Sen. David S. Luechtefeld

Filed: 4/11/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 1852 by replacing
3everything after the enacting clause with the following:
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



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1    the full retail value of their products. They have become
2    important community institutions and have figured in the
3    revitalization of downtown districts and rural
4    communities.
5        (3) Since 1999, the number of farmers' markets has
6    tripled and new ones are being established every year.
7    There is a lack of consistent regulation from one county to
8    the next, resulting in confusion and discrepancies between
9    counties regarding how products may be sold.
10        (4) In 1999, the Department of Public Health published
11    Technical Information Bulletin/Food #30 in order to
12    outline the food handling and sanitation guidelines
13    required for farmers' markets, producer markets, and other
14    outdoor food sales events.
15        (5) While this bulletin was revised in 2010, there
16    continues to be inconsistencies, confusion, and lack of
17    awareness by consumers, farmers, markets, and local health
18    authorities of required guidelines affecting farmers'
19    markets from county to county.
20    (b) For the purposes of this Section:
21    "Department" means the Department of Public Health.
22    "Director" means the Director of Public Health.
23    "Farmers' market" means a common facility or area where
24farmers gather to sell a variety of fresh fruits and vegetables
25and other locally produced farm and food products directly to
26consumers. Local food artisans may participate at farmers'



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2    (c) In order to facilitate the orderly and uniform
3statewide interpretation of the Department of Public Health's
4Technical Information Bulletin/Food #30, the Farmers' Market
5Task Force shall be formed by the Director to assist the
6Department in implementing statewide administrative
7regulations for farmers' markets.
8    (d) This Act does not intend and shall not be construed to
9limit the power of counties, municipalities, and other local
10government units to regulate farmers' markets for the
11protection of the public health, safety, morals, and welfare,
12including, but not limited to, licensing requirements and time,
13place, and manner restrictions. This Act provides for a
14statewide scheme for the orderly and consistent interpretation
15of the Department of Public Health administrative rules
16pertaining to the safety of food and food products sold at
17farmers' markets.
18    (e) The Farmers' Market Task Force shall consist of at
19least 23 members appointed within 60 days after the effective
20date of this Section. Task Force members shall consist of:
21        (1) one person appointed by the President of the
22    Senate;
23        (2) one person appointed by the Minority Leader of the
24    Senate;
25        (3) one person appointed by the Speaker of the House of
26    Representatives;



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1        (4) one person appointed by the Minority Leader of the
2    House of Representatives;
3        (5) the Director of Public Health or his or her
4    designee;
5        (6) the Director of Agriculture or his or her designee;
6        (7) a representative of a general agricultural
7    production association appointed by the Department of
8    Agriculture;
9        (8) three representatives of local county public
10    health departments appointed by the Director and selected
11    from 3 different counties representing each of the
12    northern, central, and southern portions of this State;
13        (9) four members of the general public who are engaged
14    in local farmers' markets appointed by the Director of
15    Agriculture;
16        (10) a representative of the Illinois Association of
17    Public Health Administrators;
18        (11) a representative from the Northern Illinois
19    Public Health Consortium;
20        (12) a representative of the Illinois Public Health
21    Association;
22        (13) the Director of Commerce and Economic Opportunity
23    or his or her designee; and
24        (14) five local food farmers selected by the Illinois
25    Farmers Market Network.
26    Task Force members' terms shall be for a period of 2 years,



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1with ongoing appointments made according to the provisions of
2this Section.
3    (f) The Task Force shall be convened by the Director or his
4or her designee. Members shall elect a Task Force Chair and
6    (g) Meetings may be held via conference call, in person, or
7both. Three members of the Task Force may call a meeting as
8long as a 5-working-day notification is sent via mail, e-mail,
9or telephone call to each member of the Task Force.
10    (h) Members of the Task Force shall serve without
12    (i) The Task Force shall undertake a comprehensive and
13thorough review of the current Statutes and administrative
14rules that define which products and practices are permitted
15and which products and practices are not permitted at farmers'
16markets and to assist the Department in developing statewide
17administrative regulations for farmers' markets.
18    (j) The Task Force shall assist the Department of Public
19Health and the Department of Agriculture in developing
20administrative regulations and procedures regarding the
21implementation of the various Acts that define which products
22and practices are permitted and which products and practices
23are not permitted at farmers' markets.
24    (k) The Department of Public Health shall provide staffing
25support to the Task Force and shall help to prepare, print, and
26distribute all reports deemed necessary by the Task Force.



