 Detail]

Download: Illinois-2017-SB3195-Engrossed.html

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SB3195 Engrossed LRB100 15824 MJP 30933 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 Sections 3.3 and 3.4 as follows:
(410 ILCS 625/3.3)
(Text of Section before amendment by P.A. 100-488)
Sec. 3.3. Farmers' markets.
(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.

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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
continues 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). In 1999, the Department of Public Health
published Technical Information Bulletin/Food #30 in order
to outline the food handling and sanitation guidelines
required for farmers' markets, producer markets, and other
outdoor food sales events.
(5) (Blank). While this bulletin was revised in 2010,
there continues 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.
(b) For the purposes of this Section:
"Department" means the Department of Public Health.
"Director" means the Director of Public Health.
"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 and
food products directly to consumers.
(c) (Blank). In order to facilitate the orderly and uniform
statewide implementation of the standards established in the

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Department of Public Health's administrative rules for this
Section, the Farmers' Market Task Force shall be formed by the
Director to assist the Department in implementing statewide
administrative regulations for farmers' markets.
(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. This Section provides for a
statewide scheme for the orderly and consistent interpretation
of the Department of Public Health administrative rules
pertaining to the safety of food and food products sold at
farmers' markets.
(e) (Blank). The Farmers' Market Task Force shall consist
of at least 24 members appointed within 60 days after August
16, 2011 (the effective date of this Section). Task Force
members shall consist of:
(1) one person appointed by the President of the
Senate;
(2) one person appointed by the Minority Leader of the
Senate;
(3) one person appointed by the Speaker of the House of
Representatives;
(4) one person appointed by the Minority Leader of the
House of Representatives;

SB3195 Engrossed - 4 - LRB100 15824 MJP 30933 b
(5) the Director of Public Health or his or her
designee;
(6) the Director of Agriculture or his or her designee;
(7) a representative of a general agricultural
production association appointed by the Department of
Agriculture;
(8) three representatives of local county public
health departments appointed by the Director and selected
from 3 different counties representing each of the
northern, central, and southern portions of this State;
(9) four members of the general public who are engaged
in local farmers' markets appointed by the Director of
Agriculture;
(10) a representative of an association representing
public health administrators appointed by the Director;
(11) a representative of an organization of public
health departments that serve the City of Chicago and the
counties of Cook, DuPage, Kane, Kendall, Lake, McHenry,
Will, and Winnebago appointed by the Director;
(12) a representative of a general public health
association appointed by the Director;
(13) the Director of Commerce and Economic Opportunity
or his or her designee;
(14) the Lieutenant Governor or his or her designee;
and
(15) five farmers who sell their farm products at

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farmers' markets appointed by the Lieutenant Governor or
his or her designee.
Task Force members' terms shall be for a period of 2 years,
with ongoing appointments made according to the provisions of
this Section.
(f) (Blank). The Task Force shall be convened by the
Director or his or her designee. Members shall elect a Task
Force Chair and Co-Chair.
(g) (Blank). Meetings may be held via conference call, in
person, or both. Three members of the Task Force may call a
meeting as long as a 5-working-day notification is sent via
mail, e-mail, or telephone call to each member of the Task
Force.
(h) (Blank). Members of the Task Force shall serve without
compensation.
(i) (Blank). The Task Force shall undertake a comprehensive
and thorough review of the current Statutes and administrative
rules that define which products and practices are permitted
and which products and practices are not permitted at farmers'
markets and to assist the Department in developing statewide
administrative regulations for farmers' markets.
(j) (Blank). The Task Force shall advise the Department
regarding the content of any administrative rules adopted under
this Section and Sections 3.4, 3.5, and 4 of this Act prior to
adoption of the rules. Any administrative rules, except
emergency rules adopted pursuant to Section 5-45 of the

SB3195 Engrossed - 6 - LRB100 15824 MJP 30933 b
Illinois Administrative Procedure Act, adopted under this
Section without obtaining the advice of the Task Force are null
and void. If the Department fails to follow the advice of the
Task Force, the Department shall, prior to adopting the rules,
transmit a written explanation to the Task Force. If the Task
Force, having been asked for its advice, fails to advise the
Department within 90 days after receiving the rules for review,
the rules shall be considered to have been approved by the Task
Force.
(k) (Blank). The Department of Public Health shall provide
staffing support to the Task Force and shall help to prepare,
print, and distribute all reports deemed necessary by the Task
Force.
(l) (Blank). The Task Force may request assistance from any
entity necessary or useful for the performance of its duties.
The Task Force shall issue a report annually to the Secretary
of the Senate and the Clerk of the House.
(m) The following provisions shall apply concerning
statewide farmers' market food safety guidelines:
(1) The Director, in accordance with this 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.

