Illinois General Assembly - Full Text of HB2486
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Full Text of HB2486  99th 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 Sections 3.3 and 4 and by renumbering and
6changing Section 3.4 as added by Public Act 98-643 as follows:
7    (410 ILCS 625/3.3)
8    Sec. 3.3. Farmers' markets.
9    (a) The General Assembly finds as follows:
10        (1) Farmers' markets, as defined in subsection (b) of
11    this Section, provide not only a valuable marketplace for
12    farmers and food artisans to sell their products directly
13    to consumers, but also a place for consumers to access
14    fresh fruits, vegetables, and other agricultural products.
15        (2) Farmers' markets serve as a stimulator for local
16    economies and for thousands of new businesses every year,
17    allowing farmers to sell directly to consumers and capture
18    the full retail value of their products. They have become
19    important community institutions and have figured in the
20    revitalization of downtown districts and rural
21    communities.
22        (3) Since 1999, the number of farmers' markets has
23    tripled and new ones are being established every year.



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1    There is a lack of consistent regulation from one county to
2    the next, resulting in confusion and discrepancies between
3    counties regarding how products may be sold.
4        (4) In 1999, the Department of Public Health published
5    Technical Information Bulletin/Food #30 in order to
6    outline the food handling and sanitation guidelines
7    required for farmers' markets, producer markets, and other
8    outdoor food sales events.
9        (5) While this bulletin was revised in 2010, there
10    continues to be inconsistencies, confusion, and lack of
11    awareness by consumers, farmers, markets, and local health
12    authorities of required guidelines affecting farmers'
13    markets from county to county.
14    (b) For the purposes of this Section:
15    "Department" means the Department of Public Health.
16    "Director" means the Director of Public Health.
17    "Farmers' market" means a common facility or area where the
18primary purpose is for farmers to gather to sell a variety of
19fresh fruits and vegetables and other locally produced farm and
20food products directly to consumers.
21    (c) In order to facilitate the orderly and uniform
22statewide implementation of the standards established in the
23Department of Public Health's administrative rules for this
24Act, the Farmers' Market Task Force shall be formed by the
25Director to assist the Department in implementing statewide
26administrative regulations 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 advise the Department regarding
17the content of any administrative rules adopted under this
18Section and Sections 3.4, 3.5, and 4 of this Act prior to
19adoption of the rules. Any administrative rules, except
20emergency rules adopted pursuant to Section 5-45 of the
21Illinois Administrative Procedure Act, adopted without
22obtaining the advice of the Task Force are null and void. If
23the Department fails to follow the advice of the Task Force,
24the Department shall, prior to adopting the rules, transmit a
25written explanation to the Task Force. If the Task Force,
26having been asked for its advice, fails to advise the



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1Department within 90 days after receiving the rules for review,
2the rules shall be considered to have been approved by the Task
4    (k) The Department of Public Health shall provide staffing
5support to the Task Force and shall help to prepare, print, and
6distribute all reports deemed necessary by the Task Force.
7    (l) The Task Force may request assistance from any entity
8necessary or useful for the performance of its duties. The Task
9Force shall issue a report annually to the Secretary of the
10Senate and the Clerk of the House.
11    (m) The following provisions shall apply concerning
12statewide farmers' market food safety guidelines:
13        (1) The Director, in accordance with this Section,
14    shall adopt administrative rules (as provided by the
15    Illinois Administrative Procedure Act) for foods found at
16    farmers' markets.
17        (2) The rules and regulations described in this Act
18    shall be consistently enforced by local health authorities
19    throughout the State.
20        (2.5) Notwithstanding any other provision of law
21    except as provided in this Act, local public health
22    departments and all other units of local government are
23    prohibited from creating sanitation guidelines, rules, or
24    regulations for farmers' markets that are more stringent
25    than those farmers' market sanitation regulations
26    contained in the administrative rules adopted by the



