Bill Text: IL SB3380 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Food Handling Regulation Enforcement Act. Provides that regulation of farmers' markets by local authorities may be no more stringent than the regulation established by the Department of Public Health. Establishes a framework for the regulation of food samples. Imposes requirements for disclosure of product origin with respect to specialty crops and raw agricultural commodities. Authorizes a State-certified local public health department to impose a fee in connection with the registration of a cottage food operation. Effective immediately.

Sponsorship: Moderate Partisan Bill (Democrat 9-1)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3380 Detail]

Download: Illinois-2013-SB3380-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3380 Introduced 2/14/2014, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
410 ILCS 625/3.3
410 ILCS 625/3.4 new
410 ILCS 625/3.5 new
410 ILCS 625/4
410 ILCS 650/11 from Ch. 56 1/2, par. 77
Amends the Food Handling Regulation Enforcement Act. Provides that regulation of farmers' markets by local authorities may be no more stringent than the regulation established by the Department of Public Health. Establishes a framework for the regulation of food samples. Imposes requirements for disclosure of product origin with respect to specialty crops and raw agricultural commodities. Authorizes a State-certified local public health department to impose a fee in connection with the registration of a cottage food operation. Effective immediately.
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FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning public 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 4 and by adding Sections
3.4 and 3.5 as follows:
(410 ILCS 625/3.3)
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.
(4) 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) 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
farmers gather to sell a variety of fresh fruits and vegetables
and other locally produced farm and food products directly to
consumers. Local food artisans may participate at farmers'
markets.
(c) In order to facilitate the orderly and uniform
statewide interpretation of the Department of Public Health's
Technical Information Bulletin/Food #30, the Farmers' Market
Task Force shall be formed by the Director to assist the
Department in implementing statewide administrative

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regulations for farmers' markets.
(d) This Act 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 Act 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) The Farmers' Market Task Force shall consist of at
least 24 members appointed within 60 days after 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

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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

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this Section.
(f) 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) 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) Members of the Task Force shall serve without
compensation.
(i) 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) The Task Force shall assist the Department of Public
Health and the Department of Agriculture in developing
administrative regulations and procedures regarding the
implementation of the various Acts that define which products
and practices are permitted and which products and practices
are not permitted at farmers' markets.
(k) 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) The Task Force may request assistance from any entity

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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 Act
shall be consistently enforced by local health authorities
throughout the State.
(2.5) Notwithstanding any other provision of law
except as provided in this Act, 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 guidelines contained
in the Department of Public Health's Technical Information
Bulletin #30 Sanitation Guidelines for Farmers Markets
(TIB #30), any subsequent revisions to TIB #30, or any
subsequent administrative rules adopted by the Department
for the purposes of implementing this Act. Except as
provided for in Section 3.4 of this Act, this Act does not
intend and shall not be construed to limit the power of
local health departments and other government units from

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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
onerous and unreasonable fees or sanitation provisions and
rules that are more stringent than those laid out in the
Department's TIB#30, subsequent revisions to TIB #30, or
any subsequent administrative rules adopted by the
Department for the purposes of implementing this Act.
(3) In the case of alleged non-compliance with the
provisions described in this Act, 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 Act 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; and

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commercially produced prepackaged food products.
(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) 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 Act, including, but not
limited to, rules concerning labels, sanitation, and food
product safety according to the realms of their jurisdiction.
Proposed administrative rules shall be drafted and published
for initial public comment no later than October 1, 2014.
(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. 97-394, eff. 8-16-11.)
(410 ILCS 625/3.4 new)
Sec. 3.4. Product samples.

