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1 | AN ACT concerning public 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 4 and by adding Sections | ||||||||||||||||||||||||||||||||
6 | 3.4 and 3.5 as follows: | ||||||||||||||||||||||||||||||||
7 | (410 ILCS 625/3.3) | ||||||||||||||||||||||||||||||||
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. | ||||||
4 | (4) In 1999, the Department of Public Health published | ||||||
5 | Technical Information Bulletin/Food #30 in order to | ||||||
6 | outline the food handling and sanitation guidelines | ||||||
7 | required for farmers' markets, producer markets, and other | ||||||
8 | outdoor food sales events. | ||||||
9 | (5) While this bulletin was revised in 2010, there | ||||||
10 | continues to be inconsistencies, confusion, and lack of | ||||||
11 | awareness by consumers, farmers, markets, and local health | ||||||
12 | authorities of required guidelines affecting farmers' | ||||||
13 | markets from county to county. | ||||||
14 | (b) For the purposes of this Section: | ||||||
15 | "Department" means the Department of Public Health. | ||||||
16 | "Director" means the Director of Public Health. | ||||||
17 | "Farmers' market" means a common facility or area where | ||||||
18 | farmers gather to sell a variety of fresh fruits and vegetables | ||||||
19 | and other locally produced farm and food products directly to | ||||||
20 | consumers. Local food artisans may participate at farmers' | ||||||
21 | markets. | ||||||
22 | (c) In order to facilitate the orderly and uniform | ||||||
23 | statewide interpretation of the Department of Public Health's | ||||||
24 | Technical Information Bulletin/Food #30, the Farmers' Market | ||||||
25 | Task Force shall be formed by the Director to assist the | ||||||
26 | Department in implementing statewide administrative |
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1 | regulations for farmers' markets. | ||||||
2 | (d)
This Act does not intend and shall not be construed to | ||||||
3 | limit the power of counties, municipalities, and other local | ||||||
4 | government units to regulate farmers' markets for the | ||||||
5 | protection of the public health, safety, morals, and welfare, | ||||||
6 | including, but not limited to, licensing requirements and time, | ||||||
7 | place, and manner restrictions. This Act provides for a | ||||||
8 | statewide scheme for the orderly and consistent interpretation | ||||||
9 | of the Department of Public Health administrative rules | ||||||
10 | pertaining to the safety of food and food products sold at | ||||||
11 | farmers' markets. | ||||||
12 | (e) The Farmers' Market Task Force shall consist of at | ||||||
13 | least 24 members appointed within
60 days after the effective | ||||||
14 | date of this Section. Task Force members shall consist of: | ||||||
15 | (1) one person appointed by the President of the | ||||||
16 | Senate; | ||||||
17 | (2) one person appointed by the Minority Leader of the | ||||||
18 | Senate; | ||||||
19 | (3) one person appointed by the Speaker of the House of | ||||||
20 | Representatives; | ||||||
21 | (4) one person appointed by the Minority Leader of the | ||||||
22 | House of Representatives; | ||||||
23 | (5) the Director of Public Health or his or her | ||||||
24 | designee; | ||||||
25 | (6) the Director of Agriculture or his or her designee; | ||||||
26 | (7) a representative of a general agricultural |
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1 | production association appointed by the Department of | ||||||
2 | Agriculture; | ||||||
3 | (8) three representatives of local county public | ||||||
4 | health departments appointed by the Director and selected | ||||||
5 | from 3 different counties representing each of the | ||||||
6 | northern, central, and southern portions of this State; | ||||||
7 | (9) four members of the general public who are engaged | ||||||
8 | in local farmers' markets appointed by the Director of | ||||||
9 | Agriculture; | ||||||
10 | (10) a representative of an association representing | ||||||
11 | public health administrators appointed by the Director; | ||||||
12 | (11) a representative of an organization of public | ||||||
13 | health departments that serve the City of Chicago and the | ||||||
14 | counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, | ||||||
15 | Will, and Winnebago appointed by the Director; | ||||||
16 | (12) a representative of a general public health | ||||||
17 | association appointed by the Director; | ||||||
18 | (13) the Director of Commerce and Economic Opportunity | ||||||
19 | or his or her designee; | ||||||
20 | (14) the Lieutenant Governor or his or her designee; | ||||||
21 | and | ||||||
22 | (15) five farmers who sell their farm products at | ||||||
23 | farmers' markets appointed by the Lieutenant Governor or | ||||||
24 | his or her designee. | ||||||
25 | Task Force members' terms shall be for a period of 2 years, | ||||||
26 | with ongoing appointments made according to the provisions of |
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1 | this Section. | ||||||
2 | (f) The Task Force shall be convened by the Director or his | ||||||
3 | or her designee. Members shall elect a Task Force Chair and | ||||||
4 | Co-Chair. | ||||||
5 | (g) Meetings may be held via conference call, in person, or | ||||||
6 | both. Three members of the Task Force may call a meeting as | ||||||
7 | long as a 5-working-day notification is sent via mail, e-mail, | ||||||
