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Public Act 100-0488


 

Public Act 0488 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0488
 
HB2820 EnrolledLRB100 09788 MJP 19958 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 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
    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.
        (6) Recognizing that farmers' markets serve as small
    business incubators and that farmers' profit margins
    frequently are narrow, even in direct-to-consumer retail,
    protecting farmers from costs of regulation that are
    disproportionate to their profits will help ensure the
    continued viability of these local farms and small
    businesses.
    (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.
    "Task Force" means the Farmers' Market Task Force.
    (c) In order to facilitate the orderly and uniform
statewide implementation and affordability of the standards
established in the Department of Public Health's
administrative rules for this Section, 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 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, except as specified in this
Act. This Section provides for a statewide scheme for the
orderly and consistent interpretation of the Department's
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 August 16, 2011
(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; and .
        (16) one person appointed by the Mayor of Chicago.
    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 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 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
    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, 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
    and Sections 3.4, 3.5, and 4 of this Act. Except as
    provided for in Sections 3.4 and 4 of this Act, this
    Section 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
    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 Section, 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 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 Section, 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.
    (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.
    (r) In addition to any rules adopted pursuant to subsection
(p) of this Section, the following provisions shall be applied
uniformly throughout the State, including to home rule units,
except as otherwise provided in this Act:
        (1) Farmers market vendors shall provide effective
    means to maintain potentially hazardous food, as defined in
    Section 4 of this Act, at 41 degrees Fahrenheit or below.
    As an alternative to mechanical refrigeration, an
    effectively insulated, hard-sided, cleanable container
    with sufficient ice or other cooling means that is intended
    for the storage of potentially hazardous food shall be
    used. Local health departments shall not limit vendors'
    choice of refrigeration or cooling equipment and shall not
    charge a fee for use of such equipment. Local health
    departments shall not be precluded from requiring an
    effective alternative form of cooling if a vendor is unable
    to maintain food at the appropriate temperature.
        (2) Handwashing stations may be shared by farmers'
    market vendors if handwashing stations are accessible to
    vendors.
(Source: P.A. 98-660, eff. 6-23-14; 99-9, eff. 7-10-15; 99-191,
eff. 1-1-16; 99-642, eff. 7-28-16.)

Effective Date: 6/1/2018