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1    (l) The Task Force may request assistance from any entity
2necessary or useful for the performance of its duties. The Task
3Force shall issue a report annually to the Secretary of the
4Senate and the Clerk of the House.
5    (m) The following provisions shall apply concerning
6statewide farmers' market food safety guidelines:
7        (1) The Director, in accordance with this Section,
8    shall adopt administrative rules (as provided by the
9    Illinois Administrative Procedure Act) for foods found at
10    farmers' markets.
11        (2) The rules and regulations described in this Act
12    shall be consistently enforced by local health authorities
13    throughout the State.
14        (3) In the case of alleged non-compliance with the
15    provisions described in this Act, local health departments
16    shall issue written notices to vendors and market managers
17    of any noncompliance issues.
18        (4) Produce and food products coming within the scope
19    of the provisions of this Act shall include, but not be
20    limited to, raw agricultural products, including fresh
21    fruits and vegetables; popcorn, grains, seeds, beans, and
22    nuts that are whole, unprocessed, unpackaged, and
23    unsprouted; fresh herb springs and dried herbs in bunches;
24    baked goods sold at farmers' markets; cut fruits and
25    vegetables; milk and cheese products; ice cream; syrups;
26    wild and cultivated mushrooms; apple cider and other fruit



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1    and vegetable juices; herb vinegar; garlic-in-oil;
2    flavored oils; pickles, relishes, salsas, and other canned
3    or jarred items; shell eggs; meat and poultry; fish; and
4    commercially produced prepackaged food products.
5    (n) Local health department regulatory guidelines may be
6applied to foods not often found at farmers' markets, all other
7food products not regulated by the Department of Agriculture
8and the Department of Public Health, as well as live animals to
9be sold at farmers' markets.
10    (o) The Task Force shall issue annual reports to the
11Secretary of the Senate and the Clerk of the House with
12recommendations for the development of administrative rules as
13specified. The first report shall be issued no later than
14December 31, 2012.
15    (p) The Department of Public Health and the Department of
16Agriculture, in conjunction with the Task Force, shall adopt
17administrative rules necessary to implement, interpret, and
18make specific the provisions of this Act, including, but not
19limited to, rules concerning labels, sanitation, and food
20product safety according to the realms of their jurisdiction.
21    Section 10. The Sanitary Food Preparation Act is amended by
22changing Section 11 as follows:
23    (410 ILCS 650/11)  (from Ch. 56 1/2, par. 77)
24    Sec. 11. Except as hereinafter provided and as provided in



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1Section 3.3 of the Food Handling Regulation Enforcement Act,
2the Department of Public Health shall enforce this Act, and for
3that purpose it may at all times enter every such building,
4room, basement, inclosure or premises occupied or used or
5suspected of being occupied or used for the production,
6preparation or manufacture for sale, or the storage, sale,
7distribution or transportation of such food, to inspect the
8premises and all utensils, fixtures, furniture and machinery
9used as aforesaid; and if upon inspection any such food
10producing or distribution establishment, conveyance, or
11employer, employee, clerk, driver or other person is found to
12be violating any of the provisions of this Act, or if the
13production, preparation, manufacture, packing, storage, sale,
14distribution or transportation of such food is being conducted
15in a manner detrimental to the health of the employees and
16operatives, or to the character or quality of the food therein
17being produced, manufactured, packed, stored, sold,
18distributed or conveyed, the officer or inspector making the
19inspection or examination shall report such conditions and
20violations to the Department. The Department of Agriculture
21shall have exclusive jurisdiction for the enforcement of this
22Act insofar as it relates to establishments defined by Section
232.5 of "The Meat and Poultry Inspection Act", approved July 22,
241959, as heretofore or hereafter amended. The Department of
25Agriculture or Department of Public Health, as the case may be,
26shall thereupon issue a written order to the person, firm or



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



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1with the first order of the Department of Agriculture or the
2Department of Public Health, as the case may be, within the
3time prescribed, when no hearing is demanded, or upon failure
4to comply with the final order within the time specified, the
5Department shall certify the facts to the State's Attorney of
6the county in which such violation occurred, and such State's
7Attorney shall proceed against the party or parties for the
8fines and penalties provided by this Act, and also for the
9abatement of the nuisance: Provided, that the proceedings
10herein prescribed for the abatement of nuisances as defined in
11this Act shall not in any manner relieve the violator from
12prosecution in the first instance for every such violation, nor
13from the penalties for such violation prescribed by Section 13.
14(Source: P.A. 81-1509.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".