Illinois General Assembly - Full Text of HB2820
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Full Text of HB2820  100th General Assembly




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1    AN ACT concerning 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 changing Section 3.3 as follows:
6    (410 ILCS 625/3.3)
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        (6) Recognizing that farmers' markets serve as small
14    business incubators and that farmers' profit margins
15    frequently are narrow, even in direct-to-consumer retail,
16    protecting farmers from costs of regulation that are
17    disproportionate to their profits will help ensure the
18    continued viability of these local farms and small
19    businesses.
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 the
24primary purpose is for farmers to gather to sell a variety of
25fresh fruits and vegetables and other locally produced farm and
26food products directly to consumers.



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1    "Task Force" means the Farmers' Market Task Force.
2    (c) In order to facilitate the orderly and uniform
3statewide implementation and affordability of the standards
4established in the Department of Public Health's
5administrative rules for this Section, the Farmers' Market Task
6Force shall be formed by the Director to assist the Department
7in implementing statewide administrative regulations for
8farmers' markets.
9    (d) This Section does not intend and shall not be construed
10to limit the power of counties, municipalities, and other local
11government units to regulate farmers' markets for the
12protection of the public health, safety, morals, and welfare,
13including, but not limited to, licensing requirements and time,
14place, and manner restrictions, except as specified in this
15Act. This Section provides for a statewide scheme for the
16orderly and consistent interpretation of the Department's
17Department of Public Health administrative rules pertaining to
18the safety of food and food products sold at farmers' markets.
19    (e) The Farmers' Market Task Force shall consist of at
20least 24 members appointed within 60 days after August 16, 2011
21(the effective date of this Section). Task Force members shall
22consist of:
23        (1) one person appointed by the President of the
24    Senate;
25        (2) one person appointed by the Minority Leader of the
26    Senate;



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1        (3) one person appointed by the Speaker of the House of
2    Representatives;
3        (4) one person appointed by the Minority Leader of the
4    House of Representatives;
5        (5) the Director of Public Health or his or her
6    designee;
7        (6) the Director of Agriculture or his or her designee;
8        (7) a representative of a general agricultural
9    production association appointed by the Department of
10    Agriculture;
11        (8) three representatives of local county public
12    health departments appointed by the Director and selected
13    from 3 different counties representing each of the
14    northern, central, and southern portions of this State;
15        (9) four members of the general public who are engaged
16    in local farmers' markets appointed by the Director of
17    Agriculture;
18        (10) a representative of an association representing
19    public health administrators appointed by the Director;
20        (11) a representative of an organization of public
21    health departments that serve the City of Chicago and the
22    counties of Cook, DuPage, Kane, Kendall, Lake, McHenry,
23    Will, and Winnebago appointed by the Director;
24        (12) a representative of a general public health
25    association appointed by the Director;
26        (13) the Director of Commerce and Economic Opportunity



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1    or his or her designee;
2        (14) the Lieutenant Governor or his or her designee;
3    and
4        (15) five farmers who sell their farm products at
5    farmers' markets appointed by the Lieutenant Governor or
6    his or her designee; and .
7        (16) one person appointed by the Mayor of Chicago.
8    Task Force members' terms shall be for a period of 2 years,
9with ongoing appointments made according to the provisions of
10this Section.
11    (f) The Task Force shall be convened by the Director or his
12or her designee. Members shall elect a Task Force Chair and
14    (g) Meetings may be held via conference call, in person, or
15both. Three members of the Task Force may call a meeting as
16long as a 5-working-day notification is sent via mail, e-mail,
17or telephone call to each member of the Task Force.
18    (h) Members of the Task Force shall serve without
20    (i) The Task Force shall undertake a comprehensive and
21thorough review of the current Statutes and administrative
22rules that define which products and practices are permitted
23and which products and practices are not permitted at farmers'
24markets and to assist the Department in developing statewide
25administrative regulations for farmers' markets.
26    (j) The Task Force shall advise the Department regarding



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1the content of any administrative rules adopted under this
2Section and Sections 3.4, 3.5, and 4 of this Act prior to
3adoption of the rules. Any administrative rules, except
4emergency rules adopted pursuant to Section 5-45 of the
5Illinois Administrative Procedure Act, adopted under this
6Section without obtaining the advice of the Task Force are null
7and void. If the Department fails to follow the advice of the
8Task Force, the Department shall, prior to adopting the rules,
9transmit a written explanation to the Task Force. If the Task
10Force, having been asked for its advice, fails to advise the
11Department within 90 days after receiving the rules for review,
12the rules shall be considered to have been approved by the Task
14    (k) The Department of Public Health shall provide staffing
15support to the Task Force and shall help to prepare, print, and
16distribute all reports deemed necessary by the Task Force.
17    (l) The Task Force may request assistance from any entity
18necessary or useful for the performance of its duties. The Task
19Force shall issue a report annually to the Secretary of the
20Senate and the Clerk of the House.
21    (m) The following provisions shall apply concerning
22statewide farmers' market food safety guidelines:
23        (1) The Director, in accordance with this Section,
24    shall adopt administrative rules (as provided by the
25    Illinois Administrative Procedure Act) for foods found at
26    farmers' markets.



