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1 | | AN ACT concerning health.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Food Handling Regulation Enforcement Act is |
5 | | amended by changing Sections 3.3 and 3.4 as follows: |
6 | | (410 ILCS 625/3.3) |
7 | | (Text of Section before amendment by P.A. 100-488 ) |
8 | | Sec. 3.3. Farmers' markets. |
9 | | (a) The General Assembly finds as follows: |
10 | | (1) Farmers' markets, as defined in subsection (b) of |
11 | | this Section, provide not only a valuable marketplace for |
12 | | farmers and food artisans to sell their products directly |
13 | | to consumers, but also a place for consumers to access |
14 | | fresh fruits, vegetables, and other agricultural products. |
15 | | (2) Farmers' markets serve as a stimulator for local |
16 | | economies and for thousands of new businesses every year, |
17 | | allowing farmers to sell directly to consumers and capture |
18 | | the full retail value of their products. They have become |
19 | | important community institutions and have figured in the |
20 | | revitalization of downtown districts and rural |
21 | | communities. |
22 | | (3) Since 1999, the number of farmers' markets has |
23 | | tripled and new ones are being established every year. |
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1 | | There is a lack of consistent regulation from one county to |
2 | | the next, resulting in confusion and discrepancies between |
3 | | counties regarding how products may be sold. There |
4 | | continues to be inconsistencies, confusion, and lack of |
5 | | awareness by consumers, farmers, markets, and local health |
6 | | authorities of required guidelines affecting farmers' |
7 | | markets from county to county. |
8 | | (4) (Blank). In 1999, the Department of Public Health |
9 | | published Technical Information Bulletin/Food #30 in order |
10 | | to outline the food handling and sanitation guidelines |
11 | | required for farmers' markets, producer markets, and other |
12 | | outdoor food sales events. |
13 | | (5) (Blank). While this bulletin was revised in 2010, |
14 | | there continues to be inconsistencies, confusion, and lack |
15 | | of awareness by consumers, farmers, markets, and local |
16 | | health authorities of required guidelines affecting |
17 | | farmers' markets from county to county. |
18 | | (b) For the purposes of this Section: |
19 | | "Department" means the Department of Public Health. |
20 | | "Director" means the Director of Public Health. |
21 | | "Farmers' market" means a common facility or area where the |
22 | | primary purpose is for farmers to gather to sell a variety of |
23 | | fresh fruits and vegetables and other locally produced farm and |
24 | | food products directly to consumers. |
25 | | (c) (Blank). In order to facilitate the orderly and uniform |
26 | | statewide implementation of the standards established in the |
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1 | | Department of Public Health's administrative rules for this |
2 | | Section, the Farmers' Market Task Force shall be formed by the |
3 | | Director to assist the Department in implementing statewide |
4 | | administrative regulations for farmers' markets. |
5 | | (d)
This Section does not intend and shall not be construed |
6 | | to limit the power of counties, municipalities, and other local |
7 | | government units to regulate farmers' markets for the |
8 | | protection of the public health, safety, morals, and welfare, |
9 | | including, but not limited to, licensing requirements and time, |
10 | | place, and manner restrictions. This Section provides for a |
11 | | statewide scheme for the orderly and consistent interpretation |
12 | | of the Department of Public Health administrative rules |
13 | | pertaining to the safety of food and food products sold at |
14 | | farmers' markets. |
15 | | (e) (Blank). The Farmers' Market Task Force shall consist |
16 | | of at least 24 members appointed within
60 days after August |
17 | | 16, 2011 (the effective date of this Section). Task Force |
18 | | members shall consist of: |
19 | | (1) one person appointed by the President of the |
20 | | Senate; |
21 | | (2) one person appointed by the Minority Leader of the |
22 | | Senate; |
23 | | (3) one person appointed by the Speaker of the House of |