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(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 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
Department for the purposes of implementing this Section
and Sections 3.4, 3.5, and 4 of this Act.
(3) In the case of alleged non-compliance with the
provisions described in this Section, local health
departments shall issue written notices to vendors and
market managers of any noncompliance issues.

SB3195 Engrossed - 8 - LRB100 15824 MJP 30933 b
(4) 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 springs 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 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). The Task Force shall issue annual reports to
the Secretary of the Senate and the Clerk of the House with
recommendations for the development of administrative rules as
specified. The first report shall be issued no later than
December 31, 2012.

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(p) The Department of Public Health and the Department of
Agriculture, in conjunction with the Task Force, 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 in
accordance with subsection (j) of this Section.
(q) The Department and the Task Force shall work together
to create a food sampling training and license program as
specified in Section 3.4 of this Act.
(Source: P.A. 98-660, eff. 6-23-14; 99-9, eff. 7-10-15; 99-191,
eff. 1-1-16; 99-642, eff. 7-28-16.)
(Text of Section after amendment by P.A. 100-488)
Sec. 3.3. Farmers' markets.
(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

SB3195 Engrossed - 10 - LRB100 15824 MJP 30933 b
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.
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
continues 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). In 1999, the Department of Public Health
published Technical Information Bulletin/Food #30 in order
to outline the food handling and sanitation guidelines
required for farmers' markets, producer markets, and other
outdoor food sales events.
(5) (Blank). While this bulletin was revised in 2010,
there continues 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.
(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

SB3195 Engrossed - 11 - LRB100 15824 MJP 30933 b
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.
"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 and
food products directly to consumers.
"Task Force" means the Farmers' Market Task Force.
(c) (Blank). In order to facilitate the orderly and uniform
statewide implementation and affordability of the standards
established in the Department administrative rules for this
Section, the Farmers' Market Task Force shall be formed by the
Director to assist the Department in implementing statewide
administrative regulations for farmers' markets.
(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 interpretation of the Department's
administrative rules pertaining to the safety of food and food
products sold at farmers' markets.

SB3195 Engrossed - 12 - LRB100 15824 MJP 30933 b
(e) (Blank). The Task Force shall consist of at least 24
members appointed within 60 days after August 16, 2011 (the
effective date of this Section). Task Force members shall
consist of:
(1) one person appointed by the President of the
Senate;
(2) one person appointed by the Minority Leader of the
Senate;
(3) one person appointed by the Speaker of the House of
Representatives;
(4) one person appointed by the Minority Leader of the
House of Representatives;
(5) the Director of Public Health or his or her
designee;
(6) the Director of Agriculture or his or her designee;
(7) a representative of a general agricultural
production association appointed by the Department of
Agriculture;
(8) three representatives of local county public
health departments appointed by the Director and selected
from 3 different counties representing each of the
northern, central, and southern portions of this State;
(9) four members of the general public who are engaged
in local farmers' markets appointed by the Director of
Agriculture;
(10) a representative of an association representing

SB3195 Engrossed - 13 - LRB100 15824 MJP 30933 b
public health administrators appointed by the Director;
(11) a representative of an organization of public
health departments that serve the City of Chicago and the
counties of Cook, DuPage, Kane, Kendall, Lake, McHenry,
Will, and Winnebago appointed by the Director;
(12) a representative of a general public health
association appointed by the Director;
(13) the Director of Commerce and Economic Opportunity
or his or her designee;
(14) the Lieutenant Governor or his or her designee;
(15) five farmers who sell their farm products at
farmers' markets appointed by the Lieutenant Governor or
his or her designee; and
(16) one person appointed by the Mayor of Chicago.
Task Force members' terms shall be for a period of 2 years,
with ongoing appointments made according to the provisions of
this Section.
(f) (Blank). The Task Force shall be convened by the
Director or his or her designee. Members shall elect a Task
Force Chair and Co-Chair.
(g) (Blank). Meetings may be held via conference call, in
person, or both. Three members of the Task Force may call a
meeting as long as a 5-working-day notification is sent via
mail, e-mail, or telephone call to each member of the Task
Force.
(h) (Blank). Members of the Task Force shall serve without

