Illinois General Assembly - Full Text of SB3838
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Full Text of SB3838  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/21/2022, by Sen. David Koehler


410 ILCS 625/3.3

    Amends the Food Handling Regulation Enforcement Act. Provides that a farmer who sells meat, poultry, eggs, or dairy products from the premises of the farmer's farm is exempt from licensing by the farmer's local health department under specified conditions. Provides that local health departments may issue Farmers' Market Retail Permits for the sale of products at farmers' markets and at semi-permanent events not to exceed 100 days of operation in a calendar year. Provides that a Farmers' Market Retail Permit shall be valid for one year and that the fee for obtaining a Farmers' Market Retail Permit shall not exceed $150. Removes provisions regarding administrative rules, produce, and food products for farmers' markets. Contains other provisions. Effective January 1, 2023.

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SB3838LRB102 24488 CPF 33722 b

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. Farms and farmers' Farmers' markets; Farmers'
8Market Retail Permit.
9    (a) The General Assembly finds as follows:
10        (1) Farms and farmers' Farmers' markets, as that term
11    is defined in subsection (b) of this Section, provide not
12    only a valuable marketplace for farmers and food artisans
13    to sell their products directly to consumers, but also a
14    place for consumers to access fresh fruits, vegetables,
15    and other agricultural products.
16        (2) Farms and farmers' Farmers' markets serve as a
17    stimulator for local economies and for thousands of new
18    businesses every year, allowing farmers to sell directly
19    to consumers and capture the full retail value of their
20    products. They have become important community
21    institutions and have figured in the revitalization of
22    downtown districts and rural communities.
23        (3) Since 1999, the number of farmers' markets has



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1    tripled and new ones are being established every year.
2    There is a lack of consistent regulation from one county
3    to the next, resulting in confusion and discrepancies
4    between counties regarding how products may be sold. There
5    continue to be inconsistencies, confusion, and lack of
6    awareness by consumers, farmers, markets, and local health
7    authorities of required guidelines affecting on-farm sales
8    and farmers' markets from county to county.
9        (4) (Blank).
10        (5) (Blank).
11        (6) Recognizing that farms and farmers' markets serve
12    as small business incubators, that direct-to-consumer
13    sales on-farm or via delivery are an important part of
14    small farm livelihood, 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    "Farmer" means an individual who is a resident of Illinois
24and owns or leases land in Illinois that is used as a farm, as
25that term is defined in Section 1-60 of the Property Tax Code,
26or that individual's employee.



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1    "Farmers' market" means a common facility or area where
2the primary purpose is for farmers to gather to sell a variety
3of fresh fruits and vegetables and other locally produced farm
4and food products directly to consumers.
5    "Local health department" means a State-certified health
6department of a unit of local government.
7    (c) (Blank).
8    (d) This Section does not intend and shall not be
9construed to limit the power of counties, municipalities, and
10other local government units to regulate farmers' markets for
11the protection of the public health, safety, morals, and
12welfare, including, but not limited to, licensing requirements
13and time, place, and manner restrictions, except as specified
14in this Act. This Section provides for a statewide scheme for
15the orderly and consistent regulation interpretation of the
16Department's administrative rules pertaining to the safety of
17food and food products sold on farms and at farmers' markets.
18    (e) (Blank).
19    (f) (Blank).
20    (g) (Blank).
21    (h) (Blank).
22    (i) (Blank).
23    (j) (Blank).
24    (k) (Blank).
25    (l) (Blank).
26    (m) The following provisions shall apply concerning