24 | | Representatives; |
25 | | (4) one person appointed by the Minority Leader of the |
26 | | House of Representatives; |
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1 | | (5) the Director of Public Health or his or her |
2 | | designee; |
3 | | (6) the Director of Agriculture or his or her designee; |
4 | | (7) a representative of a general agricultural |
5 | | production association appointed by the Department of |
6 | | Agriculture; |
7 | | (8) three representatives of local county public |
8 | | health departments appointed by the Director and selected |
9 | | from 3 different counties representing each of the |
10 | | northern, central, and southern portions of this State; |
11 | | (9) four members of the general public who are engaged |
12 | | in local farmers' markets appointed by the Director of |
13 | | Agriculture; |
14 | | (10) a representative of an association representing |
15 | | public health administrators appointed by the Director; |
16 | | (11) a representative of an organization of public |
17 | | health departments that serve the City of Chicago and the |
18 | | counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, |
19 | | Will, and Winnebago appointed by the Director; |
20 | | (12) a representative of a general public health |
21 | | association appointed by the Director; |
22 | | (13) the Director of Commerce and Economic Opportunity |
23 | | or his or her designee; |
24 | | (14) the Lieutenant Governor or his or her designee; |
25 | | and |
26 | | (15) five farmers who sell their farm products at |
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1 | | farmers' markets appointed by the Lieutenant Governor or |
2 | | his or her designee. |
3 | | Task Force members' terms shall be for a period of 2 years, |
4 | | with ongoing appointments made according to the provisions of |
5 | | this Section. |
6 | | (f) (Blank). The Task Force shall be convened by the |
7 | | Director or his or her designee. Members shall elect a Task |
8 | | Force Chair and Co-Chair. |
9 | | (g) (Blank). Meetings may be held via conference call, in |
10 | | person, or both. Three members of the Task Force may call a |
11 | | meeting as long as a 5-working-day notification is sent via |
12 | | mail, e-mail, or telephone call to each member of the Task |
13 | | Force. |
14 | | (h) (Blank). Members of the Task Force shall serve without |
15 | | compensation. |
16 | | (i) (Blank). The Task Force shall undertake a comprehensive |
17 | | and thorough review of the current Statutes and administrative |
18 | | rules that define which products and practices are permitted |
19 | | and which products and practices are not permitted at farmers' |
20 | | markets and to assist the Department in developing statewide |
21 | | administrative regulations for farmers' markets. |
22 | | (j) (Blank). The Task Force shall advise the Department |
23 | | regarding the content of any administrative rules adopted under |
24 | | this Section and Sections 3.4, 3.5, and 4 of this Act prior to |
25 | | adoption of the rules. Any administrative rules, except |
26 | | emergency rules adopted pursuant to Section 5-45 of the |
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1 | | Illinois Administrative Procedure Act, adopted under this |
2 | | Section without obtaining the advice of the Task Force are null |
3 | | and void. If the Department fails to follow the advice of the |
4 | | Task Force, the Department shall, prior to adopting the rules, |
5 | | transmit a written explanation to the Task Force. If the Task |
6 | | Force, having been asked for its advice, fails to advise the |
7 | | Department within 90 days after receiving the rules for review, |
8 | | the rules shall be considered to have been approved by the Task |
9 | | Force. |
10 | | (k) (Blank). The Department of Public Health shall provide |
11 | | staffing support to the Task Force and shall help to prepare, |
12 | | print, and distribute all reports deemed necessary by the Task |
13 | | Force. |
14 | | (l) (Blank). The Task Force may request assistance from any |
15 | | entity necessary or useful for the performance of its duties. |
16 | | The Task Force shall issue a report annually to the Secretary |
17 | | of the Senate and the Clerk of the House. |
18 | | (m) The following provisions shall apply concerning |
