Public Act 100-0805

SB3195 Enrolled 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.

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

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

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

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.

(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

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.