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| Public Act 100-0805
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| SB3195 Enrolled | LRB100 15824 MJP 30933 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Food Handling Regulation Enforcement Act is |
amended by changing Sections 3.3 and 3.4 as follows:
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(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. |
|
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; |
|
(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 |
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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. |
|
(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. |
|
(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 |
|
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 |
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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. |
|
(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 |
|
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 |
|
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. |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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.
|
