100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3195

 

Introduced 2/15/2018, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 625/3.3
410 ILCS 625/3.4

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


LRB100 15824 MJP 30933 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3195LRB100 15824 MJP 30933 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Food Handling Regulation Enforcement Act is
5amended by changing Sections 3.3 and 3.4 as follows:
 
6    (410 ILCS 625/3.3)
7    (Text of Section before amendment by P.A. 100-488)
8    Sec. 3.3. Farmers' markets.
9    (a) The General Assembly finds as follows:
10        (1) Farmers' markets, as defined in subsection (b) of
11    this Section, provide not only a valuable marketplace for
12    farmers and food artisans to sell their products directly
13    to consumers, but also a place for consumers to access
14    fresh fruits, vegetables, and other agricultural products.
15        (2) Farmers' markets serve as a stimulator for local
16    economies and for thousands of new businesses every year,
17    allowing farmers to sell directly to consumers and capture
18    the full retail value of their products. They have become
19    important community institutions and have figured in the
20    revitalization of downtown districts and rural
21    communities.
22        (3) Since 1999, the number of farmers' markets has
23    tripled and new ones are being established every year.

 

 

SB3195- 2 -LRB100 15824 MJP 30933 b

1    There is a lack of consistent regulation from one county to
2    the next, resulting in confusion and discrepancies between
3    counties regarding how products may be sold. There
4    continues to be inconsistencies, confusion, and lack of
5    awareness by consumers, farmers, markets, and local health
6    authorities of required guidelines affecting farmers'
7    markets from county to county.
8        (4) (Blank). In 1999, the Department of Public Health
9    published Technical Information Bulletin/Food #30 in order
10    to outline the food handling and sanitation guidelines
11    required for farmers' markets, producer markets, and other
12    outdoor food sales events.
13        (5) (Blank). While this bulletin was revised in 2010,
14    there continues to be inconsistencies, confusion, and lack
15    of awareness by consumers, farmers, markets, and local
16    health authorities of required guidelines affecting
17    farmers' markets from county to county.
18    (b) For the purposes of this Section:
19    "Department" means the Department of Public Health.
20    "Director" means the Director of Public Health.
21    "Farmers' market" means a common facility or area where the
22primary purpose is for farmers to gather to sell a variety of
23fresh fruits and vegetables and other locally produced farm and
24food products directly to consumers.
25    (c) (Blank). In order to facilitate the orderly and uniform
26statewide implementation of the standards established in the

 

 

SB3195- 3 -LRB100 15824 MJP 30933 b

1Department of Public Health's administrative rules for this
2Section, the Farmers' Market Task Force shall be formed by the
3Director to assist the Department in implementing statewide
4administrative regulations for farmers' markets.
5    (d) This Section does not intend and shall not be construed
6to limit the power of counties, municipalities, and other local
7government units to regulate farmers' markets for the
8protection of the public health, safety, morals, and welfare,
9including, but not limited to, licensing requirements and time,
10place, and manner restrictions. This Section provides for a
11statewide scheme for the orderly and consistent interpretation
12of the Department of Public Health administrative rules
13pertaining to the safety of food and food products sold at
14farmers' markets.
15    (e) (Blank). The Farmers' Market Task Force shall consist
16of at least 24 members appointed within 60 days after August
1716, 2011 (the effective date of this Section). Task Force
18members shall consist of:
19        (1) one person appointed by the President of the
20    Senate;
21        (2) one person appointed by the Minority Leader of the
22    Senate;
23        (3) one person appointed by the Speaker of the House of
24    Representatives;
25        (4) one person appointed by the Minority Leader of the
26    House of Representatives;

 

 

SB3195- 4 -LRB100 15824 MJP 30933 b

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

 

 

SB3195- 5 -LRB100 15824 MJP 30933 b

1    farmers' markets appointed by the Lieutenant Governor or
2    his or her designee.
3    Task Force members' terms shall be for a period of 2 years,
4with ongoing appointments made according to the provisions of
5this Section.
6    (f) (Blank). The Task Force shall be convened by the
7Director or his or her designee. Members shall elect a Task
8Force Chair and Co-Chair.
9    (g) (Blank). Meetings may be held via conference call, in
10person, or both. Three members of the Task Force may call a
11meeting as long as a 5-working-day notification is sent via
12mail, e-mail, or telephone call to each member of the Task
13Force.
14    (h) (Blank). Members of the Task Force shall serve without
15compensation.
16    (i) (Blank). The Task Force shall undertake a comprehensive
17and thorough review of the current Statutes and administrative
18rules that define which products and practices are permitted
19and which products and practices are not permitted at farmers'
20markets and to assist the Department in developing statewide
21administrative regulations for farmers' markets.
22    (j) (Blank). The Task Force shall advise the Department
23regarding the content of any administrative rules adopted under
24this Section and Sections 3.4, 3.5, and 4 of this Act prior to
25adoption of the rules. Any administrative rules, except
26emergency rules adopted pursuant to Section 5-45 of the

