Full Text of SB3977 96th General Assembly
SB3977 96TH GENERAL ASSEMBLY |
| | 96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3977 Introduced 1/6/2011, by Sen. David Luechtefeld SYNOPSIS AS INTRODUCED: |
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Amends the Food Handling Regulation Enforcement Act. Provides that a city, county, or other local unit of government shall not adopt or enforce licensing ordinances or regulations for persons regulated under the provisions concerning farmers' markets. Provides that by July 1, 2011, the Director of Public Health in accordance
with the provisions concerning farmers' markets shall adopt rules and regulatory guidelines for foods often
found at farmers' markets and other food events. Provides that operators of stands and concessions who wish to sell products other than fresh,
uncut, and unprocessed produce must contact each local health department in the region in which
they will be operating to obtain specific requirements. Sets forth provisions concerning the transportation and delivery of food and
food equipment. Sets forth provisions concerning specific food items. Effective immediately.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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) For the purposes of this Section, "farmers' markets" | 9 | | means publicly held markets in
which locally produced | 10 | | agricultural products are to be bought and sold. | 11 | | (b) A city, county, or other unit of
local government shall | 12 | | not adopt or enforce licensing ordinances or regulations for
| 13 | | persons regulated under this Section. | 14 | | (c) By July 1, 2011, the Director of Public Health, in | 15 | | accordance
with this Section, shall adopt rules and regulatory | 16 | | guidelines for foods often
found at farmers' markets and other | 17 | | food events. These foods shall include, but not be
limited to, | 18 | | raw agricultural products, including fresh fruits and | 19 | | vegetables;
popcorn, grains, seeds, beans, and nuts that are | 20 | | whole, unprocessed, unpackaged,
and unsprouted; fresh herb | 21 | | springs and dried herbs in bunches; baked goods sold
at | 22 | | farmers' markets; cut fruits and vegetables; milk and cheese | 23 | | products; ice
cream; syrups; wild and cultivated mushrooms; |
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| 1 | | apple cider and other fruit and
vegetable juices; herb vinegar; | 2 | | garlic-in-oil; flavored oils; pickles, relishes, salsas,
and | 3 | | other canned items; shell eggs; meat and poultry; fish; and | 4 | | commercially
produced prepackaged food products. | 5 | | (d) Local regulations may be applied to foods not often
| 6 | | found at farmers' markets and any other food products not | 7 | | regulated by the Director pursuant to
subsection (c) of this | 8 | | Section as well as live animals to be sold at farmers' markets. | 9 | | (e) Operators of stands and concessions who wish to sell | 10 | | products other than fresh,
uncut, and unprocessed produce must | 11 | | contact each local health department in the region in which
| 12 | | they will be operating to obtain specific requirements, | 13 | | including necessary
inspection, food permits, and licenses. | 14 | | Fresh, whole, uncut, and unprocessed produce, such as produce | 15 | | described in the Farm Products Marketing Act, is exempt from | 16 | | inspections and
licensing fees. | 17 | | (f) The following foods are prohibited from sale or | 18 | | distribution at farmers' markets:
raw milk or any dairy | 19 | | products made with raw milk; home-butchered meat,
poultry, or | 20 | | wild game animals; home-canned foods; home vacuum-packaged
| 21 | | products; sandwiches prepared at home; and ice cream made in an | 22 | | uninspected
facility. | 23 | | (g) During transportation and delivery, food and
food | 24 | | equipment must be protected from insects, flies, animals, dust | 25 | | and dirt,
unnecessary handling, chemicals, and other | 26 | | contamination. Delivery vehicles or
other equipment used for |
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| 1 | | such transportation must be constructed so as to be
easily | 2 | | cleanable. | 3 | | (h) The operator of each stand or sales area is
responsible | 4 | | for maintaining the stand or sales area in a neat, clean, and | 5 | | sanitary condition. An adequate
number of tightly covered waste | 6 | | containers must be provided for disposal of
garbage and refuse. | 7 | | These containers must be stored to eliminate the potential for
| 8 | | contamination of any food products. At the close of each | 9 | | business day, each vendor shall
clean their stand and | 10 | | surrounding area. | 11 | | (i) Any prepared, processed, baked,
or cut food must be | 12 | | packaged or wrapped for protection and have the required
| 13 | | labeling. Food on display in open air markets must be | 14 | | adequately protected from
incidental public handling, dirt, | 15 | | and other contamination. Food must be stored off
the ground and | 16 | | off the floor. Any wrapping or container for prepared, | 17 | | processed,
baked, or cut food must be constructed of safe, | 18 | | non-toxic, and food-grade
materials. Food products must be | 19 | | enclosed and protected from pests overnight. | 20 | | (j) Non-potentially hazardous foods may be prepared in
| 21 | | non-inspected kitchens, provided the products are sold or | 22 | | distributed on an
occasional basis and not as routine business.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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