8 | or telephone call to each member of the Task Force. | ||||||
9 | (h) Members of the Task Force shall serve without | ||||||
10 | compensation. | ||||||
11 | (i) The Task Force shall undertake a comprehensive and | ||||||
12 | thorough review of the current Statutes and administrative | ||||||
13 | rules that define which products and practices are permitted | ||||||
14 | and which products and practices are not permitted at farmers' | ||||||
15 | markets and to assist the Department in developing statewide | ||||||
16 | administrative regulations for farmers' markets. | ||||||
17 | (j) The Task Force shall assist the Department of Public | ||||||
18 | Health and the Department of Agriculture in developing | ||||||
19 | administrative regulations and procedures regarding the | ||||||
20 | implementation of the various Acts that define which products | ||||||
21 | and practices are permitted and which products and practices | ||||||
22 | are not permitted at farmers' markets. | ||||||
23 | (k) The Department of Public Health shall provide staffing | ||||||
24 | support to the Task Force and shall help to prepare, print, and | ||||||
25 | distribute all reports deemed necessary by the Task Force. | ||||||
26 | (l) The Task Force may request assistance from any entity |
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1 | necessary or useful for the performance of its duties. The Task | ||||||
2 | Force shall issue a report annually to the Secretary of the | ||||||
3 | Senate and the Clerk of the House. | ||||||
4 | (m) The following provisions shall apply concerning | ||||||
5 | statewide farmers' market food safety guidelines: | ||||||
6 | (1) The Director, in accordance with this Section, | ||||||
7 | shall adopt administrative rules (as provided by the | ||||||
8 | Illinois Administrative Procedure Act) for foods found at | ||||||
9 | farmers' markets. | ||||||
10 | (2) The rules and regulations described in this Act | ||||||
11 | shall be consistently enforced by local health authorities | ||||||
12 | throughout the State. | ||||||
13 | (2.5) Notwithstanding any other provision of law | ||||||
14 | except as provided in this Act, local public health | ||||||
15 | departments and all other units of local government are | ||||||
16 | prohibited from creating sanitation guidelines, rules, or | ||||||
17 | regulations for farmers' markets that are more stringent | ||||||
18 | than those farmers' market sanitation guidelines contained | ||||||
19 | in the Department of Public Health's Technical Information | ||||||
20 | Bulletin #30 Sanitation Guidelines for Farmers Markets | ||||||
21 | (TIB #30), any subsequent revisions to TIB #30, or any | ||||||
22 | subsequent administrative rules adopted by the Department | ||||||
23 | for the purposes of implementing this Act. Except as | ||||||
24 | provided for in Section 3.4 of this Act, this Act does not | ||||||
25 | intend and shall not be construed to limit the power of | ||||||
26 | local health departments and other government units from |
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1 | requiring licensing and permits for the sale of commercial | ||||||
2 | food products, processed food products, prepared foods, | ||||||
3 | and potentially hazardous foods at farmers' markets or | ||||||
4 | conducting related inspections and enforcement activities, | ||||||
5 | so long as those permits and licenses do not include | ||||||
6 | onerous and unreasonable fees or sanitation provisions and | ||||||
7 | rules that are more stringent than those laid out in the | ||||||
8 | Department's TIB#30, subsequent revisions to TIB #30, or | ||||||
9 | any subsequent administrative rules adopted by the | ||||||
10 | Department for the purposes of implementing this Act. | ||||||
11 | (3) In the case of alleged non-compliance with the | ||||||
12 | provisions described in this Act, local health departments | ||||||
13 | shall issue written notices to vendors and market managers | ||||||
14 | of any noncompliance issues. | ||||||
15 | (4) Produce and food products coming within the scope | ||||||
16 | of the provisions of this Act shall include, but not be | ||||||
17 | limited to, raw agricultural products, including fresh | ||||||
18 | fruits and vegetables; popcorn, grains, seeds, beans, and | ||||||
19 | nuts that are whole, unprocessed, unpackaged, and | ||||||
20 | unsprouted; fresh herb springs and dried herbs in bunches; | ||||||
21 | baked goods sold at farmers' markets; cut fruits and | ||||||
22 | vegetables; milk and cheese products; ice cream; syrups; | ||||||
23 | wild and cultivated mushrooms; apple cider and other fruit | ||||||
24 | and vegetable juices; herb vinegar; garlic-in-oil; | ||||||
25 | flavored oils; pickles, relishes, salsas, and other canned | ||||||
26 | or jarred items; shell eggs; meat and poultry; fish; and |
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1 | commercially produced prepackaged food products. | ||||||
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) The Task Force shall issue annual reports to the | ||||||
8 | 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 Act, including, but not | ||||||
16 | limited to, rules concerning labels, sanitation, and food | ||||||
17 | product safety according to the realms of their jurisdiction. | ||||||
18 | Proposed administrative rules shall be drafted and published | ||||||
19 | for initial public comment no later than October 1, 2014.