19 | | statewide farmers' market food safety guidelines: |
20 | | (1) The Director, in accordance with this Section, |
21 | | shall adopt administrative rules (as provided by the |
22 | | Illinois Administrative Procedure Act) for foods found at |
23 | | farmers' markets. |
24 | | (2) The rules and regulations described in this Section |
25 | | shall be consistently enforced by local health authorities |
26 | | throughout the State. |
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1 | | (2.5) Notwithstanding any other provision of law |
2 | | except as provided in this Section, local public health |
3 | | departments and all other units of local government are |
4 | | prohibited from creating sanitation guidelines, rules, or |
5 | | regulations for farmers' markets that are more stringent |
6 | | than those farmers' market sanitation regulations |
7 | | contained in the administrative rules adopted by the |
8 | | Department for the purposes of implementing this Section |
9 | | and Sections 3.4, 3.5, and 4 of this Act. Except as |
10 | | provided for in Sections 3.4 and 4 of this Act, this |
11 | | Section does not intend and shall not be construed to limit |
12 | | the power of local health departments and other government |
13 | | units from requiring licensing and permits for the sale of |
14 | | commercial food products, processed food products, |
15 | | prepared foods, and potentially hazardous foods at |
16 | | farmers' markets or conducting related inspections and |
17 | | enforcement activities, so long as those permits and |
18 | | licenses do not include unreasonable fees or sanitation |
19 | | provisions and rules that are more stringent than those |
20 | | laid out in the administrative rules adopted by the |
21 | | Department for the purposes of implementing this Section |
22 | | and Sections 3.4, 3.5, and 4 of this Act. |
23 | | (3) In the case of alleged non-compliance with the |
24 | | provisions described in this Section, local health |
25 | | departments shall issue written notices to vendors and |
26 | | market managers of any noncompliance issues. |
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1 | | (4) Produce and food products coming within the scope |
2 | | of the provisions of this Section shall include, but not be |
3 | | limited to, raw agricultural products, including fresh |
4 | | fruits and vegetables; popcorn, grains, seeds, beans, and |
5 | | nuts that are whole, unprocessed, unpackaged, and |
6 | | unsprouted; fresh herb springs and dried herbs in bunches; |
7 | | baked goods sold at farmers' markets; cut fruits and |
8 | | vegetables; milk and cheese products; ice cream; syrups; |
9 | | wild and cultivated mushrooms; apple cider and other fruit |
10 | | and vegetable juices; herb vinegar; garlic-in-oil; |
11 | | flavored oils; pickles, relishes, salsas, and other canned |
12 | | or jarred items; shell eggs; meat and poultry; fish; |
13 | | ready-to-eat foods; commercially produced prepackaged food |
14 | | products; and any additional items specified in the |
15 | | administrative rules adopted by the Department to |
16 | | implement Section 3.3 of this Act. |
17 | | (n) Local health department regulatory guidelines may be |
18 | | applied to foods not often found at farmers' markets, all other |
19 | | food products not regulated by the Department of Agriculture |
20 | | and the Department of Public Health, as well as live animals to |
21 | | be sold at farmers' markets. |
22 | | (o) (Blank). The Task Force shall issue annual reports to |
23 | | the Secretary of the Senate and the Clerk of the House with |
24 | | recommendations for the development of administrative rules as |
25 | | specified. The first report shall be issued no later than |
26 | | December 31, 2012. |
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1 | | (p) The Department of Public Health and the Department of |
2 | | Agriculture , in conjunction with the Task Force, shall adopt |
3 | | administrative rules necessary to implement, interpret, and |
4 | | make specific the provisions of this Section, including, but |
5 | | not limited to, rules concerning labels, sanitation, and food |
6 | | product safety according to the realms of their jurisdiction in |
7 | | accordance with subsection (j) of this Section .
