State of Illinois
2011 and 2012


Introduced 2/9/2011, by Sen. David Luechtefeld


410 ILCS 625/3.3 new
410 ILCS 650/11  from Ch. 56 1/2, par. 77

    Amends the Food Handling Regulation Enforcement Act. Provides that the Farmers' Market Task Force shall be formed by the Director to assist the Department in enacting statewide administrative regulations for farmers' markets. Provides for the appointment of members of the Task Force and their corresponding duties. Provides provisions concerning the statewide farmers' market food safety guidelines. Makes corresponding changes in the Sanitary Food Preparation Act. Effective immediately.

LRB097 09934 RPM 50098 b






SB1852LRB097 09934 RPM 50098 b

1    AN ACT concerning public 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 adding Section 3.3 as follows:
6    (410 ILCS 625/3.3 new)
7    Sec. 3.3. Farmers' markets.
8    (a) The General Assembly finds as follows:
9        (1) Farmers' markets, as defined in subsection (b) of
10    this Section, provide not only a valuable marketplace for
11    farmers and food artisans to sell their products directly
12    to consumers, but also a place for consumers to access
13    fresh fruits, vegetables, and other agricultural products.
14        (2) Farmers' markets serve as a stimulator for local
15    economies and for thousands of new businesses every year,
16    allowing farmers to sell directly to consumers and capture
17    the full retail value of their products. They have become
18    important community institutions and have figured in the
19    revitalization of downtown districts and rural
20    communities.
21        (3) Since 1999, the number of farmers' markets has
22    tripled and new ones are being established every year.
23    There is a lack of consistent regulation from one county to



SB1852- 2 -LRB097 09934 RPM 50098 b

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



SB1852- 3 -LRB097 09934 RPM 50098 b

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



SB1852- 4 -LRB097 09934 RPM 50098 b

1        (8) three representatives of local county public
2    health departments appointed by the Director and selected
3    from 3 different counties representing each of the
4    northern, central, and southern portions of this State; and
5        (9) four members of the general public who are engaged
6    in local farmers' markets appointed by the Director of
7    Agriculture.
8    Members' terms shall be for a period of 2 years, with
9additional appointments approved by the majority of the Task
11    (f) The Task Force shall be convened by the Director.
12Members shall vote for the Chair and Co-Chair.
13    (g) Meetings shall be held monthly or more if necessary via
14conference call or in person or both. Three members of the Task
15Force may call a meeting as long as there is a 5-working-day
16notification to all members of the Task Force.
17    (h) The members of the Task Force shall serve without
19    (i) The Task Force may appoint new members as it sees fit
20to serve as representatives of local farmers' markets or other
21concerned parties.
22    (j) The Task Force shall undertake a comprehensive and
23thorough review of the current implementation of the various
24Acts that define which products and practices are permitted and
25which products and practices are not permitted at farmers'
26markets and to assist the Department in enacting statewide



SB1852- 5 -LRB097 09934 RPM 50098 b

1administrative regulations for farmers' markets.
2    (k) The Task Force shall assist the Department in
3developing administrative regulations, interagency agreements,
4and programs and procedures regarding the implementation of the
5various Acts that define which products and practices are
6permitted and which products and practices are not permitted at
7farmers' markets.
8    (l) The Department shall provide staffing support to the
9Task Force and shall administer and prepare all reports deemed
10necessary in conjunction with the Task Force.
11    (m) The Task Force may request assistance from any entity
12necessary or useful for the performance of its duties. The Task
13Force shall report annually to the Secretary of the Senate and
14the Clerk of the House.
15    (n) The following provisions shall apply concerning
16statewide farmers' market food safety guidelines:
17        (1) The Director, in accordance with this Section,
18    shall adopt administrative rules and regulatory guidelines
19    (as provided by the Illinois Administrative Procedure Act)
20    for foods often found at farmers' markets.
21        (2) The rules and regulations described in this Act
22    shall be consistently enforced by local health department
23    authorities throughout the State.
24        (3) In the case of alleged non-compliance with the
25    provisions described in this Act, the local health
26    departments shall issue written notices to vendors and



