Bill Text: IL SB3674 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Food Handling Regulation Enforcement Act. Provides that the provisions and rules set forth in a Section concerning farmers' markets only apply to that Section (currently, the entire Act).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3674 Detail]

Download: Illinois-2013-SB3674-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3674 Introduced 11/19/2014, by Sen. David Koehler SYNOPSIS AS INTRODUCED:
410 ILCS 625/3.3
Amends the Food Handling Regulation Enforcement Act. Provides that the provisions and rules set forth in a Section concerning farmers' markets only apply to that Section (currently, the entire Act).
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A BILL FOR
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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 Section 3.3 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.
There is a lack of consistent regulation from one county to

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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 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) 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 Act, 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 Act does not intend and shall not be

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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 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
production association appointed by the Department of
Agriculture;

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(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) The Task Force shall be convened by the Director or his

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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 advise the Department regarding
the content of any administrative rules adopted under this
Section 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

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the Task Force.
(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
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
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 Section 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 regulations
contained in the administrative rules adopted by the
Department for the purposes of implementing Section 3.3 of
this Act. Except as provided for in Section 3.4 of this

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Act, this Section Act 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 Section 3.3
of this Act.
(3) In the case of alleged non-compliance with the
provisions described in this Section 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 Section 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;

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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) 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 Act, 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.
The Task Force shall submit recommendations for administrative
rules to the Department no later than December 15, 2014.
(q) The Department and the Task Force shall work together

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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; 98-660, eff. 6-23-14.)