 

 

SB3195- 6 -LRB100 15824 MJP 30933 b

1Illinois Administrative Procedure Act, adopted under this
2Section without obtaining the advice of the Task Force are null
3and void. If the Department fails to follow the advice of the
4Task Force, the Department shall, prior to adopting the rules,
5transmit a written explanation to the Task Force. If the Task
6Force, having been asked for its advice, fails to advise the
7Department within 90 days after receiving the rules for review,
8the rules shall be considered to have been approved by the Task
9Force.
10    (k) (Blank). The Department of Public Health shall provide
11staffing support to the Task Force and shall help to prepare,
12print, and distribute all reports deemed necessary by the Task
13Force.
14    (l) (Blank). The Task Force may request assistance from any
15entity necessary or useful for the performance of its duties.
16The Task Force shall issue a report annually to the Secretary
17of the Senate and the Clerk of the House.
18    (m) The following provisions shall apply concerning
19statewide farmers' market food safety guidelines:
20        (1) The Director, in accordance with this Section,
21    shall adopt administrative rules (as provided by the
22    Illinois Administrative Procedure Act) for foods found at
23    farmers' markets.
24        (2) The rules and regulations described in this Section
25    shall be consistently enforced by local health authorities
26    throughout the State.

 

 

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1        (2.5) Notwithstanding any other provision of law
2    except as provided in this Section, local public health
3    departments and all other units of local government are
4    prohibited from creating sanitation guidelines, rules, or
5    regulations for farmers' markets that are more stringent
6    than those farmers' market sanitation regulations
7    contained in the administrative rules adopted by the
8    Department for the purposes of implementing this Section
9    and Sections 3.4, 3.5, and 4 of this Act. Except as
10    provided for in Sections 3.4 and 4 of this Act, this
11    Section does not intend and shall not be construed to limit
12    the power of local health departments and other government
13    units from requiring licensing and permits for the sale of
14    commercial food products, processed food products,
15    prepared foods, and potentially hazardous foods at
16    farmers' markets or conducting related inspections and
17    enforcement activities, so long as those permits and
18    licenses do not include unreasonable fees or sanitation
19    provisions and rules that are more stringent than those
20    laid out in the administrative rules adopted by the
21    Department for the purposes of implementing this Section
22    and Sections 3.4, 3.5, and 4 of this Act.
23        (3) In the case of alleged non-compliance with the
24    provisions described in this Section, local health
25    departments shall issue written notices to vendors and
26    market managers of any noncompliance issues.

 

 

SB3195- 8 -LRB100 15824 MJP 30933 b

1        (4) Produce and food products coming within the scope
2    of the provisions of this Section shall include, but not be
3    limited to, raw agricultural products, including fresh
4    fruits and vegetables; popcorn, grains, seeds, beans, and
5    nuts that are whole, unprocessed, unpackaged, and
6    unsprouted; fresh herb springs and dried herbs in bunches;
7    baked goods sold at farmers' markets; cut fruits and
8    vegetables; milk and cheese products; ice cream; syrups;
9    wild and cultivated mushrooms; apple cider and other fruit
10    and vegetable juices; herb vinegar; garlic-in-oil;
11    flavored oils; pickles, relishes, salsas, and other canned
12    or jarred items; shell eggs; meat and poultry; fish;
13    ready-to-eat foods; commercially produced prepackaged food
14    products; and any additional items specified in the
15    administrative rules adopted by the Department to
16    implement Section 3.3 of this Act.
17    (n) Local health department regulatory guidelines may be
18applied to foods not often found at farmers' markets, all other
19food products not regulated by the Department of Agriculture
20and the Department of Public Health, as well as live animals to
21be sold at farmers' markets.
22    (o) (Blank). The Task Force shall issue annual reports to
23the Secretary of the Senate and the Clerk of the House with
24recommendations for the development of administrative rules as
25specified. The first report shall be issued no later than
26December 31, 2012.