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(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 or farm
stand registered with the Department of Agriculture Bureau of
Marketing may do so without obtaining a permit to provide those
samples or any other applicable State or local permit or
license to do so, provided all of the following conditions are
met:
(1) Except when samples are entirely prepared and
packaged individually in single-use serving sampling
containers at a commercially certified and inspected
kitchen or cottage food operation prior to arriving at the
farmers' market, a vendor engaged in food product sampling
must at a minimum:
(A) provide or have reasonable access to a hand
washing station that consists of a container with a
spigot that provides hands-free flowing potable water,
a waste bucket or catch basin under the spigot, a
pump-type soap dispenser, and single use disposable
towels;
(B) operate in accordance with 77 Ill. Adm. Code
750.512 and 750.514 (When to Wash Hands and Where to
Wash Hands); and

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(C) wash, rinse, and sanitize all equipment,
utensils, and cutting boards used to slice or prepare
samples prior to use in sampling utilizing a 3-sink
system or, at minimum, a basic 3-bucket washing station
setup.
(2) Product samples shall be stored and held under
sanitary conditions in accordance with the following
provisions:
(A) Product samples must at all times be protected
from insects, flies, dirt, unnecessary handling,
chemicals, adulterants, and any other contamination.
(B) Samples at a farmers' market vendor stand or
booth shall be displayed in a manner that protects them
from insects, flies, dirt, unnecessary handling,
chemicals, adulterants, and any other contamination.
(C) The premises where samples are distributed
shall be maintained in a neat and clean sanitary
condition.
(D) If ice or dry ice is necessary or used to cool
samples or keep samples at the appropriate temperature
as required under the Illinois Food Service Sanitation
Code, it shall be done in accordance with 77 Ill. Adm.
Code 750.1620 and Section 750.1650 (Ice and Wet
Storage). All potentially hazardous food must be held
at the appropriate temperature; any form is
acceptable, so long as the temperature requirement is

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met.
(3) Product samples of food may only be distributed
using single-use sampling equipment, including, but not
limited to, tooth-picks, cups, and containers.
(4) Potentially hazardous samples of foods that
require temperature control for safety that have not been
served to consumers within 2 hours after preparation must
be discarded.
(5) All raw agricultural foods, such as fruits and
vegetables, must be thoroughly washed in potable water
prior to cutting. All washed food products for sampling
must be stored separately and apart from other unwashed
food items and shall be protected from recontamination
after washing.
(6) Animals are not allowed in any food product
sampling or handling areas.
(7) The vendor offering samples has a
Department-approved food handling license.
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 create a specific food sampling at
farmers' market training course and license to fulfill this
requirement. The Department may charge a reasonable fee for
the license and training course. The Department may
delegate or contract authority to administer the food
sampling training course to other public and private

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entities. Upon completion of the food sampling at farmers'
market training course, a trainee shall submit proof to the
Department and the Department shall issue a food sampling
training license that is valid for 2 years.
(c) Notwithstanding the provisions of subsection (b) of
this Section, the Department of Public Health, the Department
of Agriculture, a certified local health department, or any
unit of local government 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.
(410 ILCS 625/3.5 new)
Sec. 3.5. Product origin.
(a) All vendors or booths selling specialty crops and raw
agricultural commodities at a farmers' market in Illinois must
post at the point of sale a placard or include on a label or
packing slip the physical location of the farm on which those
products were grown or produced.
(b) Specialty crops and raw agricultural commodities
direct marketed at farmers' markets that do not include a
placard at the point of sale or on a label or packing slip

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stating the physical location of the farm on which those
products were grown or produced shall be considered misbranded
and adulterated.
(410 ILCS 625/4)
Sec. 4. Cottage food operation.
(a) For the purpose of this Section:
"Cottage food operation" means an operation conducted by a
person who produces or packages non-potentially hazardous food
in a kitchen located in of that person's primary domestic
residence or another kitchen on that property for direct sale
by the owner or a family member, stored in the residence where
the food is made.
"Farmers' market" means a common facility or area where
farmers gather to sell a variety of fresh fruits and vegetables
and other locally produced farm and food products directly to
consumers.
"Potentially hazardous food" means a food that is
potentially hazardous according to the Federal Food and Drug
Administration 2009 Food Code (FDA 2009 Food Code) or any
subsequent amendments to the FDA 2009 Food Code. Potentially
hazardous food (PHF) in general means a food that requires time
and temperature control for safety (TCS) to limit pathogenic
microorganism growth or toxin formation. In accordance with the
FDA 2009 Food Code, potentially hazardous food does not include
a food item that because of its pH or Aw value, or interaction