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20 | (q) The Department and the Task Force shall work together | ||||||
21 | to create a food sampling training and license program as | ||||||
22 | specified in Section 3.4 of this Act. | ||||||
23 | (Source: P.A. 97-394, eff. 8-16-11.) | ||||||
24 | (410 ILCS 625/3.4 new) | ||||||
25 | Sec. 3.4. Product samples. |
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1 | (a) For the purpose of this Section, "food product | ||||||
2 | sampling" means food product samples distributed free of charge | ||||||
3 | for promotional or educational purposes only. | ||||||
4 | (b) Notwithstanding any other provision of law, except as | ||||||
5 | provided in subsection (c) of this Section, a vendor who | ||||||
6 | engages in food product sampling at a farmers' market or farm | ||||||
7 | stand registered with the Department of Agriculture Bureau of | ||||||
8 | Marketing may do so without obtaining a permit to provide those | ||||||
9 | samples or any other applicable State or local permit or | ||||||
10 | license to do so, provided all of the following conditions are | ||||||
11 | met: | ||||||
12 | (1) Except when samples are entirely prepared and | ||||||
13 | packaged individually in single-use serving sampling | ||||||
14 | containers at a commercially certified and inspected | ||||||
15 | kitchen or cottage food operation prior to arriving at the | ||||||
16 | farmers' market, a vendor engaged in food product sampling | ||||||
17 | must at a minimum: | ||||||
18 | (A) provide or have reasonable access to a hand | ||||||
19 | washing station that consists of a container with a | ||||||
20 | spigot that provides hands-free flowing potable water, | ||||||
21 | a waste bucket or catch basin under the spigot, a | ||||||
22 | pump-type soap dispenser, and single use disposable | ||||||
23 | towels; | ||||||
24 | (B) operate in accordance with 77 Ill. Adm. Code | ||||||
25 | 750.512 and 750.514 (When to Wash Hands and Where to | ||||||
26 | Wash Hands); and |
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1 | (C) wash, rinse, and sanitize all equipment, | ||||||
2 | utensils, and cutting boards used to slice or prepare | ||||||
3 | samples prior to use in sampling utilizing a 3-sink | ||||||
4 | system or, at minimum, a basic 3-bucket washing station | ||||||
5 | setup. | ||||||
6 | (2) Product samples shall be stored and held under | ||||||
7 | sanitary conditions in accordance with the following | ||||||
8 | provisions: | ||||||
9 | (A) Product samples must at all times be protected | ||||||
10 | from insects, flies, dirt, unnecessary handling, | ||||||
11 | chemicals, adulterants, and any other contamination. | ||||||
12 | (B) Samples at a farmers' market vendor stand or | ||||||
13 | booth shall be displayed in a manner that protects them | ||||||
14 | from insects, flies, dirt, unnecessary handling, | ||||||
15 | chemicals, adulterants, and any other contamination. | ||||||
16 | (C) The premises where samples are distributed | ||||||
17 | shall be maintained in a neat and clean sanitary | ||||||
18 | condition. | ||||||
19 | (D) If ice or dry ice is necessary or used to cool | ||||||
20 | samples or keep samples at the appropriate temperature | ||||||
21 | as required under the Illinois Food Service Sanitation | ||||||
22 | Code, it shall be done in accordance with 77 Ill. Adm. | ||||||
23 | Code 750.1620 and Section 750.1650 (Ice and Wet | ||||||
24 | Storage). All potentially hazardous food must be held | ||||||
25 | at the appropriate temperature; any form is | ||||||
26 | acceptable, so long as the temperature requirement is |
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1 | met. | ||||||
2 | (3) Product samples of food may only be distributed | ||||||
3 | using single-use sampling equipment, including, but not | ||||||
4 | limited to, tooth-picks, cups, and containers. | ||||||
5 | (4) Potentially hazardous samples of foods that | ||||||
6 | require temperature control for safety that have not been | ||||||
7 | served to consumers within 2 hours after preparation must | ||||||
8 | be discarded. | ||||||
9 | (5) All raw agricultural foods, such as fruits and | ||||||
