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Public Act 099-0191


 

Public Act 0191 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0191
 
HB2486 EnrolledLRB099 10188 JLK 30412 b

    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 Sections 3.3 and 4 and by renumbering and
changing Section 3.4 as added by Public Act 98-643 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
    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
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 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 advise the Department regarding
the content of any administrative rules adopted under this
Section and Sections 3.4, 3.5, and 4 of this 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 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 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 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 regulations
    contained in the administrative rules adopted by the
    Department for the purposes of implementing this Section
    3.3 and Sections 3.4, 3.5, and 4 of this Act. Except as
    provided for in Sections Section 3.4 and 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 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 this Section
    3.3 and Sections 3.4, 3.5, and 4 of 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;
    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 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
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.)
 
    (410 ILCS 625/3.6)
    Sec. 3.6 3.4. Home kitchen operation.
    (a) For the purpose of this Section, "home kitchen
operation" means a person who produces or packages
non-potentially hazardous baked goods food in a kitchen of that
person's primary domestic residence for direct sale by the
owner or a family member. As used in this Section, "baked good"
has the meaning given to that term under subparagraph (C) of
paragraph (1) of subsection (b) of Section 4 of this Act. A
home kitchen operation does not include a person who produces
or packages non-potentially hazardous baked goods for sale by a
religious, charitable, or nonprofit organization for
fundraising purposes; the production or packaging of
non-potentially hazardous baked goods for these purposes is
exempt from the requirements of this Act , or for sale by a
religious, charitable, or nonprofit organization, stored in
the residence where the food is made. The following conditions
must be met in order to qualify as a home kitchen operation:
        (1) Monthly gross sales do not exceed $1,000.
        (2) The food is not a non-potentially potentially
    hazardous baked good food, as described defined in Section
    4 of this Act.
        (3) A notice is provided to the purchaser that the
    product was produced in a home kitchen.
        (4) The food package is affixed with a label or other
    written notice is provided to the purchaser that includes:
            (i) the common or usual name of the food product;
        and
            (ii) allergen labeling as specified in federal
        labeling requirements by the United States Food and
        Drug Administration.
        (5) The food is sold directly to the consumer.
        (6) The food is stored in the residence where it is
    produced or packaged.
    (b) The Department of Public Health or the health
department of a unit of local government may inspect a home
kitchen operation in the event of a complaint or disease
outbreak.
    (c) The requirements of this This Section apply applies
only to a home kitchen operation located in a municipality,
township, or county where the local governing body having the
jurisdiction to enforce this Act or the rules adopted under
this Act has adopted an ordinance authorizing home kitchen
operations the direct sale of baked goods as described in
Section 4 of this Act.
(Source: P.A. 98-643, eff. 6-10-14; revised 10-20-14.)
 
    (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 that person's primary domestic
residence or another appropriately designed and equipped
residential or commercial-style kitchen on that property for
direct sale by the owner, or a family member, or employee
stored in the residence or appropriately designed and equipped
residential or commercial-style kitchen on that property where
the food is made.
    "Department" means the Department 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.
    "Main ingredient" means an agricultural product that is the
defining or distinctive ingredient in a cottage food product,
though not necessarily by predominance of weight.
    "Potentially hazardous food" means a food that is
potentially hazardous according to the Department's
administrative rules. 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.
    (b) Notwithstanding any other provision of law and except
as provided in subsections (c), and (d), and (e) of this
Section, neither the Department 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 non-potentially potentially
    hazardous baked good, jam, jelly, preserve, fruit butter,
    dry herb, dry herb blend, or dry tea blend, or similar
    product as adopted and specified by Department rules
    pursuant to subsection (e) of this Section, 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 or has
        been specified and adopted as allowed in
        administrative rules by the Department pursuant to
        subsection (e) of this Section.
            (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 or has been specified and adopted as
        allowed in administrative rules by the Department
        pursuant to subsection (e) of this Section.
            (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 or has been specified and adopted as
        allowed in administrative rules by the Department
        pursuant to subsection (e) of this Section. 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.
        (2) The food is to be sold at a farmers' market, with
    the exception that cottage foods that have a locally grown
    agricultural product as the main ingredient may be sold on
    the farm where the agricultural product is grown or
    delivered directly to the consumer.
        (3) Gross receipts from the sale of food exempted under
    this Section do not exceed $36,000 $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
    minimum period of one year.
        (6) The person preparing or packaging and selling
    products as a cottage food operation has a Department
    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 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,
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:
        (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 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.
    (e) The Department may adopt rules as may be necessary to
implement the provisions of this Section.
(Source: P.A. 97-393, eff. 1-1-12; 98-660, eff. 6-23-14.)

Effective Date: 1/1/2016