 

 

SB3195- 9 -LRB100 15824 MJP 30933 b

1    (p) The Department of Public Health and the Department of
2Agriculture, in conjunction with the Task Force, shall adopt
3administrative rules necessary to implement, interpret, and
4make specific the provisions of this Section, including, but
5not limited to, rules concerning labels, sanitation, and food
6product safety according to the realms of their jurisdiction in
7accordance with subsection (j) of this Section.
8    (q) The Department and the Task Force shall work together
9to create a food sampling training and license program as
10specified in Section 3.4 of this Act.
11(Source: P.A. 98-660, eff. 6-23-14; 99-9, eff. 7-10-15; 99-191,
12eff. 1-1-16; 99-642, eff. 7-28-16.)
 
13    (Text of Section after amendment by P.A. 100-488)
14    Sec. 3.3. Farmers' markets.
15    (a) The General Assembly finds as follows:
16        (1) Farmers' markets, as defined in subsection (b) of
17    this Section, provide not only a valuable marketplace for
18    farmers and food artisans to sell their products directly
19    to consumers, but also a place for consumers to access
20    fresh fruits, vegetables, and other agricultural products.
21        (2) Farmers' markets serve as a stimulator for local
22    economies and for thousands of new businesses every year,
23    allowing farmers to sell directly to consumers and capture
24    the full retail value of their products. They have become
25    important community institutions and have figured in the

 

 

SB3195- 10 -LRB100 15824 MJP 30933 b

1    revitalization of downtown districts and rural
2    communities.
3        (3) Since 1999, the number of farmers' markets has
4    tripled and new ones are being established every year.
5    There is a lack of consistent regulation from one county to
6    the next, resulting in confusion and discrepancies between
7    counties regarding how products may be sold. There
8    continues to be inconsistencies, confusion, and lack of
9    awareness by consumers, farmers, markets, and local health
10    authorities of required guidelines affecting farmers'
11    markets from county to county.
12        (4) (Blank). In 1999, the Department of Public Health
13    published Technical Information Bulletin/Food #30 in order
14    to outline the food handling and sanitation guidelines
15    required for farmers' markets, producer markets, and other
16    outdoor food sales events.
17        (5) (Blank). While this bulletin was revised in 2010,
18    there continues to be inconsistencies, confusion, and lack
19    of awareness by consumers, farmers, markets, and local
20    health authorities of required guidelines affecting
21    farmers' markets from county to county.
22        (6) Recognizing that farmers' markets serve as small
23    business incubators and that farmers' profit margins
24    frequently are narrow, even in direct-to-consumer retail,
25    protecting farmers from costs of regulation that are
26    disproportionate to their profits will help ensure the

 

 

SB3195- 11 -LRB100 15824 MJP 30933 b

1    continued viability of these local farms and small
2    businesses.
3    (b) For the purposes of this Section:
4    "Department" means the Department of Public Health.
5    "Director" means the Director of Public Health.
6    "Farmers' market" means a common facility or area where the
7primary purpose is for farmers to gather to sell a variety of
8fresh fruits and vegetables and other locally produced farm and
9food products directly to consumers.
10    "Task Force" means the Farmers' Market Task Force.
11    (c) (Blank). In order to facilitate the orderly and uniform
12statewide implementation and affordability of the standards
13established in the Department administrative rules for this
14Section, the Farmers' Market Task Force shall be formed by the
15Director to assist the Department in implementing statewide
16administrative regulations for farmers' markets.
17    (d) This Section does not intend and shall not be construed
18to limit the power of counties, municipalities, and other local
19government units to regulate farmers' markets for the
20protection of the public health, safety, morals, and welfare,
21including, but not limited to, licensing requirements and time,
22place, and manner restrictions, except as specified in this
23Act. This Section provides for a statewide scheme for the
24orderly and consistent interpretation of the Department's
25administrative rules pertaining to the safety of food and food
26products sold at farmers' markets.

 

 

SB3195- 12 -LRB100 15824 MJP 30933 b

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

 

 