10 | vegetables, must be thoroughly washed in potable water | ||||||
11 | prior to cutting. All washed food products for sampling | ||||||
12 | must be stored separately and apart from other unwashed | ||||||
13 | food items and shall be protected from recontamination | ||||||
14 | after washing. | ||||||
15 | (6) Animals are not allowed in any food product | ||||||
16 | sampling or handling areas. | ||||||
17 | (7) The vendor offering samples has a | ||||||
18 | Department-approved food handling license. | ||||||
19 | The Department of Public Health is instructed to work | ||||||
20 | with the Farmers' Market Task Force as created in Section | ||||||
21 | 3.3 of this Act to create a specific food sampling at | ||||||
22 | farmers' market training course and license to fulfill this | ||||||
23 | requirement. The Department may charge a reasonable fee for | ||||||
24 | the license and training course. The Department may | ||||||
25 | delegate or contract authority to administer the food | ||||||
26 | sampling training course to other public and private |
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1 | entities. Upon completion of the food sampling at farmers' | ||||||
2 | market training course, a trainee shall submit proof to the | ||||||
3 | Department and the Department shall issue a food sampling | ||||||
4 | training license that is valid for 2 years. | ||||||
5 | (c) Notwithstanding the provisions of subsection (b) of | ||||||
6 | this Section, the Department of Public Health, the Department | ||||||
7 | of Agriculture, a certified local health department, or any | ||||||
8 | unit of local government may inspect a vendor at a farmers' | ||||||
9 | market to ensure compliance with the provisions in this | ||||||
10 | Section. If an imminent health hazard exists or a vendor's | ||||||
11 | product has been found to be misbranded, adulterated, or not in | ||||||
12 | compliance with the permit exemption for vendors pursuant to | ||||||
13 | this Section, then the regulatory authority may invoke | ||||||
14 | cessation of sales until it deems that the situation has been | ||||||
15 | addressed. | ||||||
16 | (410 ILCS 625/3.5 new) | ||||||
17 | Sec. 3.5. Product origin. | ||||||
18 | (a) All vendors or booths selling specialty crops and raw | ||||||
19 | agricultural commodities at a farmers' market in Illinois must | ||||||
20 | post at the point of sale a placard or include on a label or | ||||||
21 | packing slip the physical location of the farm on which those | ||||||
22 | products were grown or produced. | ||||||
23 | (b)
Specialty crops and raw agricultural commodities | ||||||
24 | direct marketed at farmers' markets that do not include a | ||||||
25 | placard at the point of sale or on a label or packing slip |
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1 | stating the physical location of the farm on which those | ||||||
2 | products were grown or produced shall be considered misbranded | ||||||
3 | and adulterated. | ||||||
4 | (410 ILCS 625/4) | ||||||
5 | Sec. 4. Cottage food operation. | ||||||
6 | (a) For the purpose of this Section: | ||||||
7 | "Cottage food operation" means an operation conducted by a | ||||||
8 | person who produces or packages non-potentially hazardous food | ||||||
9 | in a kitchen located in of that person's primary domestic | ||||||
10 | residence or another kitchen on that property for direct sale | ||||||
11 | by the owner or a family member, stored in the residence where | ||||||
12 | the food is made. | ||||||
13 | "Farmers' market" means a common facility or area where
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14 | farmers gather to sell a variety of fresh fruits and vegetables
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15 | and other locally produced farm and food products directly to
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16 | consumers. | ||||||
17 | "Potentially hazardous food" means a food that is | ||||||
18 | potentially hazardous according to the Federal Food and Drug | ||||||
19 | Administration 2009 Food Code (FDA 2009 Food Code) or any | ||||||
20 | subsequent amendments to the FDA 2009 Food Code. Potentially | ||||||
21 | hazardous food (PHF) in general means a food that requires time | ||||||