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1statewide retail sale of farm products at farms, farm stands,
2farmers' markets, and other direct-to-consumer venues farmers'
3market food safety guidelines:
4        (1) (Blank). The Director, in accordance with this
5    Section, shall adopt administrative rules (as provided by
6    the Illinois Administrative Procedure Act) for foods found
7    at farmers' markets.
8        (2) The rules and regulations described in this
9    Section shall be consistently enforced by local health
10    authorities throughout the State.
11        (2.5) Notwithstanding any other provision of law
12    except as provided in this Section, local public health
13    departments and all other units of local government are
14    prohibited from creating sanitation guidelines, rules, or
15    regulations for farmers' markets that are more stringent
16    than those farmers' market sanitation regulations
17    contained in this Section the administrative rules adopted
18    by the Department for the purposes of implementing this
19    Section and Sections 3.4, 3.5, and 4 of this Act. Except as
20    provided for in Sections 3.4 and 4 of this Act, this
21    Section does not intend and shall not be construed to
22    limit the power of local health departments and other
23    government units from requiring licensing and permits for
24    the sale of commercial food products, processed food
25    products, prepared foods, and potentially hazardous foods
26    at farmers' markets or conducting related inspections and



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1    enforcement activities, so long as those permits and
2    licenses do not include unreasonable fees or sanitation
3    provisions and rules that are more stringent than those
4    laid out in the administrative rules adopted by the
5    Department for the purposes of implementing this Section
6    and Sections 3.4, 3.5, and 4 of this Act.
7        (2.10) A farmer who sells meat, poultry, eggs, or
8    dairy products produced on the premises of the farmer's
9    farm is exempt from licensing by the farmer's local health
10    department under the following conditions:
11            (A) The animal from which the product came was
12        raised for a minimum of 30 days on the premises of the
13        farmer's farm.
14            (B) The product is not processed, except by a
15        licensed facility.
16            (C) If selling meat, the farmer has a meat broker
17        or meat and poultry broker license issued by the
18        Department of Agriculture.
19            (D) If selling poultry processed at a licensed
20        facility, the farmer has a poultry broker or meat and
21        poultry broker license issued by the Department of
22        Agriculture, unless the farmer is exempt from
23        licensure under paragraph (B) of Section 5 of the Meat
24        and Poultry Inspection Act.
25            (E) If selling dairy, the farmer has dairy and
26        dairy processing permits issued by the Department.



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1            (F) If selling candled eggs, the farmer has an
2        Illinois Egg License issued by the Department of
3        Agriculture.
4        (2.15) A farmer who engages in the off-farm retail
5    sale of meat, poultry, eggs, or dairy products that come
6    from an animal raised for a minimum of 30 days on the
7    farmer's farm may be required to obtain a Farmers' Market
8    Retail Permit from each unit of local government in which
9    a sale of one of those products take place. As part of the
10    permitting process, a local health department may require
11    the farmer to perform the following:
12            (A) Provide a thermometer for each refrigeration
13        unit, including, but not limited to, a refrigerator,
14        fridge, freezer, or cooler, that is accurate to plus
15        or minus 3 degrees Fahrenheit.
16            (B) Maintain in good condition all equipment,
17        utensils, and the like, meaning that there are no
18        chips, pitting, or other similar wear.
19            (C) Provide effective means to maintain cold food
20        temperatures below 41 degrees Fahrenheit and frozen
21        foods below 32 degrees Fahrenheit at all times during
22        the storage and transport of food. A local health
23        department shall not limit a vendor's choice of
24        refrigeration or cooling equipment. As an alternative
25        to mechanical refrigeration, an effectively insulated,
26        hard-sided, and cleanable container with sufficient



