Full Text of SB1852 97th General Assembly
SB1852sam001 97TH GENERAL ASSEMBLY | Sen. David S. Luechtefeld Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 1852
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1852 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Food Handling Regulation Enforcement Act is | 5 | | amended 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 | 24 | | farmers gather to sell a variety of fresh fruits and vegetables | 25 | | and other locally produced farm and food products directly to | 26 | | consumers. Local food artisans may participate at farmers' |
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| 1 | | markets. | 2 | | (c) In order to facilitate the orderly and uniform | 3 | | statewide interpretation of the Department of Public Health's | 4 | | Technical Information Bulletin/Food #30, the Farmers' Market | 5 | | Task Force shall be formed by the Director to assist the | 6 | | Department in implementing statewide administrative | 7 | | regulations for farmers' markets. | 8 | | (d)
This Act does not intend and shall not be construed to | 9 | | limit the power of counties, municipalities, and other local | 10 | | government units to regulate farmers' markets for the | 11 | | protection of the public health, safety, morals, and welfare, | 12 | | including, but not limited to, licensing requirements and time, | 13 | | place, and manner restrictions. This Act provides for a | 14 | | statewide scheme for the orderly and consistent interpretation | 15 | | of the Department of Public Health administrative rules | 16 | | pertaining to the safety of food and food products sold at | 17 | | farmers' markets. | 18 | | (e) The Farmers' Market Task Force shall consist of at | 19 | | least 23 members appointed within
60 days after the effective | 20 | | date 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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| 1 | | with ongoing appointments made according to the provisions of | 2 | | this Section. | 3 | | (f) The Task Force shall be convened by the Director or his | 4 | | or her designee. Members shall elect a Task Force Chair and | 5 | | Co-Chair. | 6 | | (g) Meetings may be held via conference call, in person, or | 7 | | both. Three members of the Task Force may call a meeting as | 8 | | long as a 5-working-day notification is sent via mail, e-mail, | 9 | | or telephone call to each member of the Task Force. | 10 | | (h) Members of the Task Force shall serve without | 11 | | compensation. | 12 | | (i) The Task Force shall undertake a comprehensive and | 13 | | thorough review of the current Statutes and administrative | 14 | | rules that define which products and practices are permitted | 15 | | and which products and practices are not permitted at farmers' | 16 | | markets and to assist the Department in developing statewide | 17 | | administrative regulations for farmers' markets. | 18 | | (j) The Task Force shall assist the Department of Public | 19 | | Health and the Department of Agriculture in developing | 20 | | administrative regulations and procedures regarding the | 21 | | implementation of the various Acts that define which products | 22 | | and practices are permitted and which products and practices | 23 | | are not permitted at farmers' markets. | 24 | | (k) The Department of Public Health shall provide staffing | 25 | | support to the Task Force and shall help to prepare, print, and | 26 | | distribute all reports deemed necessary by the Task Force. |
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| 1 | | (l) The Task Force may request assistance from any entity | 2 | | necessary or useful for the performance of its duties. The Task | 3 | | Force shall issue a report annually to the Secretary of the | 4 | | Senate and the Clerk of the House. | 5 | | (m) The following provisions shall apply concerning | 6 | | statewide 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 | 6 | | applied to foods not often found at farmers' markets, all other | 7 | | food products not regulated by the Department of Agriculture | 8 | | and the Department of Public Health, as well as live animals to | 9 | | be sold at farmers' markets. | 10 | | (o) The Task Force shall issue annual reports to the | 11 | | Secretary of the Senate and the Clerk of the House with | 12 | | recommendations for the development of administrative rules as | 13 | | specified. The first report shall be issued no later than | 14 | | December 31, 2012. | 15 | | (p) The Department of Public Health and the Department of | 16 | | Agriculture, in conjunction with the Task Force, shall adopt | 17 | | administrative rules necessary to implement, interpret, and | 18 | | make specific the provisions of this Act, including, but not | 19 | | limited to, rules concerning labels, sanitation, and food | 20 | | product safety according to the realms of their jurisdiction. | 21 | | Section 10. The Sanitary Food Preparation Act is amended by | 22 | | changing 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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| 1 | | Section 3.3 of the Food Handling Regulation Enforcement Act , | 2 | | the Department of Public
