Rep. Michael W. Tryon
Filed: 4/2/2014
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5657
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5657 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
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, |
| |||||||
| |||||||
1 | allowing farmers to sell directly to consumers and capture | ||||||
2 | the full retail value of their products. They have become | ||||||
3 | important community institutions and have figured in the | ||||||
4 | revitalization of downtown districts and rural | ||||||
5 | communities. | ||||||
6 | (3) Since 1999, the number of farmers' markets has | ||||||
7 | tripled and new ones are being established every year. | ||||||
8 | There is a lack of consistent regulation from one county to | ||||||
9 | the next, resulting in confusion and discrepancies between | ||||||
10 | counties regarding how products may be sold. | ||||||
11 | (4) In 1999, the Department of Public Health published | ||||||
12 | Technical Information Bulletin/Food #30 in order to | ||||||
13 | outline the food handling and sanitation guidelines | ||||||
14 | required for farmers' markets, producer markets, and other | ||||||
15 | outdoor food sales events. | ||||||
16 | (5) While this bulletin was revised in 2010, there | ||||||
17 | continues to be inconsistencies, confusion, and lack of | ||||||
18 | awareness by consumers, farmers, markets, and local health | ||||||
19 | authorities of required guidelines affecting farmers' | ||||||
20 | markets from county to county. | ||||||
21 | (b) For the purposes of this Section: | ||||||
22 | "Department" means the Department of Public Health. | ||||||
23 | "Director" means the Director of Public Health. | ||||||
24 | "Farmers' market" means a common facility or area where the | ||||||
25 | primary purpose is for farmers to gather to sell a variety of | ||||||
26 | fresh fruits and vegetables and other locally produced farm and |
| |||||||
| |||||||
1 | food products directly to consumers. Local food artisans may | ||||||
2 | participate at farmers' markets. | ||||||
3 | (c) In order to facilitate the orderly and uniform | ||||||
4 | statewide implementation of the standards established in the | ||||||
5 | Department of Public Health's administrative rules for this Act | ||||||
6 | interpretation of the Department of Public Health's Technical | ||||||
7 | Information Bulletin/Food #30 , the Farmers' Market Task Force | ||||||
8 | shall be formed by the Director to assist the Department in | ||||||
9 | implementing statewide administrative regulations for farmers' | ||||||
10 | markets. | ||||||
11 | (d)
This Act does not intend and shall not be construed to | ||||||
12 | limit the power of counties, municipalities, and other local | ||||||
13 | government units to regulate farmers' markets for the | ||||||
14 | protection of the public health, safety, morals, and welfare, | ||||||
15 | including, but not limited to, licensing requirements and time, | ||||||
16 | place, and manner restrictions. This Act provides for a | ||||||
17 | statewide scheme for the orderly and consistent interpretation | ||||||
18 | of the Department of Public Health administrative rules | ||||||
19 | pertaining to the safety of food and food products sold at | ||||||
20 | farmers' markets. | ||||||
21 | (e) The Farmers' Market Task Force shall consist of at | ||||||
22 | least 24 members appointed within
60 days after the effective | ||||||
23 | date of this Section. Task Force members shall consist of: | ||||||
24 | (1) one person appointed by the President of the | ||||||
25 | Senate; | ||||||
26 | (2) one person appointed by the Minority Leader of the |
| |||||||
| |||||||
1 | Senate; | ||||||
2 | (3) one person appointed by the Speaker of the House of | ||||||
3 | Representatives; | ||||||
4 | (4) one person appointed by the Minority Leader of the | ||||||
5 | House of Representatives; | ||||||
6 | (5) the Director of Public Health or his or her | ||||||
7 | designee; | ||||||
8 | (6) the Director of Agriculture or his or her designee; | ||||||
9 | (7) a representative of a general agricultural | ||||||
10 | production association appointed by the Department of | ||||||
11 | Agriculture; | ||||||
12 | (8) three representatives of local county public | ||||||
13 | health departments appointed by the Director and selected | ||||||
