Public Act 097-0394
 
SB1852 EnrolledLRB097 09934 RPM 50098 b


  
    AN ACT concerning public health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Food Handling Regulation Enforcement Act is 
amended  by adding Section 3.3 as follows:
 
    (410 ILCS 625/3.3 new)
    Sec. 3.3. Farmers' markets. 
    (a) The General Assembly finds as follows:
        (1) Farmers' markets, as defined  in subsection (b) of 
    this Section,  provide not only a valuable marketplace for 
    farmers and food artisans to sell their products directly 
    to consumers, but also a place for consumers to access 
    fresh fruits, vegetables, and other agricultural products.
        (2) Farmers' markets serve as a stimulator for local 
    economies and for thousands of new businesses every year, 
    allowing farmers to sell directly to consumers and capture 
    the full retail value of their products. They have become 
    important community institutions and have figured in the 
    revitalization of downtown districts and rural 
    communities.
        (3) Since 1999, the number of farmers' markets has 
    tripled and new ones are being established every year.   
    There is a lack of consistent regulation from one county to 
    the next, resulting in confusion and discrepancies between 
    counties regarding how products may be sold.
        (4) In 1999, the Department of Public Health  published 
    Technical Information Bulletin/Food #30 in order to 
    outline the food handling and sanitation guidelines 
    required for farmers' markets, producer markets, and other 
    outdoor food sales events.
        (5) While this bulletin was revised in 2010,  there 
    continues to be inconsistencies, confusion, and lack of 
    awareness by consumers, farmers, markets, and local health 
    authorities of required guidelines affecting farmers' 
    markets from county to county.
    (b) For the purposes of this Section:
    "Department" means the Department of Public Health.
    "Director" means the Director of Public Health.
    "Farmers' market" means a common facility or area  where 
farmers gather to sell a variety of fresh  fruits and vegetables 
and other locally produced farm and food products  directly to 
consumers. Local food artisans may participate at farmers' 
markets.
    (c) In order to facilitate the orderly and uniform 
statewide interpretation of the Department of Public Health's 
Technical Information Bulletin/Food #30,  the Farmers' Market 
Task Force shall be formed by the Director to assist the 
Department in implementing statewide administrative 
regulations for farmers' markets.
    (d)

This Act does not intend and shall not be construed to 
limit the power of counties, municipalities, and other local 
government units to regulate farmers' markets for the 
protection of the public health, safety, morals, and welfare, 
including, but not limited to, licensing requirements and time, 
place, and manner restrictions.  This Act provides for a 
statewide scheme for the orderly and consistent interpretation 
of the Department of Public Health administrative rules 
pertaining to the safety of food and food products sold at 
farmers' markets.
    (e) The Farmers' Market Task Force shall consist of at 
least 24 members appointed within
60 days after the effective 
date of this Section.  Task Force members shall consist of:
        (1) one person appointed by the President of the 
    Senate;
        (2) one person appointed by the Minority Leader of the 
    Senate;
        (3) one person appointed by  the Speaker of the House of 
    Representatives;
        (4) one person appointed by the Minority Leader of the 
    House of Representatives;
        (5) the Director of Public Health or his or her 
    designee;
        (6) the Director of Agriculture or his or her designee;
        (7) a representative of a general agricultural 
    production association appointed by the Department of 
    Agriculture;
        (8) three representatives of local county public 
    health departments appointed by the Director and selected 
    from 3 different counties representing each of the 
    northern, central, and southern portions of this State;
        (9) four members of the general public who are engaged 
    in local farmers' markets appointed by the Director of 
    Agriculture;
        (10) a representative of an association representing 
    public health administrators appointed by the Director;
        (11) a representative of an organization of public 
    health departments that serve the City of Chicago and the 
    counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, 
    Will, and Winnebago appointed by the Director;
        (12) a representative of a general public health 
    association appointed by the Director;
        (13) the Director of Commerce and Economic Opportunity 
    or his or her designee;
        (14) the Lieutenant Governor or his or her designee; 
    and
        (15) five farmers who sell their farm products at 
    farmers' markets appointed by the Lieutenant Governor or 
    his or her designee. 
    Task Force members' terms shall be for a period of 2 years, 
with ongoing appointments made according to the provisions of 
this Section.
    (f) The Task Force shall be convened by the Director or his 
or her designee. Members shall elect a Task Force Chair and 
Co-Chair.
    (g) Meetings may be held via conference call, in person, or 
both. Three members of the Task Force may call a meeting as 
long as a 5-working-day notification is sent via mail, e-mail, 
or telephone call to each member  of the Task Force.
    (h) Members of the Task Force shall serve without 
compensation.
    (i) The Task Force shall undertake a comprehensive and 
thorough review of the current Statutes and administrative 
rules that define which products and practices are permitted 
and which products and practices are not permitted at farmers' 
markets and to assist the Department in developing statewide 
administrative regulations for farmers' markets.
    (j) The Task Force shall assist the Department of Public 
Health and the Department of Agriculture in developing 
administrative regulations and procedures regarding the 
implementation of the various Acts that define which products 
and practices are permitted and which products and practices 
are not permitted at farmers' markets.
    (k) The Department of Public Health shall provide staffing 
support to the Task Force and shall help to prepare, print, and 
distribute all reports deemed necessary by the Task Force.
    (l) The Task Force may request assistance from any entity 
necessary or useful for the performance of its duties. The Task 
Force shall issue a report annually to the Secretary of the 
Senate and the Clerk of the House.
    (m) The following provisions shall apply concerning 
statewide farmers' market food safety guidelines:
        (1) The Director, in accordance with this Section, 
    shall adopt administrative rules (as provided by the 
    Illinois Administrative Procedure Act) for foods found at 
    farmers' markets.
        (2) The rules and regulations described in this Act  
    shall be consistently enforced by local health authorities 
    throughout the State.
        (3) In the case of alleged non-compliance with the 
    provisions described in this Act, local health departments 
    shall issue written notices to vendors and market managers 
    of any noncompliance issues.
        (4) Produce and food products coming within the scope 
    of the provisions of this Act shall include, but not be 
    limited to, raw agricultural products, including fresh 
    fruits and vegetables; popcorn, grains, seeds, beans, and 
    nuts that are whole, unprocessed, unpackaged, and 
    unsprouted; fresh herb springs and dried herbs in bunches; 
    baked goods sold at farmers' markets; cut fruits and 
    vegetables; milk and cheese products; ice cream; syrups; 
    wild and cultivated mushrooms; apple cider and other fruit 
    and vegetable juices; herb vinegar; garlic-in-oil; 
    flavored oils; pickles, relishes, salsas, and other canned 
    or jarred items; shell eggs; meat and poultry; fish; and 
    commercially produced prepackaged food products.
    (n) Local health department regulatory guidelines may be 
applied to foods not often found at farmers' markets, all other 
food products not regulated by the Department of Agriculture 
and the Department of Public Health, as well as live animals to 
be sold at farmers' markets.
    (o) The Task Force shall issue annual reports to the 
Secretary of the Senate and the Clerk of the House with 
recommendations for the development of administrative rules as 
specified. The first report shall be issued no later than 
December 31, 2012.
    (p) The Department of Public Health and the Department of 
Agriculture, in conjunction with the Task Force, shall adopt 
administrative rules necessary to implement, interpret, and 
make specific the provisions of this Act, including, but not 
limited to, rules concerning labels, sanitation, and food 
product safety according to the realms of their jurisdiction. 
 