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of Aw and pH values, is designated as a non-PHF/non-TCS food in
Table A or B of the FDA 2009 Food Code's potentially hazardous
food definition.
(b) Notwithstanding any other provision of law and except
as provided in subsections (c) and (d) of this Section, neither
the Department of Public Health nor the Department of
Agriculture nor the health department of a unit of local
government may regulate the service of food by a cottage food
operation providing that all of the following conditions are
met:
(1) The food is not a potentially hazardous baked good,
jam, jelly, preserve, fruit butter, dry herb, dry herb
blend, or dry tea blend and is intended for end-use only.
The following provisions shall apply:
(A) The following jams, jellies and preserves are
allowed: apple, apricot, grape, peach, plum, quince,
orange, nectarine, tangerine, blackberry, raspberry,
blueberry, boysenberry, cherry, cranberry, strawberry,
red currants, or a combination of these fruits.
Rhubarb, tomato, and pepper jellies or jams are not
allowed. Any other jams, jellies, or preserves not
listed may be produced by a cottage food operation
provided their recipe has been tested and documented by
a commercial laboratory, at the expense of the cottage
food operation, as being not potentially hazardous,
containing a pH equilibrium of less than 4.6.

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(B) The following fruit butters are allowed:
apple, apricot, grape, peach, plum, quince, and prune.
Pumpkin butter, banana butter, and pear butter are not
allowed. Fruit butters not listed may be produced by a
cottage food operation provided their recipe has been
tested and documented by a commercial laboratory, at
the expense of the cottage food operation, as being not
potentially hazardous, containing a pH equilibrium of
less than 4.6.
(C) Baked goods, such as, but not limited to,
breads, cookies, cakes, pies, and pastries are
allowed. Only high-acid fruit pies that use the
following fruits are allowed: apple, apricot, grape,
peach, plum, quince, orange, nectarine, tangerine,
blackberry, raspberry, blueberry, boysenberry, cherry,
cranberry, strawberry, red currants or a combination
of these fruits. Fruit pies not listed may be produced
by a cottage food operation provided their recipe has
been tested and documented by a commercial laboratory,
at the expense of the cottage food operation, as being
not potentially hazardous, containing a pH equilibrium
of less than 4.6. The following are potentially
hazardous and prohibited from production and sale by a
cottage food operation: pumpkin pie, sweet potato pie,
cheesecake, custard pies, creme pies, and pastries
with potentially hazardous fillings or toppings.

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(2) The food is to be sold at a farmers' market.
(3) Gross receipts from the sale of food exempted under
this Section do not exceed $25,000 in a calendar year.
(4) The food packaging conforms to the labeling
requirements of the Illinois Food, Drug and Cosmetic Act
and includes the following information on the label of each
of its products:
(A) the name and address of the cottage food
operation;
(B) the common or usual name of the food product;
(C) all ingredients of the food product, including
any colors, artificial flavors, and preservatives,
listed in descending order by predominance of weight
shown with common or usual names;
(D) the following phrase: "This product was
produced in a home kitchen not subject to public health
inspection that may also process common food
allergens.";
(E) the date the product was processed; and
(F) allergen labeling as specified in federal
labeling requirements.
(5) The name and residence of the person preparing and
selling products as a cottage food operation is registered
with the health department of a unit of local government
where the cottage food operation resides. No fees shall be
charged for registration. Registration shall be for a

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minimum period of one year.
(6) The person preparing and selling products as a
cottage food operation has a Department of Public Health
approved Food Service Sanitation Management Certificate.
(7) At the point of sale a placard is displayed in a
prominent location that states the following: "This
product was produced in a home kitchen not subject to
public health inspection that may also process common food
allergens.".
(c) Notwithstanding the provisions of subsection (b) of
this Section, if the Department of Public Health or the health
department of a unit of local government has received a
consumer complaint or has reason to believe that an imminent
health hazard exists or that a cottage food operation's product
has been found to be misbranded, adulterated, or not in
compliance with the exception for cottage food operations
pursuant to this Section, then it may invoke cessation of sales
until it deems that the situation has been addressed to the
satisfaction of the Department.
(d) Notwithstanding the provisions of subsection (b) of
this Section, a State-certified local public health department
may, upon providing a written statement to the Department of
Public Health, regulate the service of food by a cottage food
operation. The regulation by a State-certified local public
health department may include all of the following
requirements:

