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Public Act 096-0579


 

Public Act 0579 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0579
 
HB3990 Enrolled LRB096 11767 JDS 22546 b

    AN ACT concerning local farm and food products.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the "Local
Food, Farms, and Jobs Act".
 
    Section 5. Definitions.
    "Local farm or food products" are products grown,
processed, packaged, and distributed by Illinois citizens or
businesses located wholly within the borders of Illinois.
 
    Section 10. Procurement goals for local farm or food
products.
    (a) In order to create, strengthen, and expand local farm
and food economies throughout Illinois, it shall be the goal of
this State that 20% of all food and food products purchased by
State agencies and State-owned facilities, including, without
limitation, facilities for persons with mental health and
developmental disabilities, correctional facilities, and
public universities, shall, by 2020, be local farm or food
products.
    (b) The Local Food, Farms, and Jobs Council established
under this Act shall support and encourage that 10% of food and
food products purchased by entities funded in part or in whole
by State dollars, which spend more than $25,000 per year on
food or food products for its students, residents, or clients,
including, without limitation, public schools, child care
facilities, after-school programs, and hospitals, shall, by
2020, be local farm or food products.
    (c) To meet the goals set forth in this Section, when a
State contract for purchase of food or food products is to be
awarded to the lowest responsible bidder, an otherwise
qualified bidder who will fulfill the contract through the use
of local farm or food products may be given preference over
other bidders, provided that the cost included in the bid of
local farm or food products is not more than 10% greater than
the cost included in a bid that is not for local farm or food
products.
    (d) All State agencies and State-owned facilities that
purchase food and food products shall, with the assistance of
the Local Food, Farms, and Jobs Council, develop a system for
(i) identifying the percentage of local farm or food products
purchased for fiscal year 2011 as the baseline; and (ii)
tracking and reporting local farm or food products purchases on
an annual basis.
 
    Section 15. Creation of the Local Food, Farms, and Jobs
Council.
    (a) The General Assembly authorizes the Department of
Agriculture, in accordance with Section 10 of the State Agency
Entity Creation Act, to create the Local Food, Farms, and Jobs
Council.
    (b) The purpose of the Local Food, Farms, and Jobs Council
shall be to facilitate the growth of an Illinois-based local
farm and food product economy that revitalizes rural and urban
communities, promotes healthy eating with access to fresh
foods, creates jobs, ensures a readily available supply of safe
food in an emergency event, and supports economic growth
through making local farm or food products available to all
Illinois citizens.
 
    Section 20. Responsibilities of the Local Food, Farms, and
Jobs Council. The responsibilities of the Local Food, Farms,
and Jobs Council include, but are not limited to, the
following:
    (a) To assist State agencies, State-owned facilities, and
other entities with the purchase of local farm or food products
and with tracking and reporting of such purchases in order to
meet the goals established in Section 10 of this Act.
    (b) To assist local farm and food entrepreneurs to identify
and secure necessary resources and equipment to begin,
maintain, and expand projects and networks necessary for the
development of local farm or food products; provided, however,
that it is the intent of this Act that the Local Food, Farms,
and Jobs Council will facilitate program start-ups and then
relinquish rights, benefits, and control within a reasonably
short duration of time.
    (c) To facilitate the building of infrastructure,
including aggregation, processing, storage, packaging, and
distribution facilities necessary to move local farm or food
products to local and other markets.
    (d) To support and expand programs that recruit, train, and
provide technical assistance to Illinois farmers and residents
in order to encourage the production of local farm or food
products.
    (e) To coordinate interagency policies, initiatives, and
procedures promoting local farm and food products in Illinois
communities, by working with and involving State, federal, and
local agencies, as well as community based organizations,
educational institutions, and trade organizations in executing
the purposes of this Act.
    (f) To facilitate the elimination of legal barriers
hindering the development of a local farm and food economy by
working with federal, State, and local public health agencies,
other agencies and applicable entities, and the Illinois
Attorney General to create consistent and compatible
regulations for the production, storage, distribution, and
marketing of local farm or food products.
    (g) To facilitate the use of public lands for growing local
farm or food products by working with governmental entities at
the local, State, and federal levels.
    (h) To set annual goals for all purchases of local farm or
food products by Illinois residents and to monitor the
development and expansion of a local farm and food economy
through data collection, tracking, measurement, analysis, and
reporting on progress made in an annual report to the Illinois
General Assembly.
    (i) To develop, in collaboration with the Department of
Agriculture, a label and certification program different than
the "Illinois Product" label program, whereby a label with a
specific name and unique design or logo may be placed on local
farm and food products.
    (j) To initiate and facilitate public awareness campaigns
about the economic benefits of a local farm and food economy.
 