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8 | | (q) The Department and the Task Force shall work together |
9 | | to create a food sampling training and license program as |
10 | | specified in Section 3.4 of this Act. |
11 | | (Source: P.A. 98-660, eff. 6-23-14; 99-9, eff. 7-10-15; 99-191, |
12 | | eff. 1-1-16; 99-642, eff. 7-28-16.) |
13 | | (Text of Section after amendment by P.A. 100-488 ) |
14 | | Sec. 3.3. Farmers' markets. |
15 | | (a) The General Assembly finds as follows: |
16 | | (1) Farmers' markets, as defined in subsection (b) of |
17 | | this Section, provide not only a valuable marketplace for |
18 | | farmers and food artisans to sell their products directly |
19 | | to consumers, but also a place for consumers to access |
20 | | fresh fruits, vegetables, and other agricultural products. |
21 | | (2) Farmers' markets serve as a stimulator for local |
22 | | economies and for thousands of new businesses every year, |
23 | | allowing farmers to sell directly to consumers and capture |
24 | | the full retail value of their products. They have become |
25 | | important community institutions and have figured in the |
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1 | | revitalization of downtown districts and rural |
2 | | communities. |
3 | | (3) Since 1999, the number of farmers' markets has |
4 | | tripled and new ones are being established every year. |
5 | | There is a lack of consistent regulation from one county to |
6 | | the next, resulting in confusion and discrepancies between |
7 | | counties regarding how products may be sold. There |
8 | | continues to be inconsistencies, confusion, and lack of |
9 | | awareness by consumers, farmers, markets, and local health |
10 | | authorities of required guidelines affecting farmers' |
11 | | markets from county to county. |
12 | | (4) (Blank). In 1999, the Department of Public Health |
13 | | published Technical Information Bulletin/Food #30 in order |
14 | | to outline the food handling and sanitation guidelines |
15 | | required for farmers' markets, producer markets, and other |
16 | | outdoor food sales events. |
17 | | (5) (Blank). While this bulletin was revised in 2010, |
18 | | there continues to be inconsistencies, confusion, and lack |
19 | | of awareness by consumers, farmers, markets, and local |
20 | | health authorities of required guidelines affecting |
21 | | farmers' markets from county to county. |
22 | | (6) Recognizing that farmers' markets serve as small |
23 | | business incubators and that farmers' profit margins |
24 | | frequently are narrow, even in direct-to-consumer retail, |
25 | | protecting farmers from costs of regulation that are |
26 | | disproportionate to their profits will help ensure the |
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1 | | continued viability of these local farms and small |
2 | | businesses. |
3 | | (b) For the purposes of this Section: |
4 | | "Department" means the Department of Public Health. |
5 | | "Director" means the Director of Public Health. |
6 | | "Farmers' market" means a common facility or area where the |
7 | | primary purpose is for farmers to gather to sell a variety of |
8 | | fresh fruits and vegetables and other locally produced farm and |
9 | | food products directly to consumers. |
10 | | "Task Force" means the Farmers' Market Task Force. |
11 | | (c) (Blank). In order to facilitate the orderly and uniform |
12 | | statewide implementation and affordability of the standards |
13 | | established in the Department administrative rules for this |
14 | | Section, the Farmers' Market Task Force shall be formed by the |
15 | | Director to assist the Department in implementing statewide |
16 | | administrative regulations for farmers' markets. |
17 | | (d)
This Section does not intend and shall not be construed |
18 | | to limit the power of counties, municipalities, and other local |
19 | | government units to regulate farmers' markets for the |
20 | | protection of the public health, safety, morals, and welfare, |
21 | | including, but not limited to, licensing requirements and time, |
22 | | place, and manner restrictions, except as specified in this |
23 | | Act. This Section provides for a statewide scheme for the |
24 | | orderly and consistent interpretation of the Department's |
25 | | administrative rules pertaining to the safety of food and food |
26 | | products sold at farmers' markets. |
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1 | | (e) (Blank). The Task Force shall consist of at least 24 |