14 | from 3 different counties representing each of the | ||||||
15 | northern, central, and southern portions of this State; | ||||||
16 | (9) four members of the general public who are engaged | ||||||
17 | in local farmers' markets appointed by the Director of | ||||||
18 | Agriculture; | ||||||
19 | (10) a representative of an association representing | ||||||
20 | public health administrators appointed by the Director; | ||||||
21 | (11) a representative of an organization of public | ||||||
22 | health departments that serve the City of Chicago and the | ||||||
23 | counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, | ||||||
24 | Will, and Winnebago appointed by the Director; | ||||||
25 | (12) a representative of a general public health | ||||||
26 | association appointed by the Director; |
| |||||||
| |||||||
1 | (13) the Director of Commerce and Economic Opportunity | ||||||
2 | or his or her designee; | ||||||
3 | (14) the Lieutenant Governor or his or her designee; | ||||||
4 | and | ||||||
5 | (15) five farmers who sell their farm products at | ||||||
6 | farmers' markets appointed by the Lieutenant Governor or | ||||||
7 | his or her designee. | ||||||
8 | Task Force members' terms shall be for a period of 2 years, | ||||||
9 | with ongoing appointments made according to the provisions of | ||||||
10 | this Section. | ||||||
11 | (f) The Task Force shall be convened by the Director or his | ||||||
12 | or her designee. Members shall elect a Task Force Chair and | ||||||
13 | Co-Chair. | ||||||
14 | (g) Meetings may be held via conference call, in person, or | ||||||
15 | both. Three members of the Task Force may call a meeting as | ||||||
16 | long as a 5-working-day notification is sent via mail, e-mail, | ||||||
17 | or telephone call to each member of the Task Force. | ||||||
18 | (h) Members of the Task Force shall serve without | ||||||
19 | compensation. | ||||||
20 | (i) The Task Force shall undertake a comprehensive and | ||||||
21 | thorough review of the current Statutes and administrative | ||||||
22 | rules that define which products and practices are permitted | ||||||
23 | and which products and practices are not permitted at farmers' | ||||||
24 | markets and to assist the Department in developing statewide | ||||||
25 | administrative regulations for farmers' markets. | ||||||
26 | (j) The Task Force shall advise the Department regarding |
| |||||||
| |||||||
1 | the content of any administrative rules adopted under this Act | ||||||
2 | prior to adoption of the rules. Any administrative rules, | ||||||
3 | except emergency rules adopted pursuant to Section 5-45 of the | ||||||
4 | Illinois Administrative Procedure Act, adopted without | ||||||
5 | obtaining the advice of the Task Force are null and void. If | ||||||
6 | the Department fails to follow the advice of the Task Force, | ||||||
7 | the Department shall, prior to adopting the rules, transmit a | ||||||
8 | written explanation to the Task Force. If the Task Force, | ||||||
9 | having been asked for its advice, fails to advise the | ||||||
10 | Department within 90 days after receiving the rules for review, | ||||||
11 | the rules shall be considered to have been approved by the Task | ||||||
12 | Force. The Task Force shall assist the Department of Public | ||||||
13 | Health and the Department of Agriculture in developing | ||||||
14 | administrative regulations and procedures regarding the | ||||||
15 | implementation of the various Acts that define which products | ||||||
16 | and practices are permitted and which products and practices | ||||||
17 | are not permitted at farmers' markets. | ||||||
18 | (k) The Department of Public Health shall provide staffing | ||||||
19 | support to the Task Force and shall help to prepare, print, and | ||||||
20 | distribute all reports deemed necessary by the Task Force. | ||||||
21 | (l) The Task Force may request assistance from any entity | ||||||
22 | necessary or useful for the performance of its duties. The Task | ||||||
23 | Force shall issue a report annually to the Secretary of the | ||||||
24 | Senate and the Clerk of the House. | ||||||
25 | (m) The following provisions shall apply concerning | ||||||
26 | statewide farmers' market food safety guidelines: |
| |||||||
| |||||||
1 | (1) The Director, in accordance with this Section, | ||||||