22 | and temperature control for safety (TCS) to limit pathogenic | ||||||
23 | microorganism growth or toxin formation. In accordance with the | ||||||
24 | FDA 2009 Food Code, potentially hazardous food does not include | ||||||
25 | a food item that because of its pH or Aw value, or interaction |
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1 | of Aw and pH values, is designated as a non-PHF/non-TCS food in | ||||||
2 | Table A or B of the FDA 2009 Food Code's potentially hazardous | ||||||
3 | food definition. | ||||||
4 | (b) Notwithstanding any other provision of law and except | ||||||
5 | as provided in subsections (c) and (d) of this Section, neither | ||||||
6 | the Department of Public Health nor the Department of | ||||||
7 | Agriculture nor the health department of a unit of local | ||||||
8 | government may regulate the service of food by a cottage food | ||||||
9 | operation providing that all of the following conditions are | ||||||
10 | met: | ||||||
11 | (1) The food is not a potentially hazardous baked good, | ||||||
12 | jam, jelly, preserve, fruit butter, dry herb, dry herb | ||||||
13 | blend, or dry tea blend and is intended for end-use only. | ||||||
14 | The following provisions shall apply: | ||||||
15 | (A) The following jams, jellies and preserves are | ||||||
16 | allowed: apple, apricot, grape, peach, plum, quince, | ||||||
17 | orange, nectarine, tangerine, blackberry, raspberry, | ||||||
18 | blueberry, boysenberry, cherry, cranberry, strawberry, | ||||||
19 | red currants, or a combination of these fruits. | ||||||
20 | Rhubarb, tomato, and pepper jellies or jams are not | ||||||
21 | allowed. Any other jams, jellies, or preserves not | ||||||
22 | listed may be produced by a cottage food operation | ||||||
23 | provided their recipe has been tested and documented by | ||||||
24 | a commercial laboratory, at the expense of the cottage | ||||||
25 | food operation, as being not potentially hazardous, | ||||||
26 | containing a pH equilibrium of less than 4.6. |
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1 | (B) The following fruit butters are allowed: | ||||||
2 | apple, apricot, grape, peach, plum, quince, and prune. | ||||||
3 | Pumpkin butter, banana butter, and pear butter are not | ||||||
4 | allowed. Fruit butters not listed may be produced by a | ||||||
5 | cottage food operation provided their recipe has been | ||||||
6 | tested and documented by a commercial laboratory, at | ||||||
7 | the expense of the cottage food operation, as being not | ||||||
8 | potentially hazardous, containing a pH equilibrium of | ||||||
9 | less than 4.6. | ||||||
10 | (C) Baked goods, such as, but not limited to, | ||||||
11 | breads, cookies, cakes, pies, and pastries are | ||||||
12 | allowed. Only high-acid fruit pies that use the | ||||||
13 | following fruits are allowed: apple, apricot, grape, | ||||||
14 | peach, plum, quince, orange, nectarine, tangerine, | ||||||
15 | blackberry, raspberry, blueberry, boysenberry, cherry, | ||||||
16 | cranberry, strawberry, red currants or a combination | ||||||
17 | of these fruits. Fruit pies not listed may be produced | ||||||
18 | by a cottage food operation provided their recipe has | ||||||
19 | been tested and documented by a commercial laboratory, | ||||||
20 | at the expense of the cottage food operation, as being | ||||||
21 | not potentially hazardous, containing a pH equilibrium | ||||||
22 | of less than 4.6. The following are potentially | ||||||
23 | hazardous and prohibited from production and sale by a | ||||||
24 | cottage food operation: pumpkin pie, sweet potato pie, | ||||||
25 | cheesecake, custard pies, creme pies, and pastries | ||||||
26 | with potentially hazardous fillings or toppings. |
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1 | (2) The food is to be sold at a farmers' market. | ||||||
2 | (3) Gross receipts from the sale of food exempted under | ||||||
3 | this Section do not exceed $25,000 in a calendar year. | ||||||
4 | (4) The food packaging conforms to the labeling | ||||||
5 | requirements of the Illinois Food, Drug and Cosmetic Act | ||||||
6 | and includes the following information on the label of each | ||||||