2 | | members appointed within
60 days after August 16, 2011 (the |
3 | | effective date of this Section). Task Force members shall |
4 | | consist of: |
5 | | (1) one person appointed by the President of the |
6 | | Senate; |
7 | | (2) one person appointed by the Minority Leader of the |
8 | | Senate; |
9 | | (3) one person appointed by the Speaker of the House of |
10 | | Representatives; |
11 | | (4) one person appointed by the Minority Leader of the |
12 | | House of Representatives; |
13 | | (5) the Director of Public Health or his or her |
14 | | designee; |
15 | | (6) the Director of Agriculture or his or her designee; |
16 | | (7) a representative of a general agricultural |
17 | | production association appointed by the Department of |
18 | | Agriculture; |
19 | | (8) three representatives of local county public |
20 | | health departments appointed by the Director and selected |
21 | | from 3 different counties representing each of the |
22 | | northern, central, and southern portions of this State; |
23 | | (9) four members of the general public who are engaged |
24 | | in local farmers' markets appointed by the Director of |
25 | | Agriculture; |
26 | | (10) a representative of an association representing |
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1 | | public health administrators appointed by the Director; |
2 | | (11) a representative of an organization of public |
3 | | health departments that serve the City of Chicago and the |
4 | | counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, |
5 | | Will, and Winnebago appointed by the Director; |
6 | | (12) a representative of a general public health |
7 | | association appointed by the Director; |
8 | | (13) the Director of Commerce and Economic Opportunity |
9 | | or his or her designee; |
10 | | (14) the Lieutenant Governor or his or her designee; |
11 | | (15) five farmers who sell their farm products at |
12 | | farmers' markets appointed by the Lieutenant Governor or |
13 | | his or her designee; and |
14 | | (16) one person appointed by the Mayor of Chicago. |
15 | | Task Force members' terms shall be for a period of 2 years, |
16 | | with ongoing appointments made according to the provisions of |
17 | | this Section. |
18 | | (f) (Blank). The Task Force shall be convened by the |
19 | | Director or his or her designee. Members shall elect a Task |
20 | | Force Chair and Co-Chair. |
21 | | (g) (Blank). Meetings may be held via conference call, in |
22 | | person, or both. Three members of the Task Force may call a |
23 | | meeting as long as a 5-working-day notification is sent via |
24 | | mail, e-mail, or telephone call to each member of the Task |
25 | | Force. |
26 | | (h) (Blank). Members of the Task Force shall serve without |
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1 | | compensation. |
2 | | (i) (Blank). The Task Force shall undertake a comprehensive |
3 | | and thorough review of the current Statutes and administrative |
4 | | rules that define which products and practices are permitted |
5 | | and which products and practices are not permitted at farmers' |
6 | | markets and to assist the Department in developing statewide |
7 | | administrative regulations for farmers' markets. |
8 | | (j) (Blank). The Task Force shall advise the Department |
9 | | regarding the content of any administrative rules adopted under |
10 | | this Section and Sections 3.4, 3.5, and 4 of this Act prior to |
11 | | adoption of the rules. Any administrative rules, except |
12 | | emergency rules adopted pursuant to Section 5-45 of the |
13 | | Illinois Administrative Procedure Act, adopted under this |
14 | | Section without obtaining the advice of the Task Force are null |
15 | | and void. If the Department fails to follow the advice of the |
16 | | Task Force, the Department shall, prior to adopting the rules, |
17 | | transmit a written explanation to the Task Force. If the Task |
18 | | Force, having been asked for its advice, fails to advise the |
19 | | Department within 90 days after receiving the rules for review, |
20 | | the rules shall be considered to have been approved by the Task |
21 | | Force. |
22 | | (k) (Blank). The Department shall provide staffing support |
23 | | to the Task Force and shall help to prepare, print, and |
24 | | distribute all reports deemed necessary by the Task Force. |
25 | | (l) (Blank). The Task Force may request assistance from any |
26 | | entity necessary or useful for the performance of its duties. |