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1        (2) The rules and regulations described in this Section
2    shall be consistently enforced by local health authorities
3    throughout the State.
4        (2.5) Notwithstanding any other provision of law
5    except as provided in this Section, local public health
6    departments and all other units of local government are
7    prohibited from creating sanitation guidelines, rules, or
8    regulations for farmers' markets that are more stringent
9    than those farmers' market sanitation regulations
10    contained in the administrative rules adopted by the
11    Department for the purposes of implementing this Section
12    and Sections 3.4, 3.5, and 4 of this Act. Except as
13    provided for in Sections 3.4 and 4 of this Act, this
14    Section does not intend and shall not be construed to limit
15    the power of local health departments and other government
16    units from requiring licensing and permits for the sale of
17    commercial food products, processed food products,
18    prepared foods, and potentially hazardous foods at
19    farmers' markets or conducting related inspections and
20    enforcement activities, so long as those permits and
21    licenses do not include unreasonable fees or sanitation
22    provisions and rules that are more stringent than those
23    laid out in the administrative rules adopted by the
24    Department for the purposes of implementing this Section
25    and Sections 3.4, 3.5, and 4 of this Act.
26        (3) In the case of alleged non-compliance with the



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1    provisions described in this Section, local health
2    departments shall issue written notices to vendors and
3    market managers of any noncompliance issues.
4        (4) Produce and food products coming within the scope
5    of the provisions of this Section shall include, but not be
6    limited to, raw agricultural products, including fresh
7    fruits and vegetables; popcorn, grains, seeds, beans, and
8    nuts that are whole, unprocessed, unpackaged, and
9    unsprouted; fresh herb springs and dried herbs in bunches;
10    baked goods sold at farmers' markets; cut fruits and
11    vegetables; milk and cheese products; ice cream; syrups;
12    wild and cultivated mushrooms; apple cider and other fruit
13    and vegetable juices; herb vinegar; garlic-in-oil;
14    flavored oils; pickles, relishes, salsas, and other canned
15    or jarred items; shell eggs; meat and poultry; fish;
16    ready-to-eat foods; commercially produced prepackaged food
17    products; and any additional items specified in the
18    administrative rules adopted by the Department to
19    implement Section 3.3 of this Act.
20    (n) Local health department regulatory guidelines may be
21applied to foods not often found at farmers' markets, all other
22food products not regulated by the Department of Agriculture
23and the Department of Public Health, as well as live animals to
24be sold at farmers' markets.
25    (o) The Task Force shall issue annual reports to the
26Secretary of the Senate and the Clerk of the House with



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1recommendations for the development of administrative rules as
2specified. The first report shall be issued no later than
3December 31, 2012.
4    (p) The Department of Public Health and the Department of
5Agriculture, in conjunction with the Task Force, shall adopt
6administrative rules necessary to implement, interpret, and
7make specific the provisions of this Section, including, but
8not limited to, rules concerning labels, sanitation, and food
9product safety according to the realms of their jurisdiction in
10accordance with subsection (j) of this Section.
11    (q) The Department and the Task Force shall work together
12to create a food sampling training and license program as
13specified in Section 3.4 of this Act.
14    (r) In addition to any rules adopted pursuant to subsection
15(p) of this Section, the following provisions shall be applied
16uniformly throughout the State, including to home rule units,
17except as otherwise provided in this Act:
18        (1) Farmers market vendors shall provide effective
19    means to maintain potentially hazardous food, as defined in
20    Section 4 of this Act, at 41 degrees Fahrenheit or below.
21    As an alternative to mechanical refrigeration, an
22    effectively insulated, hard-sided, cleanable container
23    with sufficient ice or other cooling means that is intended
24    for the storage of potentially hazardous food shall be
25    used. Local health departments shall not limit vendors'
26    choice of refrigeration or cooling equipment and shall not



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1    charge a fee for use of such equipment. Local health
2    departments shall not be precluded from requiring an
3    effective alternative form of cooling if a vendor is unable
4    to maintain food at the appropriate temperature.
5        (2) Handwashing stations may be shared by farmers'
6    market vendors if handwashing stations are accessible to
7    vendors.
8(Source: P.A. 98-660, eff. 6-23-14; 99-9, eff. 7-10-15; 99-191,
9eff. 1-1-16; 99-642, eff. 7-28-16.)