7 | of its products: | ||||||
8 | (A) the name and address of the cottage food | ||||||
9 | operation; | ||||||
10 | (B) the common or usual name of the food product; | ||||||
11 | (C) all ingredients of the food product, including | ||||||
12 | any colors, artificial flavors, and preservatives, | ||||||
13 | listed in descending order by predominance of weight | ||||||
14 | shown with common or usual names; | ||||||
15 | (D) the following phrase: "This product was | ||||||
16 | produced in a home kitchen not subject to public health | ||||||
17 | inspection that may also process common food | ||||||
18 | allergens."; | ||||||
19 | (E) the date the product was processed; and | ||||||
20 | (F) allergen labeling as specified in federal | ||||||
21 | labeling requirements. | ||||||
22 | (5) The name and residence of the person preparing and | ||||||
23 | selling products as a cottage food operation is registered | ||||||
24 | with the health department of a unit of local government | ||||||
25 | where the cottage food operation resides. No fees shall be | ||||||
26 | charged for registration. Registration shall be for a |
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1 | minimum period of one year. | ||||||
2 | (6) The person preparing and selling products as a | ||||||
3 | cottage food operation has a Department of Public Health | ||||||
4 | approved Food Service Sanitation Management Certificate. | ||||||
5 | (7) At the point of sale a placard is displayed in a | ||||||
6 | prominent location that states the following: "This | ||||||
7 | product was produced in a home kitchen not subject to | ||||||
8 | public health inspection that may also process common food | ||||||
9 | allergens.". | ||||||
10 | (c) Notwithstanding the provisions of subsection (b) of | ||||||
11 | this Section, if the Department of Public Health or the health | ||||||
12 | department of a unit of local government has received a | ||||||
13 | consumer complaint or has reason to believe that an imminent | ||||||
14 | health hazard exists or that a cottage food operation's product | ||||||
15 | has been found to be misbranded, adulterated, or not in | ||||||
16 | compliance with the exception for cottage food operations | ||||||
17 | pursuant to this Section, then it may invoke cessation of sales | ||||||
18 | until it deems that the situation has been addressed to the | ||||||
19 | satisfaction of the Department. | ||||||
20 | (d) Notwithstanding the provisions of subsection (b) of | ||||||
21 | this Section, a State-certified local public health department | ||||||
22 | may, upon providing a written statement to the Department of | ||||||
23 | Public Health, regulate the service of food by a cottage food | ||||||
24 | operation. The regulation by a State-certified local public | ||||||
25 | health department may include all of the following | ||||||
26 | requirements: |
| |||||||
| |||||||
1 | (1) That the cottage food operation (A) register with | ||||||
2 | the State-certified local public health department, which | ||||||
3 | shall be for a minimum of one year and may include a | ||||||
4 | reasonable fee set by the State-certified local public | ||||||
5 | health department that is no greater than $25 | ||||||
6 | notwithstanding paragraph (5) of subsection (b) of this | ||||||
7 | Section and (B) agree in writing at the time of | ||||||
8 | registration to grant access to the State-certified local | ||||||
9 | public health department to conduct an inspection of the | ||||||
10 | cottage food operation's primary domestic residence in the | ||||||
11 | event of a consumer complaint or foodborne illness | ||||||
12 | outbreak. | ||||||
13 | (2) That in the event of a consumer complaint or | ||||||
14 | foodborne illness outbreak the State-certified local | ||||||
15 | public health department is allowed to (A) inspect the | ||||||
16 | premises of the cottage food operation in question and (B) | ||||||
17 | set a reasonable fee for that inspection.
| ||||||
18 | (Source: P.A. 97-393, eff. 1-1-12.) | ||||||
19 | Section 10. The Sanitary Food Preparation Act is amended by | ||||||
20 | changing Section 11 as follows:
| ||||||
21 | (410 ILCS 650/11) (from Ch. 56 1/2, par. 77)
| ||||||
22 | Sec. 11.