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1    Department for the purposes of implementing this Section
2    3.3 and Sections 3.4, 3.5, and 4 of this Act. Except as
3    provided for in Sections Section 3.4 and 4 of this Act,
4    this Act does not intend and shall not be construed to
5    limit the power of local health departments and other
6    government units from requiring licensing and permits for
7    the sale of commercial food products, processed food
8    products, prepared foods, and potentially hazardous foods
9    at farmers' markets or conducting related inspections and
10    enforcement activities, so long as those permits and
11    licenses do not include unreasonable fees or sanitation
12    provisions and rules that are more stringent than those
13    laid out in the administrative rules adopted by the
14    Department for the purposes of implementing this Section
15    3.3 and Sections 3.4, 3.5, and 4 of this Act.
16        (3) In the case of alleged non-compliance with the
17    provisions described in this Act, local health departments
18    shall issue written notices to vendors and market managers
19    of any noncompliance issues.
20        (4) Produce and food products coming within the scope
21    of the provisions of this Act shall include, but not be
22    limited to, raw agricultural products, including fresh
23    fruits and vegetables; popcorn, grains, seeds, beans, and
24    nuts that are whole, unprocessed, unpackaged, and
25    unsprouted; fresh herb springs and dried herbs in bunches;
26    baked goods sold at farmers' markets; cut fruits and



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1    vegetables; milk and cheese products; ice cream; syrups;
2    wild and cultivated mushrooms; apple cider and other fruit
3    and vegetable juices; herb vinegar; garlic-in-oil;
4    flavored oils; pickles, relishes, salsas, and other canned
5    or jarred items; shell eggs; meat and poultry; fish;
6    ready-to-eat foods; commercially produced prepackaged food
7    products; and any additional items specified in the
8    administrative rules adopted by the Department to
9    implement Section 3.3 of this Act.
10    (n) Local health department regulatory guidelines may be
11applied to foods not often found at farmers' markets, all other
12food products not regulated by the Department of Agriculture
13and the Department of Public Health, as well as live animals to
14be sold at farmers' markets.
15    (o) The Task Force shall issue annual reports to the
16Secretary of the Senate and the Clerk of the House with
17recommendations for the development of administrative rules as
18specified. The first report shall be issued no later than
19December 31, 2012.
20    (p) The Department of Public Health and the Department of
21Agriculture, in conjunction with the Task Force, shall adopt
22administrative rules necessary to implement, interpret, and
23make specific the provisions of this Act, including, but not
24limited to, rules concerning labels, sanitation, and food
25product safety according to the realms of their jurisdiction in
26accordance with subsection (j) of this Section. The Task Force



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1shall submit recommendations for administrative rules to the
2Department no later than December 15, 2014.
3    (q) The Department and the Task Force shall work together
4to create a food sampling training and license program as
5specified in Section 3.4 of this Act.
6(Source: P.A. 97-394, eff. 8-16-11; 98-660, eff. 6-23-14.)
7    (410 ILCS 625/3.6)
8    Sec. 3.6 3.4. Home kitchen operation.
9    (a) For the purpose of this Section, "home kitchen
10operation" means a person who produces or packages
11non-potentially hazardous baked goods food in a kitchen of that
12person's primary domestic residence for direct sale by the
13owner or a family member. As used in this Section, "baked good"
14has the meaning given to that term under subparagraph (C) of
15paragraph (1) of subsection (b) of Section 4 of this Act. A
16home kitchen operation does not include a person who produces
17or packages non-potentially hazardous baked goods for sale by a
18religious, charitable, or nonprofit organization for
19fundraising purposes; the production or packaging of
20non-potentially hazardous baked goods for these purposes is
21exempt from the requirements of this Act , or for sale by a
22religious, charitable, or nonprofit organization, stored in
23the residence where the food is made. The following conditions
24must be met in order to qualify as a home kitchen operation:
25        (1) Monthly gross sales do not exceed $1,000.