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1        ice or other cooling means that is intended for the
2        storage of potentially hazardous food shall be used.
3            (D) For meat, dairy, or poultry products that do
4        not require refrigeration, provide a product hazard
5        analysis and critical control point (HACCP) or food
6        safety plan from a licensed facility as evidence of
7        product safety at specific temperatures for the
8        specified duration that they are not refrigerated.
9            (E) If selling meat, dairy, or poultry, provide
10        the name and contact information of the licensed
11        facility in which the product was processed.
12            (F) Meat, poultry, and dairy products may not be
13        further processed beyond the state received from the
14        licensed facility.
15            (G) If selling eggs, provide an Illinois Egg
16        License issued by the Department of Agriculture.
17            (H) If selling meat or poultry, provide a meat
18        broker, poultry broker, or meat and poultry broker
19        license issued by the Department of Agriculture.
20            (I) If selling dairy, provide a dairy license
21        issued by the Department of Public Health.
22        (2.20) Retail sales regulated under a Farmers' Market
23    Retail Permit issued under paragraph (2.15) include sales
24    at farmers' markets and sales at semi-permanent events not
25    to exceed 100 days of operation in a calendar year.
26        (2.25) A Farmers' Market Retail Permit shall be valid



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1    for one year. The fee for obtaining a Farmers' Market
2    Retail Permit shall not exceed $150. A local health
3    department may inspect the farmer while he or she is
4    vending at a farmers' market or semi-permanent event to
5    ensure compliance with this Section. A local health
6    department may elect not to require a Farmers' Market
7    Retail Permit.
8        (3) In the case of alleged noncompliance with the
9    provisions described in this Section, local health
10    departments shall issue written notices to vendors and
11    market managers of any noncompliance issues.
12        (4) (Blank). Produce and food products coming within
13    the scope of the provisions of this Section shall include,
14    but not be limited to, raw agricultural products,
15    including fresh fruits and vegetables; popcorn, grains,
16    seeds, beans, and nuts that are whole, unprocessed,
17    unpackaged, and unsprouted; fresh herb sprigs and dried
18    herbs in bunches; baked goods sold at farmers' markets;
19    cut fruits and vegetables; milk and cheese products; ice
20    cream; syrups; wild and cultivated mushrooms; apple cider
21    and other fruit and vegetable juices; herb vinegar;
22    garlic-in-oil; flavored oils; pickles, relishes, salsas,
23    and other canned or jarred items; shell eggs; meat and
24    poultry; fish; ready-to-eat foods; commercially produced
25    prepackaged food products; and any additional items
26    specified in the administrative rules adopted by the



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1    Department to implement Section 3.3 of this Act.
2    (n) Local health department regulatory guidelines may be
3applied to foods not often found at farmers' markets, all
4other food products not regulated by the Department of
5Agriculture and the Department of Public Health, as well as
6live animals to be sold at farmers' markets.
7    (o) (Blank).
8    (p) (Blank). The Department of Public Health and the
9Department of Agriculture shall adopt administrative rules
10necessary to implement, interpret, and make specific the
11provisions of this Section, including, but not limited to,
12rules concerning labels, sanitation, and food product safety
13according to the realms of their jurisdiction.
14    (q) The Department shall create a food sampling training
15and license program as specified in Section 3.4 of this Act.
16    (r) In addition to any rules adopted pursuant to
17subsection (p) of this Section, the following provisions shall
18be applied uniformly throughout the State, including to home
19rule units, except as otherwise provided in this Act:
20        (1) Farmers market vendors shall provide effective
21    means to maintain potentially hazardous food, as defined
22    in Section 4 of this Act, at 41 degrees Fahrenheit or
23    below. As an alternative to mechanical refrigeration, an
24    effectively insulated, hard-sided, cleanable container
25    with sufficient ice or other cooling means that is
26    intended for the storage of potentially hazardous food



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1    shall be used. Local health departments shall not limit
2    vendors' choice of refrigeration or cooling equipment and
3    shall not charge a fee for use of such equipment. Local
4    health departments shall not be precluded from requiring
5    an effective alternative form of cooling if a vendor is
6    unable to maintain food at the appropriate temperature.
7        (2) Handwashing stations may be shared by farmers'
8    market vendors if handwashing stations are accessible to
9    vendors.
10(Source: P.A. 100-488, eff. 6-1-18; 100-805, eff. 1-1-19;
11101-81, eff. 7-12-19.)
12    Section 99. Effective date. This Act takes effect January
131, 2023.