Except as hereinafter provided and as provided in | ||||||
23 | Sections 3.3 , 3.4, and 4 of the Food Handling Regulation | ||||||
24 | Enforcement Act, the Department of Public
Health shall enforce |
| |||||||
| |||||||
1 | this Act, and for that purpose it may at all times
enter every | ||||||
2 | such building, room, basement, inclosure or premises
occupied | ||||||
3 | or used or suspected of being occupied or used for the
| ||||||
4 | production, preparation or manufacture for sale, or the | ||||||
5 | storage, sale,
distribution or transportation of such food, to | ||||||
6 | inspect the premises and
all utensils, fixtures, furniture and | ||||||
7 | machinery used as aforesaid; and
if upon inspection any such | ||||||
8 | food producing or distribution
establishment, conveyance, or | ||||||
9 | employer, employee, clerk, driver or other
person is found to | ||||||
10 | be violating any of the provisions of this Act, or if
the | ||||||
11 | production, preparation, manufacture, packing, storage, sale,
| ||||||
12 | distribution or transportation of such food is being conducted | ||||||
13 | in a
manner detrimental to the health of the employees and | ||||||
14 | operatives, or to
the character or quality of the food therein | ||||||
15 | being produced,
manufactured, packed, stored, sold, | ||||||
16 | distributed or conveyed, the officer
or inspector making the | ||||||
17 | inspection or examination shall report such
conditions and | ||||||
18 | violations to the Department. The Department of
Agriculture | ||||||
19 | shall have exclusive jurisdiction for the enforcement of
this | ||||||
20 | Act insofar as it relates to establishments defined by Section | ||||||
21 | 2.5
of "The Meat and Poultry Inspection Act", approved July
22, | ||||||
22 | 1959, as heretofore or hereafter amended. The Department of
| ||||||
23 | Agriculture or Department of Public Health, as the case may be, | ||||||
24 | shall
thereupon issue a written order to the person, firm or | ||||||
25 | corporation
responsible for the violation or condition | ||||||
26 | aforesaid to abate such
condition or violation or to make such |
| |||||||
| |||||||
1 | changes or improvements as may be
necessary to abate them, | ||||||
2 | within such reasonable time as may be required.
Notice of the | ||||||
3 | order may be served by delivering a copy thereof to the
person, | ||||||
4 | firm or corporation, or by sending a copy thereof by registered
| ||||||
5 | mail, and the receipt thereof through the post office shall be | ||||||
6 | prima
facie evidence that notice of the order has been | ||||||
7 | received. Such person,
firm or corporation may appear in person | ||||||
8 | or by attorney before the
Department of Agriculture or the | ||||||
9 | Department of Public Health, as the
case may be, within the | ||||||
10 | time limited in the order, and shall be given an
opportunity to | ||||||
11 | be heard and to show why such order or instructions
should not | ||||||
12 | be obeyed. The hearing shall be under such rules and
| ||||||
13 | regulations as may be prescribed by the Department of | ||||||
14 | Agriculture or the
Department of Public Health, as the case may | ||||||
15 | be. If after such hearing
it appears that this Act has not been | ||||||
16 | violated, the order shall be
rescinded. If it appears that this | ||||||
17 | Act is being violated, and that the
person, firm or corporation | ||||||
18 | notified is responsible therefor, the
previous order shall be | ||||||
19 | confirmed or amended, as the facts shall
warrant, and shall | ||||||
20 | thereupon be final, but such additional time as is
necessary | ||||||
21 | may be granted within which to comply with the final order. If
| ||||||
22 | such person, firm or corporation is not present or represented | ||||||
23 | when such
final order is made, notice thereof shall be given as | ||||||
24 | above provided. On
failure of the party or parties to comply | ||||||
25 | with the first order of the
Department of Agriculture or the | ||||||
26 | Department of Public Health, as the
case may be, within the |
| |||||||
| |||||||
1 | time prescribed, when no hearing is demanded, or
upon failure | ||||||
2 | to comply with the final order within the time specified,
the | ||||||
3 | Department shall certify the facts to the State's Attorney of | ||||||
4 | the
county in which such violation occurred, and such State's | ||||||
5 | Attorney shall
proceed against the party or parties for the | ||||||
6 | fines and penalties
provided by this Act, and also for the | ||||||
7 | abatement of the nuisance:
Provided, that the proceedings | ||||||
8 | herein prescribed for the abatement of
nuisances as defined in | ||||||
9 | this Act shall not in any manner relieve the
violator from | ||||||
10 | prosecution in the first instance for every such
violation, nor | ||||||
11 | from the penalties for such violation prescribed by
Section 13.
| ||||||
12 | (Source: P.A. 97-393, eff. 1-1-12; 97-394, eff. 8-16-11; | ||||||
13 | 97-813, eff. 7-13-12.)
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|