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Public Act 097-0394


 

Public Act 0394 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0394
 
SB1852 EnrolledLRB097 09934 RPM 50098 b

    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 adding Section 3.3 as follows:
 
    (410 ILCS 625/3.3 new)
    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.
        (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
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
    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) 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
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.
        (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
    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.
 
    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
Section 3.3 of the Food Handling Regulation Enforcement Act,
the Department of Public Health shall enforce 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
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
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. 81-1509.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/16/2011