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1        (2) The food is not a non-potentially potentially
2    hazardous baked good food, as described defined in Section
3    4 of this Act.
4        (3) A notice is provided to the purchaser that the
5    product was produced in a home kitchen.
6        (4) The food package is affixed with a label or other
7    written notice is provided to the purchaser that includes:
8            (i) the common or usual name of the food product;
9        and
10            (ii) allergen labeling as specified in federal
11        labeling requirements by the United States Food and
12        Drug Administration.
13        (5) The food is sold directly to the consumer.
14        (6) The food is stored in the residence where it is
15    produced or packaged.
16    (b) The Department of Public Health or the health
17department of a unit of local government may inspect a home
18kitchen operation in the event of a complaint or disease
20    (c) The requirements of this This Section apply applies
21only to a home kitchen operation located in a municipality,
22township, or county where the local governing body having the
23jurisdiction to enforce this Act or the rules adopted under
24this Act has adopted an ordinance authorizing home kitchen
25operations the direct sale of baked goods as described in
26Section 4 of this Act.



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1(Source: P.A. 98-643, eff. 6-10-14; revised 10-20-14.)
2    (410 ILCS 625/4)
3    Sec. 4. Cottage food operation.
4    (a) For the purpose of this Section:
5    "Cottage food operation" means an operation conducted by a
6person who produces or packages non-potentially hazardous food
7in a kitchen located in that person's primary domestic
8residence or another appropriately designed and equipped
9residential or commercial-style kitchen on that property for
10direct sale by the owner, or a family member, or employee
11stored in the residence or appropriately designed and equipped
12residential or commercial-style kitchen on that property where
13the food is made.
14    "Department" means the Department of Public Health.
15    "Farmers' market" means a common facility or area where
16farmers gather to sell a variety of fresh fruits and vegetables
17and other locally produced farm and food products directly to
19    "Main ingredient" means an agricultural product that is the
20defining or distinctive ingredient in a cottage food product,
21though not necessarily by predominance of weight.
22    "Potentially hazardous food" means a food that is
23potentially hazardous according to the Department's
24administrative rules. Potentially hazardous food (PHF) in
25general means a food that requires time and temperature control



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1for safety (TCS) to limit pathogenic microorganism growth or
2toxin formation.
3    (b) Notwithstanding any other provision of law and except
4as provided in subsections (c), and (d), and (e) of this
5Section, neither the Department nor the Department of
6Agriculture nor the health department of a unit of local
7government may regulate the service of food by a cottage food
8operation providing that all of the following conditions are
10        (1) The food is not a non-potentially potentially
11    hazardous baked good, jam, jelly, preserve, fruit butter,
12    dry herb, dry herb blend, or dry tea blend, or similar
13    product as adopted and specified by Department rules
14    pursuant to subsection (e) of this Section, and is intended
15    for end-use only. The following provisions shall apply:
16            (A) The following jams, jellies and preserves are
17        allowed: apple, apricot, grape, peach, plum, quince,
18        orange, nectarine, tangerine, blackberry, raspberry,
19        blueberry, boysenberry, cherry, cranberry, strawberry,
20        red currants, or a combination of these fruits.
21        Rhubarb, tomato, and pepper jellies or jams are not
22        allowed. Any other jams, jellies, or preserves not
23        listed may be produced by a cottage food operation
24        provided their recipe has been tested and documented by
25        a commercial laboratory, at the expense of the cottage
26        food operation, as being not potentially hazardous,



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1        containing a pH equilibrium of less than 4.6 or has
2        been specified and adopted as allowed in
3        administrative rules by the Department pursuant to
4        subsection (e) of this Section.
5            (B) The following fruit butters are allowed:
6        apple, apricot, grape, peach, plum, quince, and prune.
7        Pumpkin butter, banana butter, and pear butter are not
8        allowed. Fruit butters not listed may be produced by a
9        cottage food operation provided their recipe has been
10        tested and documented by a commercial laboratory, at
11        the expense of the cottage food operation, as being not
12        potentially hazardous, containing a pH equilibrium of
13        less than 4.6 or has been specified and adopted as
14        allowed in administrative rules by the Department
15        pursuant to subsection (e) of this Section.
16            (C) Baked goods, such as, but not limited to,
17        breads, cookies, cakes, pies, and pastries are
18        allowed. Only high-acid fruit pies that use the
19        following fruits are allowed: apple, apricot, grape,
20        peach, plum, quince, orange, nectarine, tangerine,
21        blackberry, raspberry, blueberry, boysenberry, cherry,
22        cranberry, strawberry, red currants or a combination
23        of these fruits. Fruit pies not listed may be produced
24        by a cottage food operation provided their recipe has
25        been tested and documented by a commercial laboratory,
26        at the expense of the cottage food operation, as being



