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Public Act 099-0009
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| HB0132 Enrolled | LRB099 03921 JLK 23937 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Food Handling Regulation Enforcement Act is |
amended by changing Section 3.3 as follows:
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(410 ILCS 625/3.3) |
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 |
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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 the |
primary purpose is for farmers to gather to sell a variety of |
fresh fruits and vegetables and other locally produced farm and |
food products directly to consumers. |
(c) In order to facilitate the orderly and uniform |
statewide implementation of the standards established in the |
Department of Public Health's administrative rules for this |
Section Act, 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 Section Act does not intend and shall not be |
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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 Section 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; |
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(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 |
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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 advise the Department regarding |
the content of any administrative rules adopted under this |
Section Act prior to adoption of the rules. Any administrative |
rules, except emergency rules adopted pursuant to Section 5-45 |
of the Illinois Administrative Procedure Act, adopted under |
this Section without obtaining the advice of the Task Force are |
null and void. If the Department fails to follow the advice of |
the Task Force, the Department shall, prior to adopting the |
rules, transmit a written explanation to the Task Force. If the |
Task Force, having been asked for its advice, fails to advise |
the Department within 90 days after receiving the rules for |
review, the rules shall be considered to have been approved by |
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the Task Force. |
(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 Section |
Act shall be consistently enforced by local health |
authorities throughout the State. |
(2.5) Notwithstanding any other provision of law |
except as provided in this Section Act, local public health |
departments and all other units of local government are |
prohibited from creating sanitation guidelines, rules, or |
regulations for farmers' markets that are more stringent |
than those farmers' market sanitation regulations |
contained in the administrative rules adopted by the |
Department for the purposes of implementing Section 3.3 of |
this Act. Except as provided for in Section 3.4 of this |
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Act, this Section Act does not intend and shall not be |
construed to limit the power of local health departments |
and other government units from requiring licensing and |
permits for the sale of commercial food products, processed |
food products, prepared foods, and potentially hazardous |
foods at farmers' markets or conducting related |
inspections and enforcement activities, so long as those |
permits and licenses do not include unreasonable fees or |
sanitation provisions and rules that are more stringent |
than those laid out in the administrative rules adopted by |
the Department for the purposes of implementing Section 3.3 |
of this Act. |
(3) In the case of alleged non-compliance with the |
provisions described in this Section 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 Section 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; |
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garlic-in-oil; flavored oils; pickles, relishes, salsas, |
and other canned or jarred items; shell eggs; meat and |
poultry; fish; ready-to-eat foods; commercially produced |
prepackaged food products; and any additional items |
specified in the administrative rules adopted by the |
Department to implement Section 3.3 of this Act. |
(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 Section Act, including, |
but not limited to, rules concerning labels, sanitation, and |
food product safety according to the realms of their |
jurisdiction in accordance with subsection (j) of this Section. |
The Task Force shall submit recommendations for administrative |
rules to the Department no later than December 15, 2014.
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(q) The Department and the Task Force shall work together |