SB3195- 13 -LRB100 15824 MJP 30933 b

1    public health administrators appointed by the Director;
2        (11) a representative of an organization of public
3    health departments that serve the City of Chicago and the
4    counties of Cook, DuPage, Kane, Kendall, Lake, McHenry,
5    Will, and Winnebago appointed by the Director;
6        (12) a representative of a general public health
7    association appointed by the Director;
8        (13) the Director of Commerce and Economic Opportunity
9    or his or her designee;
10        (14) the Lieutenant Governor or his or her designee;
11        (15) five farmers who sell their farm products at
12    farmers' markets appointed by the Lieutenant Governor or
13    his or her designee; and
14        (16) one person appointed by the Mayor of Chicago.
15    Task Force members' terms shall be for a period of 2 years,
16with ongoing appointments made according to the provisions of
17this Section.
18    (f) (Blank). The Task Force shall be convened by the
19Director or his or her designee. Members shall elect a Task
20Force Chair and Co-Chair.
21    (g) (Blank). Meetings may be held via conference call, in
22person, or both. Three members of the Task Force may call a
23meeting as long as a 5-working-day notification is sent via
24mail, e-mail, or telephone call to each member of the Task
25Force.
26    (h) (Blank). Members of the Task Force shall serve without

 

 

SB3195- 14 -LRB100 15824 MJP 30933 b

1compensation.
2    (i) (Blank). The Task Force shall undertake a comprehensive
3and thorough review of the current Statutes and administrative
4rules that define which products and practices are permitted
5and which products and practices are not permitted at farmers'
6markets and to assist the Department in developing statewide
7administrative regulations for farmers' markets.
8    (j) (Blank). The Task Force shall advise the Department
9regarding the content of any administrative rules adopted under
10this Section and Sections 3.4, 3.5, and 4 of this Act prior to
11adoption of the rules. Any administrative rules, except
12emergency rules adopted pursuant to Section 5-45 of the
13Illinois Administrative Procedure Act, adopted under this
14Section without obtaining the advice of the Task Force are null
15and void. If the Department fails to follow the advice of the
16Task Force, the Department shall, prior to adopting the rules,
17transmit a written explanation to the Task Force. If the Task
18Force, having been asked for its advice, fails to advise the
19Department within 90 days after receiving the rules for review,
20the rules shall be considered to have been approved by the Task
21Force.
22    (k) (Blank). The Department shall provide staffing support
23to the Task Force and shall help to prepare, print, and
24distribute all reports deemed necessary by the Task Force.
25    (l) (Blank). The Task Force may request assistance from any
26entity necessary or useful for the performance of its duties.

 

 

SB3195- 15 -LRB100 15824 MJP 30933 b

1The Task Force shall issue a report annually to the Secretary
2of the Senate and the Clerk of the House.
3    (m) The following provisions shall apply concerning
4statewide farmers' market food safety guidelines:
5        (1) The Director, in accordance with this Section,
6    shall adopt administrative rules (as provided by the
7    Illinois Administrative Procedure Act) for foods found at
8    farmers' markets.
9        (2) The rules and regulations described in this Section
10    shall be consistently enforced by local health authorities
11    throughout the State.
12        (2.5) Notwithstanding any other provision of law
13    except as provided in this Section, local public health
14    departments and all other units of local government are
15    prohibited from creating sanitation guidelines, rules, or
16    regulations for farmers' markets that are more stringent
17    than those farmers' market sanitation regulations
18    contained in the administrative rules adopted by the
19    Department for the purposes of implementing this Section
20    and Sections 3.4, 3.5, and 4 of this Act. Except as
21    provided for in Sections 3.4 and 4 of this Act, this
22    Section does not intend and shall not be construed to limit
23    the power of local health departments and other government
24    units from requiring licensing and permits for the sale of
25    commercial food products, processed food products,
26    prepared foods, and potentially hazardous foods at

 

 

SB3195- 16 -LRB100 15824 MJP 30933 b

1    farmers' markets or conducting related inspections and
2    enforcement activities, so long as those permits and
3    licenses do not include unreasonable fees or sanitation
4    provisions and rules that are more stringent than those
5    laid out in the administrative rules adopted by the
6    Department for the purposes of implementing this Section
7    and Sections 3.4, 3.5, and 4 of this Act.
8        (3) In the case of alleged non-compliance with the
9    provisions described in this Section, local health
10    departments shall issue written notices to vendors and
11    market managers of any noncompliance issues.
12        (4) Produce and food products coming within the scope
13    of the provisions of this Section shall include, but not be
14    limited to, raw agricultural products, including fresh
15    fruits and vegetables; popcorn, grains, seeds, beans, and
16    nuts that are whole, unprocessed, unpackaged, and
17    unsprouted; fresh herb springs and dried herbs in bunches;
18    baked goods sold at farmers' markets; cut fruits and
19    vegetables; milk and cheese products; ice cream; syrups;
20    wild and cultivated mushrooms; apple cider and other fruit
21    and vegetable juices; herb vinegar; garlic-in-oil;
22    flavored oils; pickles, relishes, salsas, and other canned
23    or jarred items; shell eggs; meat and poultry; fish;
24    ready-to-eat foods; commercially produced prepackaged food
25    products; and any additional items specified in the
26    administrative rules adopted by the Department to