    Section 10. The Sanitary Food Preparation Act is amended  by 
changing Section 11 as follows:
 



    (410 ILCS 650/11)  (from Ch. 56 1/2, par. 77)



    Sec. 11. 
Except as hereinafter provided and as provided in 
Section 3.3 of the Food Handling Regulation Enforcement Act, 
the Department of Public
Health shall enforce this Act, and for 
that purpose it may at all times
enter every such building, 
room, basement, inclosure or premises
occupied or used or 
suspected of being occupied or used for the
production, 
preparation or manufacture for sale, or the storage, sale,

distribution or transportation of such food, to inspect the 
premises and
all utensils, fixtures, furniture and machinery 
used as aforesaid; and
if upon inspection any such food 
producing or distribution
establishment, conveyance, or 
employer, employee, clerk, driver or other
person is found to 
be violating any of the provisions of this Act, or if
the 
production, preparation, manufacture, packing, storage, sale,

distribution or transportation of such food is being conducted 
in a
manner detrimental to the health of the employees and 
operatives, or to
the character or quality of the food therein 
being produced,
manufactured, packed, stored, sold, 
distributed or conveyed, the officer
or inspector making the 
inspection or examination shall report such
conditions and 
violations to the Department. The Department of
Agriculture 
shall have exclusive jurisdiction for the enforcement of
this 
Act insofar as it relates to establishments defined by Section 
2.5
of "The Meat and Poultry Inspection Act", approved July
22, 
1959, as heretofore or hereafter amended. The Department of

Agriculture or Department of Public Health, as the case may be, 
shall
thereupon issue a written order to the person, firm or 
corporation
responsible for the violation or condition 
aforesaid to abate such
condition or violation or to make such 
changes or improvements as may be
necessary to abate them, 
within such reasonable time as may be required.
Notice of the 
order may be served by delivering a copy thereof to the
person, 
firm or corporation, or by sending a copy thereof by registered

mail, and the receipt thereof through the post office shall be 
prima
facie evidence that notice of the order has been 
received. Such person,
firm or corporation may appear in person 
or by attorney before the
Department of Agriculture or the 
Department of Public Health, as the
case may be, within the 
time limited in the order, and shall be given an
opportunity to 
be heard and to show why such order or instructions
should not 
be obeyed. The hearing shall be under such rules and

regulations as may be prescribed by the Department of 
Agriculture or the
Department of Public Health, as the case may 
be. If after such hearing
it appears that this Act has not been 
violated, the order shall be
rescinded. If it appears that this 
Act is being violated, and that the
person, firm or corporation 
notified is responsible therefor, the
previous order shall be 
confirmed or amended, as the facts shall
warrant, and shall 
thereupon be final, but such additional time as is
necessary 
may be granted within which to comply with the final order. If

such person, firm or corporation is not present or represented 
when such
final order is made, notice thereof shall be given as 
above provided. On
failure of the party or parties to comply 
with the first order of the
Department of Agriculture or the 
Department of Public Health, as the
case may be, within the 
time prescribed, when no hearing is demanded, or
upon failure 
to comply with the final order within the time specified,
the 
Department shall certify the facts to the State's Attorney of 
the
county in which such violation occurred, and such State's 
Attorney shall
proceed against the party or parties for the 
fines and penalties
provided by this Act, and also for the 
abatement of the nuisance:
Provided, that the proceedings 
herein prescribed for the abatement of
nuisances as defined in 
this Act shall not in any manner relieve the
violator from 
prosecution in the first instance for every such
violation, nor 
from the penalties for such violation prescribed by
Section 13.

(Source: P.A. 81-1509.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.