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



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1    to the next, resulting in confusion and discrepancies
2    between counties regarding how products may be sold. There
3    continue to be inconsistencies, confusion, and lack of
4    awareness by consumers, farmers, markets, and local health
5    authorities of required guidelines affecting farmers'
6    markets from county to county.
7        (4) (Blank).
8        (5) (Blank).
9        (6) Recognizing that farmers' markets serve as small
10    business incubators and that farmers' profit margins
11    frequently are narrow, even in direct-to-consumer retail,
12    protecting farmers from costs of regulation that are
13    disproportionate to their profits will help ensure the
14    continued viability of these local farms and small
15    businesses.
16    (b) For the purposes of this Section:
17    "Department" means the Department of Public Health.
18    "Director" means the Director of Public Health.
19    "Farmer" means an individual who is a resident of Illinois
20and owns or leases land in Illinois that is used as a farm, as
21that term is defined in Section 1-60 of the Property Tax Code,
22or that individual's employee.
23    "Farmers' market" means a common facility or area where
24the primary purpose is for farmers to gather to sell a variety
25of fresh fruits and vegetables and other locally produced farm
26and food products directly to consumers.



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1    "Licensed or permitted processing facility" means a
2facility that has been inspected, approved, and permitted or
3licensed by the Department of Agriculture, the Department of
4Public Health, or a local health department.
5    "Local health department" means a State-certified health
6department of a unit of local government.
7    "Main ingredient" means an agricultural product that is
8the defining or distinctive ingredient in a product, though
9not necessarily by predominance of weight.
10    (c) (Blank).
11    (d) This Section does not intend and shall not be
12construed to limit the power of counties, municipalities, and
13other local government units to regulate farmers' markets for
14the protection of the public health, safety, morals, and
15welfare, including, but not limited to, licensing requirements
16and time, place, and manner restrictions, except as specified
17in this Act. This Section provides for a statewide scheme for
18the orderly and consistent regulation interpretation of the
19Department's administrative rules pertaining to the safety of
20food and food products sold at farmers' markets.
21    (e) (Blank).
22    (f) (Blank).
23    (g) (Blank).
24    (h) (Blank).
25    (i) (Blank).
26    (j) (Blank).



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1    (k) (Blank).
2    (l) (Blank).
3    (m) The following provisions shall apply concerning
4statewide retail sale of farm products at farmers' markets
5farmers' market food safety guidelines:
6        (1) (Blank). The Director, in accordance with this
7    Section, shall adopt administrative rules (as provided by
8    the Illinois Administrative Procedure Act) for foods found
9    at farmers' markets.
10        (2) Local health departments may conduct enforcement
11    actions under and pursuant to this Section. The rules and
12    regulations described in this Section shall be
13    consistently enforced by local health authorities
14    throughout the State.
15        (2.5) Notwithstanding any other provision of law
16    except as provided in this Section, local public health
17    departments and all other units of local government are
18    prohibited from creating sanitation guidelines, rules, or
19    regulations for farmers' markets that are more stringent
20    than those farmers' market sanitation regulations
21    contained in this Section. the administrative rules
22    adopted by the Department for the purposes of implementing
23    this Section and Sections 3.4, 3.5, and 4 of this Act.
24    Except as provided for in Sections 3.4 and 4 of this Act,
25    this Section does not intend and shall not be construed to
26    limit the power of local health departments and other



