Illinois General Assembly - Full Text of SB1852
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Full Text of SB1852  97th General Assembly




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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



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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 implementing statewide administrative
26regulations for farmers' markets.



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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 provides for a
7statewide scheme for the orderly and consistent interpretation
8of the Department of Public Health administrative rules
9pertaining to the safety of food and food products sold at
10farmers' markets.
11    (e) The Farmers' Market Task Force shall consist of at
12least 24 members appointed within 60 days after the effective
13date of this Section. Task Force members shall consist of:
14        (1) one person appointed by the President of the
15    Senate;
16        (2) one person appointed by the Minority Leader of the
17    Senate;
18        (3) one person appointed by the Speaker of the House of
19    Representatives;
20        (4) one person appointed by the Minority Leader of the
21    House of Representatives;
22        (5) the Director of Public Health or his or her
23    designee;
24        (6) the Director of Agriculture or his or her designee;
25        (7) a representative of a general agricultural
26    production association appointed by the Department of



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1    Agriculture;
2        (8) three representatives of local county public
3    health departments appointed by the Director and selected
4    from 3 different counties representing each of the
5    northern, central, and southern portions of this State;
6        (9) four members of the general public who are engaged
7    in local farmers' markets appointed by the Director of
8    Agriculture;
9        (10) a representative of an association representing
10    public health administrators appointed by the Director;
11        (11) a representative of an organization of public
12    health departments that serve the City of Chicago and the
13    counties of Cook, DuPage, Kane, Kendall, Lake, McHenry,
14    Will, and Winnebago appointed by the Director;
15        (12) a representative of a general public health
16    association appointed by the Director;
17        (13) the Director of Commerce and Economic Opportunity
18    or his or her designee;
19        (14) the Lieutenant Governor or his or her designee;
20    and
21        (15) five farmers who sell their farm products at
22    farmers' markets appointed by the Lieutenant Governor or
23    his or her designee.
24    Task Force members' terms shall be for a period of 2 years,
25with ongoing appointments made according to the provisions of
26this Section.



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1    (f) The Task Force shall be convened by the Director or his
2or her designee. Members shall elect a Task Force Chair and
4    (g) Meetings may be held via conference call, in person, or
5both. Three members of the Task Force may call a meeting as
6long as a 5-working-day notification is sent via mail, e-mail,
7or telephone call to each member of the Task Force.
8    (h) Members of the Task Force shall serve without
10    (i) The Task Force shall undertake a comprehensive and
11thorough review of the current Statutes and administrative
12rules that define which products and practices are permitted
13and which products and practices are not permitted at farmers'
14markets and to assist the Department in developing statewide
15administrative regulations for farmers' markets.
16    (j) The Task Force shall assist the Department of Public
17Health and the Department of Agriculture in developing
18administrative regulations and procedures regarding the
19implementation of the various Acts that define which products
20and practices are permitted and which products and practices
21are not permitted at farmers' markets.
22    (k) The Department of Public Health shall provide staffing
23support to the Task Force and shall help to prepare, print, and
24distribute all reports deemed necessary by the Task Force.
25    (l) The Task Force may request assistance from any entity
26necessary or useful for the performance of its duties. The Task



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



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1    or jarred items; shell eggs; meat and poultry; fish; and
2    commercially produced prepackaged food products.
3    (n) Local health department regulatory guidelines may be
4applied to foods not often found at farmers' markets, all other
5food products not regulated by the Department of Agriculture
6and the Department of Public Health, as well as live animals to
7be sold at farmers' markets.
8    (o) The Task Force shall issue annual reports to the
9Secretary of the Senate and the Clerk of the House with
10recommendations for the development of administrative rules as
11specified. The first report shall be issued no later than
12December 31, 2012.
13    (p) The Department of Public Health and the Department of
14Agriculture, in conjunction with the Task Force, shall adopt
15administrative rules necessary to implement, interpret, and
16make specific the provisions of this Act, including, but not
17limited to, rules concerning labels, sanitation, and food
18product safety according to the realms of their jurisdiction.
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



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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



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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



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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.