    Section 25. Governance of the Local Food, Farms, and Jobs
Council.
    (a) The Local Food, Farms, and Jobs Council shall be
governed by a 35-member board of directors, which shall be
comprised of the following:
        (1) one representative each from the Department of
    Agriculture; the Department of Commerce and Economic
    Opportunity; the Department of Public Health; the
    Department of Human Services, Office of Health and
    Prevention; the Department of Human Services, Office of
    Security and Emergency Preparedness;
        (2) the Director of the Lieutenant Governor's Rural
    Affairs Council;
        (3) one agricultural specialist from the University of
    Illinois Extension;
        (4) four local farm or food product farmers
    representing different agribusiness sectors, including,
    but not limited to, the dairy, meat, vegetable, and grain
    sectors;
        (5) four local farm or food product producers
    representing different flower, fruit, viticulture,
    aquaculture, forestry, seeds, fiber, vegetable,
    ornamental, or other specialty crop sectors;
        (6) two local farm or food product processors;
        (7) two local farm or food product distributors;
        (8) three representatives of not-for-profit
    educational organizations that specialize in supporting
    and expanding local farm or food product networks;
        (9) one certifier of specialty local farm or food
    products, such as an organic, naturally grown, biodynamic,
    Halal, or Kosher certifier;
        (10) one local farm or food product consumer
    representative;
        (11) two representatives of farm organizations;
        (12) one representative from a philanthropic
    organization supporting the development of local farm or
    food products;
        (13) one local farm or food product retailer;
        (14) two municipal representatives from different
    communities in the State actively engaged in the
    development of local farm or food products;
        (15) four representatives from community-based
    organizations focusing on access to local farm or food
    products, including at least 3 minority members; and
        (16) one chef specializing in the preparation of
    locally grown foods.
    (b) The 29 non-state governmental board members shall be
appointed by the Governor to 3-year staggered terms as
determined by the Governor. Persons may be nominated by
organizations representing the sectors outlined in subsection
(a) of this Section. Vacancies shall be filled by the Governor.
    (c) The Local Food, Farms, and Jobs Council may apply for
and establish a not for profit corporation under the General
Not For Profit Corporation Act of 1986.
    (d) The board of directors shall have all the rights,
titles, powers, privileges, and obligations provided for in the
General Not For Profit Corporation Act of 1986. It shall elect
its presiding officers from among its members and may elect or
appoint an executive committee, other committees, and
subcommittees to conduct the business of the organization.
    (e) The Local Food, Farms, and Jobs Council may solicit
grants, loans, and contributions from public or private sources
and may enter into any contracts, grants, loans, or agreements
with respect to the use of such funds to execute the purposes
of this Act. No debt or obligation of the Local Food, Farms,
and Jobs Council shall become the debt or obligation of the
State.
    (f) The Local Food, Farms, and Jobs Council shall not be
considered a State Agency, and its funds shall be considered
private funds and held in an appropriate account outside of the
State Treasury. Private funds collected by the Local Food,
Farms, and Jobs Council are not subject to the Public Funds
Investment Act. Local Food, Farms, and Jobs Council procurement
is exempt from the Illinois Procurement Code. The treasurer of
Local Food, Farms, and Jobs Council funds shall be custodian of
all Local Food, Farms, and Jobs Council funds. The Local Food,
Farms, and Jobs Council and its officers shall be responsible
for the approval of recording of receipts, approval of
payments, and the proper filing of required reports. The Local
Food, Farms, and Jobs Council's records shall be audited
annually by an independent auditor who is a certified public
accountant and has been selected by the Board. An annual report
shall also be compiled by the Board. Both the annual report and
the annual audit shall be filed with any public agency
providing funds to the Local Food, Farms, and Jobs Council and
be made available to the public.
    (g) Subject to the availability of public or private funds,
the board of directors may employ an executive director,
treasurer, other staff, or independent contractors necessary
to execute the purposes of this Act, and it may fix the
compensation, benefits, terms, and conditions of those
persons' employment.
    (h) The State Governmental agencies represented on the
board of directors may re-direct existing staff, as
appropriations permit; assist in executing the purposes of this
Act; and provide office space, meeting space, and other
research and communication services as appropriate.
    (i) The Local Food, Farms, and Jobs Council may be assisted
in carrying out its functions by personnel of the Department of
Agriculture. The Department shall provide reasonable
assistance to the Local Food, Farms, and Jobs Council to help
it achieve its purposes.
 
    Section 80. The Department of Agriculture Law of the Civil
Administrative Code of Illinois is amended by changing Section
205-45 and adding Section 205-46 as follows:
 
    (20 ILCS 205/205-45)  (was 20 ILCS 205/40.36)
    Sec. 205-45. "Illinois Product" label program. The
Department has the power to administer the "Illinois Product"
label program, whereby a label with the words "Illinois
Product" on it may be placed on food and agribusiness
commodities produced, processed, or packaged in Illinois. The
definition of "Illinois Product" does not imply that the
product meets the definition of "local farm or food products"
as defined in the Local Food, Farms, and Jobs Act.
(Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97;
91-239, eff. 1-1-00.)
 
    (20 ILCS 205/205-46 new)
    Sec. 205-46. Local Food, Farms, and Jobs Act labeling and
certification program. The Department may administer a label
and certification program, different than the "Illinois
Product" label program, whereby a label with a specific name
and unique design or logo may be placed on local farm and food
products that are grown, processed, packaged, and distributed
by Illinois citizens or businesses located wholly within the
borders of Illinois. The label and certification program will
be developed jointly with the Local Food, Farms, and Jobs
Council. The Department shall adopt rules necessary to
implement this Section.
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2009