2 | shall adopt administrative rules (as provided by the | ||||||
3 | Illinois Administrative Procedure Act) for foods found at | ||||||
4 | farmers' markets. | ||||||
5 | (2) The rules and regulations described in this Act | ||||||
6 | shall be consistently enforced by local health authorities | ||||||
7 | throughout the State. | ||||||
8 | (2.5) Notwithstanding any other provision of law | ||||||
9 | except as provided in this Act, local public health | ||||||
10 | departments and all other units of local government are | ||||||
11 | prohibited from creating sanitation guidelines, rules, or | ||||||
12 | regulations for farmers' markets that are more stringent | ||||||
13 | than those farmers' market sanitation regulations | ||||||
14 | contained in the administrative rules adopted by the | ||||||
15 | Department for the purposes of implementing Section 3.3 of | ||||||
16 | this Act. Except as provided for in Section 3.4 of this | ||||||
17 | Act, this Act does not intend and shall not be construed to | ||||||
18 | limit the power of local health departments and other | ||||||
19 | government units from requiring licensing and permits for | ||||||
20 | the sale of commercial food products, processed food | ||||||
21 | products, prepared foods, and potentially hazardous foods | ||||||
22 | at farmers' markets or conducting related inspections and | ||||||
23 | enforcement activities, so long as those permits and | ||||||
24 | licenses do not include unreasonable fees or sanitation | ||||||
25 | provisions and rules that are more stringent than those | ||||||
26 | laid out in the administrative rules adopted by the |
| |||||||
| |||||||
1 | Department for the purposes of implementing Section 3.3 of | ||||||
2 | this Act. | ||||||
3 | (3) In the case of alleged non-compliance with the | ||||||
4 | provisions described in this Act, local health departments | ||||||
5 | shall issue written notices to vendors and market managers | ||||||
6 | of any noncompliance issues. | ||||||
7 | (4) Produce and food products coming within the scope | ||||||
8 | of the provisions of this Act shall include, but not be | ||||||
9 | limited to, raw agricultural products, including fresh | ||||||
10 | fruits and vegetables; popcorn, grains, seeds, beans, and | ||||||
11 | nuts that are whole, unprocessed, unpackaged, and | ||||||
12 | unsprouted; fresh herb springs and dried herbs in bunches; | ||||||
13 | baked goods sold at farmers' markets; cut fruits and | ||||||
14 | vegetables; milk and cheese products; ice cream; syrups; | ||||||
15 | wild and cultivated mushrooms; apple cider and other fruit | ||||||
16 | and vegetable juices; herb vinegar; garlic-in-oil; | ||||||
17 | flavored oils; pickles, relishes, salsas, and other canned | ||||||
18 | or jarred items; shell eggs; meat and poultry; fish; | ||||||
19 | ready-to-eat foods; and commercially produced prepackaged | ||||||
20 | food products ; and any additional items specified in the | ||||||
21 | administrative rules adopted by the Department to | ||||||
22 | implement Section 3.3 of this Act . | ||||||
23 | (n) Local health department regulatory guidelines may be | ||||||
24 | applied to foods not often found at farmers' markets, all other | ||||||
25 | food products not regulated by the Department of Agriculture | ||||||
26 | and the Department of Public Health, as well as live animals to |
| |||||||
| |||||||
1 | be sold at farmers' markets. | ||||||
2 | (o) The Task Force shall issue annual reports to the | ||||||
3 | Secretary of the Senate and the Clerk of the House with | ||||||
4 | recommendations for the development of administrative rules as | ||||||
5 | specified. The first report shall be issued no later than | ||||||
6 | December 31, 2012. | ||||||
7 | (p) The Department of Public Health and the Department of | ||||||
8 | Agriculture, in conjunction with the Task Force, shall adopt | ||||||
9 | administrative rules necessary to implement, interpret, and | ||||||
10 | make specific the provisions of this Act, including, but not | ||||||
11 | limited to, rules concerning labels, sanitation, and food | ||||||
12 | product safety according to the realms of their jurisdiction in | ||||||
13 | accordance with subsection (j) of this Section. The Task Force | ||||||
14 | shall submit recommendations for administrative rules to the | ||||||
15 | Department no later than December 15, 2014 .