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1 | | The Task Force shall issue a report annually to the Secretary |
2 | | of the Senate and the Clerk of the House. |
3 | | (m) The following provisions shall apply concerning |
4 | | statewide farmers' market food safety guidelines: |
5 | | (1) The Director, in accordance with this Section, |
6 | | shall adopt administrative rules (as provided by the |
7 | | Illinois Administrative Procedure Act) for foods found at |
8 | | farmers' markets. |
9 | | (2) The rules and regulations described in this Section |
10 | | shall be consistently enforced by local health authorities |
11 | | throughout the State. |
12 | | (2.5) Notwithstanding any other provision of law |
13 | | except as provided in this Section, local public health |
14 | | departments and all other units of local government are |
15 | | prohibited from creating sanitation guidelines, rules, or |
16 | | regulations for farmers' markets that are more stringent |
17 | | than those farmers' market sanitation regulations |
18 | | contained in the administrative rules adopted by the |
19 | | Department for the purposes of implementing this Section |
20 | | and Sections 3.4, 3.5, and 4 of this Act. Except as |
21 | | provided for in Sections 3.4 and 4 of this Act, this |
22 | | Section does not intend and shall not be construed to limit |
23 | | the power of local health departments and other government |
24 | | units from requiring licensing and permits for the sale of |
25 | | commercial food products, processed food products, |
26 | | prepared foods, and potentially hazardous foods at |
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1 | | farmers' markets or conducting related inspections and |
2 | | enforcement activities, so long as those permits and |
3 | | licenses do not include unreasonable fees or sanitation |
4 | | provisions and rules that are more stringent than those |
5 | | laid out in the administrative rules adopted by the |
6 | | Department for the purposes of implementing this Section |
7 | | and Sections 3.4, 3.5, and 4 of this Act. |
8 | | (3) In the case of alleged non-compliance with the |
9 | | provisions described in this Section, local health |
10 | | departments shall issue written notices to vendors and |
11 | | market managers of any noncompliance issues. |
12 | | (4) Produce and food products coming within the scope |
13 | | of the provisions of this Section shall include, but not be |
14 | | limited to, raw agricultural products, including fresh |
15 | | fruits and vegetables; popcorn, grains, seeds, beans, and |
16 | | nuts that are whole, unprocessed, unpackaged, and |
17 | | unsprouted; fresh herb springs and dried herbs in bunches; |
18 | | baked goods sold at farmers' markets; cut fruits and |
19 | | vegetables; milk and cheese products; ice cream; syrups; |
20 | | wild and cultivated mushrooms; apple cider and other fruit |
21 | | and vegetable juices; herb vinegar; garlic-in-oil; |
22 | | flavored oils; pickles, relishes, salsas, and other canned |
23 | | or jarred items; shell eggs; meat and poultry; fish; |
24 | | ready-to-eat foods; commercially produced prepackaged food |
25 | | products; and any additional items specified in the |
26 | | administrative rules adopted by the Department to |
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1 | | implement Section 3.3 of this Act. |
2 | | (n) Local health department regulatory guidelines may be |
3 | | applied to foods not often found at farmers' markets, all other |
4 | | food products not regulated by the Department of Agriculture |
5 | | and the Department of Public Health, as well as live animals to |
6 | | be sold at farmers' markets. |
7 | | (o) (Blank). The Task Force shall issue annual reports to |
8 | | the Secretary of the Senate and the Clerk of the House with |
9 | | recommendations for the development of administrative rules as |
10 | | specified. The first report shall be issued no later than |
11 | | December 31, 2012. |
12 | | (p) The Department of Public Health and the Department of |
13 | | Agriculture , in conjunction with the Task Force, shall adopt |
14 | | administrative rules necessary to implement, interpret, and |
15 | | make specific the provisions of this Section, including, but |
16 | | not limited to, rules concerning labels, sanitation, and food |
17 | | product safety according to the realms of their jurisdiction in |
18 | | accordance with subsection (j) of this Section .