SB3195 Engrossed - 14 - LRB100 15824 MJP 30933 b
compensation.
(i) (Blank). The Task Force shall undertake a comprehensive
and thorough review of the current Statutes and administrative
rules that define which products and practices are permitted
and which products and practices are not permitted at farmers'
markets and to assist the Department in developing statewide
administrative regulations for farmers' markets.
(j) (Blank). The Task Force shall advise the Department
regarding the content of any administrative rules adopted under
this Section and Sections 3.4, 3.5, and 4 of this Act prior to
adoption of the rules. Any administrative rules, except
emergency rules adopted pursuant to Section 5-45 of the
Illinois Administrative Procedure Act, adopted under this
Section without obtaining the advice of the Task Force are null
and void. If the Department fails to follow the advice of the
Task Force, the Department shall, prior to adopting the rules,
transmit a written explanation to the Task Force. If the Task
Force, having been asked for its advice, fails to advise the
Department within 90 days after receiving the rules for review,
the rules shall be considered to have been approved by the Task
Force.
(k) (Blank). The Department shall provide staffing support
to the Task Force and shall help to prepare, print, and
distribute all reports deemed necessary by the Task Force.
(l) (Blank). The Task Force may request assistance from any
entity necessary or useful for the performance of its duties.

SB3195 Engrossed - 15 - LRB100 15824 MJP 30933 b
The Task Force shall issue a report annually to the Secretary
of the Senate and the Clerk of the House.
(m) The following provisions shall apply concerning
statewide farmers' market food safety guidelines:
(1) The Director, in accordance with this 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 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

SB3195 Engrossed - 16 - LRB100 15824 MJP 30933 b
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
Department for the purposes of implementing this Section
and Sections 3.4, 3.5, and 4 of this Act.
(3) In the case of alleged non-compliance with the
provisions described in this Section, local health
departments shall issue written notices to vendors and
market managers of any noncompliance issues.
(4) 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 springs 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

SB3195 Engrossed - 17 - LRB100 15824 MJP 30933 b
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 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). The Task Force shall issue annual reports to
the Secretary of the Senate and the Clerk of the House with
recommendations for the development of administrative rules as
specified. The first report shall be issued no later than
December 31, 2012.
(p) The Department of Public Health and the Department of
Agriculture, in conjunction with the Task Force, 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 in
accordance with subsection (j) of this Section.
(q) The Department and the Task Force shall work together
to 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

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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 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. 99-9, eff. 7-10-15; 99-191, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-488, eff. 6-1-18.)
(410 ILCS 625/3.4)
Sec. 3.4. Product samples.
(a) For the purpose of this Section, "food product
sampling" means food product samples distributed free of charge
for promotional or educational purposes only.
(b) Notwithstanding any other provision of law, except as
provided in subsection (c) of this Section, a vendor who
engages in food product sampling at a farmers' market may do so

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without obtaining a State or local permit to provide those food
product samples, provided the vendor complies with the State
and local permit requirements to sell the food product to be
sampled and with the food preparation, food handling, food
storage, and food sampling requirements specified in the
administrative rules adopted by the Department to implement
Section 3.3 and Section 3.4 of this Act.
The Department of Public Health is instructed to work with
the Farmers' Market Task Force as created in Section 3.3 of
this Act to establish a food sampling at farmers' market
training and certification program to fulfill this
requirement. The Department shall adopt rules for the food
sampling training and certification program and product
sampling requirements at farmers' markets in accordance with
subsection (j) of Section 3.3. The Department may charge a
reasonable fee for the training and certification program. The
Department may delegate or contract authority to administer the
food sampling training to other qualified public and private
entities.
(c) Notwithstanding the provisions of subsection (b) of
this Section, the Department of Public Health, the Department
of Agriculture, a local municipal health department, or a
certified local health department may inspect a vendor at a
farmers' market to ensure compliance with the provisions in
this Section. If an imminent health hazard exists or a vendor's
product has been found to be misbranded, adulterated, or not in

SB3195 Engrossed - 20 - LRB100 15824 MJP 30933 b
compliance with the permit exemption for vendors pursuant to
this Section, then the regulatory authority may invoke
cessation of sales until it deems that the situation has been
addressed.
(Source: P.A. 98-660, eff. 6-23-14; 99-78, eff. 7-20-15.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.