Health shall enforce this Act, and for | 3 | | that purpose it may at all times
enter every such building, | 4 | | room, basement, inclosure or premises
occupied or used or | 5 | | suspected of being occupied or used for the
production, | 6 | | preparation or manufacture for sale, or the storage, sale,
| 7 | | distribution or transportation of such food, to inspect the | 8 | | premises and
all utensils, fixtures, furniture and machinery | 9 | | used as aforesaid; and
if upon inspection any such food | 10 | | producing or distribution
establishment, conveyance, or | 11 | | employer, employee, clerk, driver or other
person is found to | 12 | | be violating any of the provisions of this Act, or if
the | 13 | | production, preparation, manufacture, packing, storage, sale,
| 14 | | distribution or transportation of such food is being conducted | 15 | | in a
manner detrimental to the health of the employees and | 16 | | operatives, or to
the character or quality of the food therein | 17 | | being produced,
manufactured, packed, stored, sold, | 18 | | distributed or conveyed, the officer
or inspector making the | 19 | | inspection or examination shall report such
conditions and | 20 | | violations to the Department. The Department of
Agriculture | 21 | | shall have exclusive jurisdiction for the enforcement of
this | 22 | | Act insofar as it relates to establishments defined by Section | 23 | | 2.5
of "The Meat and Poultry Inspection Act", approved July
22, | 24 | | 1959, as heretofore or hereafter amended. The Department of
| 25 | | Agriculture or Department of Public Health, as the case may be, | 26 | | shall
thereupon issue a written order to the person, firm or |
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| 1 | | corporation
responsible for the violation or condition | 2 | | aforesaid to abate such
condition or violation or to make such | 3 | | changes or improvements as may be
necessary to abate them, | 4 | | within such reasonable time as may be required.
Notice of the | 5 | | order may be served by delivering a copy thereof to the
person, | 6 | | firm or corporation, or by sending a copy thereof by registered
| 7 | | mail, and the receipt thereof through the post office shall be | 8 | | prima
facie evidence that notice of the order has been | 9 | | received. Such person,
firm or corporation may appear in person | 10 | | or by attorney before the
Department of Agriculture or the | 11 | | Department of Public Health, as the
case may be, within the | 12 | | time limited in the order, and shall be given an
opportunity to | 13 | | be heard and to show why such order or instructions
should not | 14 | | be obeyed. The hearing shall be under such rules and
| 15 | | regulations as may be prescribed by the Department of | 16 | | Agriculture or the
Department of Public Health, as the case may | 17 | | be. If after such hearing
it appears that this Act has not been | 18 | | violated, the order shall be
rescinded. If it appears that this | 19 | | Act is being violated, and that the
person, firm or corporation | 20 | | notified is responsible therefor, the
previous order shall be | 21 | | confirmed or amended, as the facts shall
warrant, and shall | 22 | | thereupon be final, but such additional time as is
necessary | 23 | | may be granted within which to comply with the final order. If
| 24 | | such person, firm or corporation is not present or represented | 25 | | when such
final order is made, notice thereof shall be given as | 26 | | above provided. On
failure of the party or parties to comply |
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| 1 | | with the first order of the
Department of Agriculture or the | 2 | | Department of Public Health, as the
case may be, within the | 3 | | time prescribed, when no hearing is demanded, or
upon failure | 4 | | to comply with the final order within the time specified,
the | 5 | | Department shall certify the facts to the State's Attorney of | 6 | | the
county in which such violation occurred, and such State's | 7 | | Attorney shall
proceed against the party or parties for the | 8 | | fines and penalties
provided by this Act, and also for the | 9 | | abatement of the nuisance:
Provided, that the proceedings | 10 | | herein prescribed for the abatement of
nuisances as defined in | 11 | | this Act shall not in any manner relieve the
violator from | 12 | | prosecution in the first instance for every such
violation, nor | 13 | | from 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 | 16 | | becoming law.".
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