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19 | | (q) The Department and the Task Force shall work together |
20 | | to create a food sampling training and license program as |
21 | | specified in Section 3.4 of this Act. |
22 | | (r) In addition to any rules adopted pursuant to subsection |
23 | | (p) of this Section, the following provisions shall be applied |
24 | | uniformly throughout the State, including to home rule units, |
25 | | except as otherwise provided in this Act: |
26 | | (1) Farmers market vendors shall provide effective |
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1 | | means to maintain potentially hazardous food, as defined in |
2 | | Section 4 of this Act, at 41 degrees Fahrenheit or below. |
3 | | As an alternative to mechanical refrigeration, an |
4 | | effectively insulated, hard-sided, cleanable container |
5 | | with sufficient ice or other cooling means that is intended |
6 | | for the storage of potentially hazardous food shall be |
7 | | used. Local health departments shall not limit vendors' |
8 | | choice of refrigeration or cooling equipment and shall not |
9 | | charge a fee for use of such equipment. Local health |
10 | | departments shall not be precluded from requiring an |
11 | | effective alternative form of cooling if a vendor is unable |
12 | | to maintain food at the appropriate temperature. |
13 | | (2) Handwashing stations may be shared by farmers' |
14 | | market vendors if handwashing stations are accessible to |
15 | | vendors. |
16 | | (Source: P.A. 99-9, eff. 7-10-15; 99-191, eff. 1-1-16; 99-642, |
17 | | eff. 7-28-16; 100-488, eff. 6-1-18.) |
18 | | (410 ILCS 625/3.4) |
19 | | Sec. 3.4. Product samples. |
20 | | (a) For the purpose of this Section, "food product |
21 | | sampling" means food product samples distributed free of charge |
22 | | for promotional or educational purposes only. |
23 | | (b) Notwithstanding any other provision of law, except as |
24 | | provided in subsection (c) of this Section, a vendor who |
25 | | engages in food product sampling at a farmers' market may do so |
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1 | | without obtaining a State or local permit to provide those food |
2 | | product samples, provided the vendor complies with the State |
3 | | and local permit requirements to sell the food product to be |
4 | | sampled and with the food preparation, food handling, food |
5 | | storage, and food sampling requirements specified in the |
6 | | administrative rules adopted by the Department to implement |
7 | | Section 3.3 and Section 3.4 of this Act. |
8 | | The Department of Public Health is instructed to work with |
9 | | the Farmers' Market Task Force as created in Section 3.3 of |
10 | | this Act to establish a food sampling at farmers' market |
11 | | training and certification program to fulfill this |
12 | | requirement. The Department shall adopt rules for the food |
13 | | sampling training and certification program and product |
14 | | sampling requirements at farmers' markets in accordance with |
15 | | subsection (j) of Section 3.3 . The Department may charge a |
16 | | reasonable fee for the training and certification program. The |
17 | | Department may delegate or contract authority to administer the |
18 | | food sampling training to other qualified public and private |
19 | | entities. |
20 | | (c) Notwithstanding the provisions of subsection (b) of |
21 | | this Section, the Department of Public Health, the Department |
22 | | of Agriculture, a local municipal health department, or a |
23 | | certified local health department may inspect a vendor at a |
24 | | farmers' market to ensure compliance with the provisions in |
25 | | this Section. If an imminent health hazard exists or a vendor's |
26 | | product has been found to be misbranded, adulterated, or not in |
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1 | | compliance with the permit exemption for vendors pursuant to |
2 | | this Section, then the regulatory authority may invoke |
3 | | cessation of sales until it deems that the situation has been |
4 | | addressed.
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5 | | (Source: P.A. 98-660, eff. 6-23-14; 99-78, eff. 7-20-15.) |
6 | | Section 95. No acceleration or delay. Where this Act makes |
7 | | changes in a statute that is represented in this Act by text |
8 | | that is not yet or no longer in effect (for example, a Section |
9 | | represented by multiple versions), the use of that text does |
10 | | not accelerate or delay the taking effect of (i) the changes |
11 | | made by this Act or (ii) provisions derived from any other |
12 | | Public Act.
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