Illinois General Assembly - Full Text of SB0049
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Full Text of SB0049  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 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 to



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1    the next, resulting in confusion and discrepancies between
2    counties regarding how products may be sold.
3        (4) In 1999, the Department of Public Health published
4    Technical Information Bulletin/Food #30 in order to
5    outline the food handling and sanitation guidelines
6    required for farmers' markets, producer markets, and other
7    outdoor food sales events.
8        (5) While this bulletin was revised in 2010, there
9    continues to be inconsistencies, confusion, and lack of
10    awareness by consumers, farmers, markets, and local health
11    authorities of required guidelines affecting farmers'
12    markets from county to county.
13    (b) For the purposes of this Section:
14    "Department" means the Department of Public Health.
15    "Director" means the Director of Public Health.
16    "Farmers' market" means a common facility or area where the
17primary purpose is for farmers to gather to sell a variety of
18fresh fruits and vegetables and other locally produced farm and
19food products directly to consumers.
20    (c) In order to facilitate the orderly and uniform
21statewide implementation of the standards established in the
22Department of Public Health's administrative rules for this
23Section Act, the Farmers' Market Task Force shall be formed by
24the Director to assist the Department in implementing statewide
25administrative regulations for farmers' markets.
26    (d) This Section Act does not intend and shall not be



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1construed to limit the power of counties, municipalities, and
2other local government units to regulate farmers' markets for
3the protection of the public health, safety, morals, and
4welfare, including, but not limited to, licensing requirements
5and time, place, and manner restrictions. This Section Act
6provides for a statewide scheme for the orderly and consistent
7interpretation of the Department of Public Health
8administrative rules pertaining to the safety of food and food
9products sold at farmers' markets.
10    (e) The Farmers' Market Task Force shall consist of at
11least 24 members appointed within 60 days after the effective
12date of this Section. Task Force members shall consist of:
13        (1) one person appointed by the President of the
14    Senate;
15        (2) one person appointed by the Minority Leader of the
16    Senate;
17        (3) one person appointed by the Speaker of the House of
18    Representatives;
19        (4) one person appointed by the Minority Leader of the
20    House of Representatives;
21        (5) the Director of Public Health or his or her
22    designee;
23        (6) the Director of Agriculture or his or her designee;
24        (7) a representative of a general agricultural
25    production association appointed by the Department of
26    Agriculture;



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1        (8) three representatives of local county public
2    health departments appointed by the Director and selected
3    from 3 different counties representing each of the
4    northern, central, and southern portions of this State;
5        (9) four members of the general public who are engaged
6    in local farmers' markets appointed by the Director of
7    Agriculture;
8        (10) a representative of an association representing
9    public health administrators appointed by the Director;
10        (11) a representative of an organization of public
11    health departments that serve the City of Chicago and the
12    counties of Cook, DuPage, Kane, Kendall, Lake, McHenry,
13    Will, and Winnebago appointed by the Director;
14        (12) a representative of a general public health
15    association appointed by the Director;
16        (13) the Director of Commerce and Economic Opportunity
17    or his or her designee;
18        (14) the Lieutenant Governor or his or her designee;
19    and
20        (15) five farmers who sell their farm products at
21    farmers' markets appointed by the Lieutenant Governor or
22    his or her designee.
23    Task Force members' terms shall be for a period of 2 years,
24with ongoing appointments made according to the provisions of
25this Section.
26    (f) The Task Force shall be convened by the Director or his



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1or her designee. Members shall elect a Task Force Chair and
3    (g) Meetings may be held via conference call, in person, or
4both. Three members of the Task Force may call a meeting as
5long as a 5-working-day notification is sent via mail, e-mail,
6or telephone call to each member of the Task Force.
7    (h) Members of the Task Force shall serve without
9    (i) The Task Force shall undertake a comprehensive and
10thorough review of the current Statutes and administrative
11rules that define which products and practices are permitted
12and which products and practices are not permitted at farmers'
13markets and to assist the Department in developing statewide
14administrative regulations for farmers' markets.
15    (j) The Task Force shall advise the Department regarding
16the content of any administrative rules adopted under this
17Section Act prior to adoption of the rules. Any administrative
18rules, except emergency rules adopted pursuant to Section 5-45
19of the Illinois Administrative Procedure Act, adopted under
20this Section without obtaining the advice of the Task Force are
21null and void. If the Department fails to follow the advice of
22the Task Force, the Department shall, prior to adopting the
23rules, transmit a written explanation to the Task Force. If the
24Task Force, having been asked for its advice, fails to advise
25the Department within 90 days after receiving the rules for
26review, the rules shall be considered to have been approved by



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1the Task Force.
2    (k) The Department of Public Health shall provide staffing
3support to the Task Force and shall help to prepare, print, and
4distribute all reports deemed necessary by the Task Force.
5    (l) The Task Force may request assistance from any entity
6necessary or useful for the performance of its duties. The Task
7Force shall issue a report annually to the Secretary of the
8Senate and the Clerk of the House.
9    (m) The following provisions shall apply concerning
10statewide farmers' market food safety guidelines:
11        (1) The Director, in accordance with this Section,
12    shall adopt administrative rules (as provided by the
13    Illinois Administrative Procedure Act) for foods found at
14    farmers' markets.
15        (2) The rules and regulations described in this Section
16    Act shall be consistently enforced by local health
17    authorities throughout the State.
18        (2.5) Notwithstanding any other provision of law
19    except as provided in this Section Act, local public health
20    departments and all other units of local government are
21    prohibited from creating sanitation guidelines, rules, or
22    regulations for farmers' markets that are more stringent
23    than those farmers' market sanitation regulations
24    contained in the administrative rules adopted by the
25    Department for the purposes of implementing Section 3.3 of
26    this Act. Except as provided for in Section 3.4 of this



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



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1    garlic-in-oil; flavored oils; pickles, relishes, salsas,
2    and other canned or jarred items; shell eggs; meat and
3    poultry; fish; ready-to-eat foods; commercially produced
4    prepackaged food products; and any additional items
5    specified in the administrative rules adopted by the
6    Department to implement Section 3.3 of this Act.
7    (n) Local health department regulatory guidelines may be
8applied to foods not often found at farmers' markets, all other
9food products not regulated by the Department of Agriculture
10and the Department of Public Health, as well as live animals to
11be sold at farmers' markets.
12    (o) The Task Force shall issue annual reports to the
13Secretary of the Senate and the Clerk of the House with
14recommendations for the development of administrative rules as
15specified. The first report shall be issued no later than
16December 31, 2012.
17    (p) The Department of Public Health and the Department of
18Agriculture, in conjunction with the Task Force, shall adopt
19administrative rules necessary to implement, interpret, and
20make specific the provisions of this Section Act, including,
21but not limited to, rules concerning labels, sanitation, and
22food product safety according to the realms of their
23jurisdiction in accordance with subsection (j) of this Section.
24The Task Force shall submit recommendations for administrative
25rules to the Department no later than December 15, 2014.
26    (q) The Department and the Task Force shall work together



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1to create a food sampling training and license program as
2specified in Section 3.4 of this Act.
3(Source: P.A. 97-394, eff. 8-16-11; 98-660, eff. 6-23-14.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.