SB1852- 6 -LRB097 09934 RPM 50098 b

1    market managers of any noncompliance issues.
2        (4) Foods coming within the scope of the provisions of
3    this Act shall include, but not be limited to, raw
4    agricultural products, including fresh fruits and
5    vegetables; popcorn, grains, seeds, beans, and nuts that
6    are whole, unprocessed, unpackaged, and unsprouted; fresh
7    herb springs and dried herbs in bunches; baked goods sold
8    at farmers' markets; cut fruits and vegetables; milk and
9    cheese products; ice cream; syrups; wild and cultivated
10    mushrooms; apple cider and other fruit and vegetable
11    juices; herb vinegar; garlic-in-oil; flavored oils;
12    pickles, relishes, salsas, and other canned or jarred
13    items; shell eggs; meat and poultry; fish; and commercially
14    produced prepackaged food products.
15    (o) Local health department regulatory guidelines may be
16applied to foods not often found at farmers' markets and any
17other food products not regulated by the Department as well as
18live animals to be sold at farmers markets.
19    Section 10. The Sanitary Food Preparation Act is amended by
20changing Section 11 as follows:
21    (410 ILCS 650/11)  (from Ch. 56 1/2, par. 77)
22    Sec. 11. Except as hereinafter provided and as provided in
23Section 3.3 of the Food Handling Regulation Enforcement Act,
24the Department of Public Health shall enforce this Act, and for



SB1852- 7 -LRB097 09934 RPM 50098 b

1that purpose it may at all times enter every such building,
2room, basement, inclosure or premises occupied or used or
3suspected of being occupied or used for the production,
4preparation or manufacture for sale, or the storage, sale,
5distribution or transportation of such food, to inspect the
6premises and all utensils, fixtures, furniture and machinery
7used as aforesaid; and if upon inspection any such food
8producing or distribution establishment, conveyance, or
9employer, employee, clerk, driver or other person is found to
10be violating any of the provisions of this Act, or if the
11production, preparation, manufacture, packing, storage, sale,
12distribution or transportation of such food is being conducted
13in a manner detrimental to the health of the employees and
14operatives, or to the character or quality of the food therein
15being produced, manufactured, packed, stored, sold,
16distributed or conveyed, the officer or inspector making the
17inspection or examination shall report such conditions and
18violations to the Department. The Department of Agriculture
19shall have exclusive jurisdiction for the enforcement of this
20Act insofar as it relates to establishments defined by Section
212.5 of "The Meat and Poultry Inspection Act", approved July 22,
221959, as heretofore or hereafter amended. The Department of
23Agriculture or Department of Public Health, as the case may be,
24shall thereupon issue a written order to the person, firm or
25corporation responsible for the violation or condition
26aforesaid to abate such condition or violation or to make such



SB1852- 8 -LRB097 09934 RPM 50098 b

1changes or improvements as may be necessary to abate them,
2within such reasonable time as may be required. Notice of the
3order may be served by delivering a copy thereof to the person,
4firm or corporation, or by sending a copy thereof by registered
5mail, and the receipt thereof through the post office shall be
6prima facie evidence that notice of the order has been
7received. Such person, firm or corporation may appear in person
8or by attorney before the Department of Agriculture or the
9Department of Public Health, as the case may be, within the
10time limited in the order, and shall be given an opportunity to
11be heard and to show why such order or instructions should not
12be obeyed. The hearing shall be under such rules and
13regulations as may be prescribed by the Department of
14Agriculture or the Department of Public Health, as the case may
15be. If after such hearing it appears that this Act has not been
16violated, the order shall be rescinded. If it appears that this
17Act is being violated, and that the person, firm or corporation
18notified is responsible therefor, the previous order shall be
19confirmed or amended, as the facts shall warrant, and shall
20thereupon be final, but such additional time as is necessary
21may be granted within which to comply with the final order. If
22such person, firm or corporation is not present or represented
23when such final order is made, notice thereof shall be given as
24above provided. On failure of the party or parties to comply
25with the first order of the Department of Agriculture or the
26Department of Public Health, as the case may be, within the



SB1852- 9 -LRB097 09934 RPM 50098 b

1time prescribed, when no hearing is demanded, or upon failure
2to comply with the final order within the time specified, the
3Department shall certify the facts to the State's Attorney of
4the county in which such violation occurred, and such State's
5Attorney shall proceed against the party or parties for the
6fines and penalties provided by this Act, and also for the
7abatement of the nuisance: Provided, that the proceedings
8herein prescribed for the abatement of nuisances as defined in
9this Act shall not in any manner relieve the violator from
10prosecution in the first instance for every such violation, nor
11from the penalties for such violation prescribed by Section 13.
12(Source: P.A. 81-1509.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.