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1    government units from requiring licensing and permits for
2    the sale of commercial food products, processed food
3    products, prepared foods, and potentially hazardous foods
4    at farmers' markets or conducting related inspections and
5    enforcement activities, so long as those permits and
6    licenses do not include unreasonable fees or sanitation
7    provisions and rules that are more stringent than those
8    laid out in the administrative rules adopted by the
9    Department for the purposes of implementing this Section
10    and Sections 3.4, 3.5, and 4 of this Act.
11        (2.10) A farmer who engages in the sale of any of the
12    following products shall obtain a Farmers' Market Permit
13    from each local health department that chooses to require
14    a Farmers' Market Permit for each unit of local government
15    in which a sales takes place:
16            (A) Frozen, potentially hazardous foods that are
17        prepackaged at a licensed or permitted processing
18        facility but have the main ingredient grown or raised
19        on the farmer's farm.
20            (B) Meat, poultry, dairy, and eggs raised or grown
21        on the farm of the farmer selling the food product.
22        Nothing in this paragraph shall alter any obligation
23    under the Grade A Pasteurized Milk and Milk Products Act.
24        (2.15) As part of the permitting process for a
25    Farmers' Market Permit, a local health department may
26    require the applicant to perform the following:



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1            (A) Provide the address of the applicant's farm
2        and his or her contact information.
3            (B) Provide a list of products intended for sale.
4            (C) Provide a thermometer for each refrigeration
5        unit, including, but not limited to, a refrigerator,
6        fridge, freezer, or cooler, that is accurate to plus
7        or minus 3 degrees Fahrenheit.
8            (D) Maintain in good condition all equipment,
9        utensils, and the like, meaning that there are no
10        chips, pitting, or other similar wear.
11            (E) Provide effective means to maintain cold food
12        temperatures below 41 degrees Fahrenheit and frozen
13        foods below 32 degrees Fahrenheit.
14            (F) For meat, dairy, or poultry products that do
15        not require refrigeration, provide a product hazard
16        analysis and critical control point (HACCP) or food
17        safety plan from a licensed facility as evidence of
18        product safety at specific temperatures for the
19        specified duration that they are not refrigerated.
20            (G) The name, address, and contact information of
21        the licensed or permitted processing facility at which
22        products were processed.
23            (H) If selling eggs, provide an Illinois Egg
24        License issued by the Department of Agriculture.
25            (I) At least one annual inspection. Inspections
26        may occur on site at the farmers market, or a local



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1        health department may require once annually that the
2        farmer applicant go to an alternate location to
3        conduct the inspection.
4        (2.20) A Farmers' Market Permit shall be valid for one
5    year. The fee for obtaining a Farmers' Market Permit shall
6    not exceed the following:
7            (A) $75 for a limited egg Farmers' Market Permit
8        covering only the sale of eggs.
9            (B) $175 for a full Farmers' Market Permit
10        covering any combination of meat, poultry, dairy,
11        eggs, and frozen foods grown, raised, or produced on
12        or in a licensed or permitted processing facility.
13        The fee limits imposed under this paragraph shall be
14    increased by 10% on January 1, 2026 and on January 1 of
15    every third year thereafter.
16        (2.25) A local health department shall meet the
17    following requirements in creating, setting, or amending
18    the fee required for a Farmers' Market Permit under this
19    subsection:
20            (A) A local health department shall solicit public
21        input in determining the initial fee or fees for a
22        Farmers' Market Permit, and also at any time a fee
23        increase is proposed by the local health department,
24        by one or all of the following means:
25                (i) Convene at least one public meeting to
26            allow verbal and written public input regarding



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1            the intent to create, set, or amend a fee. Before
2            the public meeting, all farmers' market operators
3            in the local health department's jurisdiction and
4            all existing Farmers' Market Permit holders that
5            are permitted in the local health department's
6            jurisdiction shall be notified using the best
7            efforts of the local health department.
8                (ii) Provide public notice and solicit written
9            comments from the public regarding the intent to
10            create, set, or amend a fee. Before the comment
11            period, all farmers' market operators in the
12            jurisdiction and all existing Farmers' Market
13            Permit holders that are permitted in the local
14            health department's jurisdiction shall be notified
15            using the best efforts of the local health
16            department.
17            (B) A local health department shall consider all
18        public comments received in creating, setting, or
19        amending a fee.
20            (C) A local health department has final discretion
21        to create, set, or amend a fee, subject to the fee
22        limits under subparagraph (A) of paragraph (2.20).
23            (D) A local health department shall amend a fee no
24        more than once per year.
25            (E) All comments received under this paragraph
26        shall be provided to the locally elected or appointed