 

 

SB3195- 17 -LRB100 15824 MJP 30933 b

1    implement Section 3.3 of this Act.
2    (n) Local health department regulatory guidelines may be
3applied to foods not often found at farmers' markets, all other
4food products not regulated by the Department of Agriculture
5and the Department of Public Health, as well as live animals to
6be sold at farmers' markets.
7    (o) (Blank). The Task Force shall issue annual reports to
8the Secretary of the Senate and the Clerk of the House with
9recommendations for the development of administrative rules as
10specified. The first report shall be issued no later than
11December 31, 2012.
12    (p) The Department of Public Health and the Department of
13Agriculture, in conjunction with the Task Force, shall adopt
14administrative rules necessary to implement, interpret, and
15make specific the provisions of this Section, including, but
16not limited to, rules concerning labels, sanitation, and food
17product safety according to the realms of their jurisdiction in
18accordance with subsection (j) of this Section.
19    (q) The Department and the Task Force shall work together
20to create a food sampling training and license program as
21specified in Section 3.4 of this Act.
22    (r) In addition to any rules adopted pursuant to subsection
23(p) of this Section, the following provisions shall be applied
24uniformly throughout the State, including to home rule units,
25except as otherwise provided in this Act:
26        (1) Farmers market vendors shall provide effective

 

 

SB3195- 18 -LRB100 15824 MJP 30933 b

1    means to maintain potentially hazardous food, as defined in
2    Section 4 of this Act, at 41 degrees Fahrenheit or below.
3    As an alternative to mechanical refrigeration, an
4    effectively insulated, hard-sided, cleanable container
5    with sufficient ice or other cooling means that is intended
6    for the storage of potentially hazardous food shall be
7    used. Local health departments shall not limit vendors'
8    choice of refrigeration or cooling equipment and shall not
9    charge a fee for use of such equipment. Local health
10    departments shall not be precluded from requiring an
11    effective alternative form of cooling if a vendor is unable
12    to maintain food at the appropriate temperature.
13        (2) Handwashing stations may be shared by farmers'
14    market vendors if handwashing stations are accessible to
15    vendors.
16(Source: P.A. 99-9, eff. 7-10-15; 99-191, eff. 1-1-16; 99-642,
17eff. 7-28-16; 100-488, eff. 6-1-18.)
 
18    (410 ILCS 625/3.4)
19    Sec. 3.4. Product samples.
20    (a) For the purpose of this Section, "food product
21sampling" means food product samples distributed free of charge
22for promotional or educational purposes only.
23    (b) Notwithstanding any other provision of law, except as
24provided in subsection (c) of this Section, a vendor who
25engages in food product sampling at a farmers' market may do so

 

 

SB3195- 19 -LRB100 15824 MJP 30933 b

1without obtaining a State or local permit to provide those food
2product samples, provided the vendor complies with the State
3and local permit requirements to sell the food product to be
4sampled and with the food preparation, food handling, food
5storage, and food sampling requirements specified in the
6administrative rules adopted by the Department to implement
7Section 3.3 and Section 3.4 of this Act.
8    The Department of Public Health is instructed to work with
9the Farmers' Market Task Force as created in Section 3.3 of
10this Act to establish a food sampling at farmers' market
11training and certification program to fulfill this
12requirement. The Department shall adopt rules for the food
13sampling training and certification program and product
14sampling requirements at farmers' markets in accordance with
15subsection (j) of Section 3.3. The Department may charge a
16reasonable fee for the training and certification program. The
17Department may delegate or contract authority to administer the
18food sampling training to other qualified public and private
19entities.
20    (c) Notwithstanding the provisions of subsection (b) of
21this Section, the Department of Public Health, the Department
22of Agriculture, a local municipal health department, or a
23certified local health department may inspect a vendor at a
24farmers' market to ensure compliance with the provisions in
25this Section. If an imminent health hazard exists or a vendor's
26product has been found to be misbranded, adulterated, or not in

 

 

SB3195- 20 -LRB100 15824 MJP 30933 b

1compliance with the permit exemption for vendors pursuant to
2this Section, then the regulatory authority may invoke
3cessation of sales until it deems that the situation has been
4addressed.
5(Source: P.A. 98-660, eff. 6-23-14; 99-78, eff. 7-20-15.)
 
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.