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(1) That the cottage food operation (A) register with
the State-certified local public health department, which
shall be for a minimum of one year and may include a
reasonable fee set by the State-certified local public
health department that is no greater than $25
notwithstanding paragraph (5) of subsection (b) of this
Section and (B) agree in writing at the time of
registration to grant access to the State-certified local
public health department to conduct an inspection of the
cottage food operation's primary domestic residence in the
event of a consumer complaint or foodborne illness
outbreak.
(2) That in the event of a consumer complaint or
foodborne illness outbreak the State-certified local
public health department is allowed to (A) inspect the
premises of the cottage food operation in question and (B)
set a reasonable fee for that inspection.
(Source: P.A. 97-393, eff. 1-1-12.)
Section 10. The Sanitary Food Preparation Act is amended by
changing Section 11 as follows:
(410 ILCS 650/11) (from Ch. 56 1/2, par. 77)
Sec. 11. Except as hereinafter provided and as provided in
Sections 3.3, 3.4, and 4 of the Food Handling Regulation
Enforcement Act, the Department of Public Health shall enforce

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this Act, and for that purpose it may at all times enter every
such building, room, basement, inclosure or premises occupied
or used or suspected of being occupied or used for the
production, preparation or manufacture for sale, or the
storage, sale, distribution or transportation of such food, to
inspect the premises and all utensils, fixtures, furniture and
machinery used as aforesaid; and if upon inspection any such
food producing or distribution establishment, conveyance, or
employer, employee, clerk, driver or other person is found to
be violating any of the provisions of this Act, or if the
production, preparation, manufacture, packing, storage, sale,
distribution or transportation of such food is being conducted
in a manner detrimental to the health of the employees and
operatives, or to the character or quality of the food therein
being produced, manufactured, packed, stored, sold,
distributed or conveyed, the officer or inspector making the
inspection or examination shall report such conditions and
violations to the Department. The Department of Agriculture
shall have exclusive jurisdiction for the enforcement of this
Act insofar as it relates to establishments defined by Section
2.5 of "The Meat and Poultry Inspection Act", approved July 22,
1959, as heretofore or hereafter amended. The Department of
Agriculture or Department of Public Health, as the case may be,
shall thereupon issue a written order to the person, firm or
corporation responsible for the violation or condition
aforesaid to abate such condition or violation or to make such

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changes or improvements as may be necessary to abate them,
within such reasonable time as may be required. Notice of the
order may be served by delivering a copy thereof to the person,
firm or corporation, or by sending a copy thereof by registered
mail, and the receipt thereof through the post office shall be
prima facie evidence that notice of the order has been
received. Such person, firm or corporation may appear in person
or by attorney before the Department of Agriculture or the
Department of Public Health, as the case may be, within the
time limited in the order, and shall be given an opportunity to
be heard and to show why such order or instructions should not
be obeyed. The hearing shall be under such rules and
regulations as may be prescribed by the Department of
Agriculture or the Department of Public Health, as the case may
be. If after such hearing it appears that this Act has not been
violated, the order shall be rescinded. If it appears that this
Act is being violated, and that the person, firm or corporation
notified is responsible therefor, the previous order shall be
confirmed or amended, as the facts shall warrant, and shall
thereupon be final, but such additional time as is necessary
may be granted within which to comply with the final order. If
such person, firm or corporation is not present or represented
when such final order is made, notice thereof shall be given as
above provided. On failure of the party or parties to comply
with the first order of the Department of Agriculture or the
Department of Public Health, as the case may be, within the

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time prescribed, when no hearing is demanded, or upon failure
to comply with the final order within the time specified, the
Department shall certify the facts to the State's Attorney of
the county in which such violation occurred, and such State's
Attorney shall proceed against the party or parties for the
fines and penalties provided by this Act, and also for the
abatement of the nuisance: Provided, that the proceedings
herein prescribed for the abatement of nuisances as defined in
this Act shall not in any manner relieve the violator from
prosecution in the first instance for every such violation, nor
from the penalties for such violation prescribed by Section 13.
(Source: P.A. 97-393, eff. 1-1-12; 97-394, eff. 8-16-11;
97-813, eff. 7-13-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.