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1        governing body of the location that the local health
2        department is located at.
3            (F) A local health department is not required to
4        create a new process to solicit public input regarding
5        the creation, setting, or amending of fees if it
6        already has a process in place that meets the minimum
7        requirements set forth in this paragraph.
8        (2.30) A home rule unit may not regulate Farmers'
9    Market Permits in a manner inconsistent with the
10    regulation by the State of Farmers' Market Permits under
11    this subsection. This paragraph is a limitation under
12    subsection (i) of Section 6 of Article VII of the Illinois
13    Constitution on the concurrent exercise by home rule units
14    of powers and functions exercised by the State.
15        (3) In the case of alleged noncompliance with the
16    provisions described in this Section, local health
17    departments shall issue written notices to vendors and
18    market managers of any noncompliance issues. Citations may
19    be issued to farmers who do not have or display their
20    Farmers' Market Permits. Repeat violations may result in
21    fines or Farmers' Market Permit suspension by a local
22    health department.
23        (4) (Blank). Produce and food products coming within
24    the scope of the provisions of this Section shall include,
25    but not be limited to, raw agricultural products,
26    including fresh fruits and vegetables; popcorn, grains,



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1    seeds, beans, and nuts that are whole, unprocessed,
2    unpackaged, and unsprouted; fresh herb sprigs and dried
3    herbs in bunches; baked goods sold at farmers' markets;
4    cut fruits and vegetables; milk and cheese products; ice
5    cream; syrups; wild and cultivated mushrooms; apple cider
6    and other fruit and vegetable juices; herb vinegar;
7    garlic-in-oil; flavored oils; pickles, relishes, salsas,
8    and other canned or jarred items; shell eggs; meat and
9    poultry; fish; ready-to-eat foods; commercially produced
10    prepackaged food products; and any additional items
11    specified in the administrative rules adopted by the
12    Department to implement Section 3.3 of this Act.
13    (n) Local health department regulatory guidelines may be
14applied to foods not often found at farmers' markets, all
15other food products not regulated by the Department of
16Agriculture and the Department of Public Health, as well as
17live animals to be sold at farmers' markets.
18    (o) (Blank).
19    (p) The Department of Public Health and the Department of
20Agriculture shall adopt administrative rules necessary to
21implement, interpret, and make specific the provisions of this
22Section, including, but not limited to, rules concerning
23labels, sanitation, and food product safety according to the
24realms of their jurisdiction.
25    (q) The Department shall create a food sampling training
26and license program as specified in Section 3.4 of this Act.



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1    (r) In addition to any rules adopted pursuant to
2subsection (p) of this Section, the following provisions shall
3be applied uniformly throughout the State, including to home
4rule units, except as otherwise provided in this Act:
5        (1) Farmers market vendors shall provide effective
6    means to maintain potentially hazardous food, as defined
7    in Section 4 of this Act, at 41 degrees Fahrenheit or
8    below. As an alternative to mechanical refrigeration, an
9    effectively insulated, hard-sided, cleanable container
10    with sufficient ice or other cooling means that is
11    intended for the storage of potentially hazardous food
12    shall be used. Local health departments shall not limit
13    vendors' choice of refrigeration or cooling equipment and
14    shall not charge a fee for use of such equipment. Local
15    health departments shall not be precluded from requiring
16    an effective alternative form of cooling if a vendor is
17    unable to maintain food at the appropriate temperature.
18        (2) Handwashing stations may be shared by farmers'
19    market vendors if handwashing stations are accessible to
20    vendors.
21(Source: P.A. 100-488, eff. 6-1-18; 100-805, eff. 1-1-19;
22101-81, eff. 7-12-19.)