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1        not potentially hazardous, containing a pH equilibrium
2        of less than 4.6 or has been specified and adopted as
3        allowed in administrative rules by the Department
4        pursuant to subsection (e) of this Section. The
5        following are potentially hazardous and prohibited
6        from production and sale by a cottage food operation:
7        pumpkin pie, sweet potato pie, cheesecake, custard
8        pies, creme pies, and pastries with potentially
9        hazardous fillings or toppings.
10        (2) The food is to be sold at a farmers' market, with
11    the exception that cottage foods that have a locally grown
12    agricultural product as the main ingredient may be sold on
13    the farm where the agricultural product is grown or
14    delivered directly to the consumer.
15        (3) Gross receipts from the sale of food exempted under
16    this Section do not exceed $36,000 $25,000 in a calendar
17    year.
18        (4) The food packaging conforms to the labeling
19    requirements of the Illinois Food, Drug and Cosmetic Act
20    and includes the following information on the label of each
21    of its products:
22            (A) the name and address of the cottage food
23        operation;
24            (B) the common or usual name of the food product;
25            (C) all ingredients of the food product, including
26        any colors, artificial flavors, and preservatives,



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1        listed in descending order by predominance of weight
2        shown with common or usual names;
3            (D) the following phrase: "This product was
4        produced in a home kitchen not subject to public health
5        inspection that may also process common food
6        allergens.";
7            (E) the date the product was processed; and
8            (F) allergen labeling as specified in federal
9        labeling requirements.
10        (5) The name and residence of the person preparing and
11    selling products as a cottage food operation is registered
12    with the health department of a unit of local government
13    where the cottage food operation resides. No fees shall be
14    charged for registration. Registration shall be for a
15    minimum period of one year.
16        (6) The person preparing or packaging and selling
17    products as a cottage food operation has a Department
18    approved Food Service Sanitation Management Certificate.
19        (7) At the point of sale a placard is displayed in a
20    prominent location that states the following: "This
21    product was produced in a home kitchen not subject to
22    public health inspection that may also process common food
23    allergens.".
24    (c) Notwithstanding the provisions of subsection (b) of
25this Section, if the Department or the health department of a
26unit of local government has received a consumer complaint or



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1has reason to believe that an imminent health hazard exists or
2that a cottage food operation's product has been found to be
3misbranded, adulterated, or not in compliance with the
4exception for cottage food operations pursuant to this Section,
5then it may invoke cessation of sales until it deems that the
6situation has been addressed to the satisfaction of the
8    (d) Notwithstanding the provisions of subsection (b) of
9this Section, a State-certified local public health department
10may, upon providing a written statement to the Department,
11regulate the service of food by a cottage food operation. The
12regulation by a State-certified local public health department
13may include all of the following requirements:
14        (1) That the cottage food operation (A) register with
15    the State-certified local public health department, which
16    shall be for a minimum of one year and include a reasonable
17    fee set by the State-certified local public health
18    department that is no greater than $25 notwithstanding
19    paragraph (5) of subsection (b) of this Section and (B)
20    agree in writing at the time of registration to grant
21    access to the State-certified local public health
22    department to conduct an inspection of the cottage food
23    operation's primary domestic residence in the event of a
24    consumer complaint or foodborne illness outbreak.
25        (2) That in the event of a consumer complaint or
26    foodborne illness outbreak the State-certified local



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1    public health department is allowed to (A) inspect the
2    premises of the cottage food operation in question and (B)
3    set a reasonable fee for that inspection.
4    (e) The Department may adopt rules as may be necessary to
5implement the provisions of this Section.
6(Source: P.A. 97-393, eff. 1-1-12; 98-660, eff. 6-23-14.)