| ||||||
16 | (q) The Department and the Task Force shall work together | ||||||
17 | to create a food sampling training and license program as | ||||||
18 | specified in Section 3.4 of this Act. | ||||||
19 | (Source: P.A. 97-394, eff. 8-16-11.) | ||||||
20 | (410 ILCS 625/3.4 new) | ||||||
21 | Sec. 3.4. Product samples. | ||||||
22 | (a) For the purpose of this Section, "food product | ||||||
23 | sampling" means food product samples distributed free of charge | ||||||
24 | for promotional or educational purposes only. | ||||||
25 | (b) Notwithstanding any other provision of law, except as |
| |||||||
| |||||||
1 | provided in subsection (c) of this Section, a vendor who | ||||||
2 | engages in food product sampling at a farmers' market may do so | ||||||
3 | without obtaining a State or local permit to provide those food | ||||||
4 | product samples, provided the vendor complies with the State | ||||||
5 | and local permit requirements to sell the food product to be | ||||||
6 | sampled and with the food preparation, food handling, food | ||||||
7 | storage, and food sampling requirements specified in the | ||||||
8 | administrative rules adopted by the Department to implement | ||||||
9 | Section 3.3 and Section 3.4 of this Act. | ||||||
10 | The Department of Public Health is instructed to work with | ||||||
11 | the Farmers' Market Task Force as created in Section 3.3 of | ||||||
12 | this Act to establish a food sampling at farmers' market | ||||||
13 | training and certification program to fulfill this | ||||||
14 | requirement. The Department shall adopt rules for the food | ||||||
15 | sampling training and certification program and product | ||||||
16 | sampling requirements at farmers' markets in accordance with | ||||||
17 | subsection (j) of Section 3.3. The Department may charge a | ||||||
18 | reasonable fee for the training and certification program. The | ||||||
19 | Department may delegate or contract authority to administer the | ||||||
20 | food sampling training to other qualified public and private | ||||||
21 | entities. | ||||||
22 | (c) Notwithstanding the provisions of subsection (b) of | ||||||
23 | this Section, the Department of Public Health, the Department | ||||||
24 | of Agriculture, a local municipal health department, or a | ||||||
25 | certified local health department may inspect a vendor at a | ||||||
26 | farmers' market to ensure compliance with the provisions in |
| |||||||
| |||||||
1 | this Section. If an imminent health hazard exists or a vendor's | ||||||
2 | product has been found to be misbranded, adulterated, or not in | ||||||
3 | compliance with the permit exemption for vendors pursuant to | ||||||
4 | this Section, then the regulatory authority may invoke | ||||||
5 | cessation of sales until it deems that the situation has been | ||||||
6 | addressed. | ||||||
7 | (410 ILCS 625/3.5 new) | ||||||
8 | Sec. 3.5. Product origin. | ||||||
9 | (a) All vendors or booths selling specialty crops and raw | ||||||
10 | agricultural commodities at a farmers' market in Illinois must | ||||||
11 | post at the point of sale a placard or include on a label or | ||||||
12 | packing slip the physical address of the farm or farms on which | ||||||
13 | those products were grown or produced. | ||||||
14 | Specialty crops and raw agricultural commodities purchased | ||||||
15 | through wholesale or retail markets may be offered for resale | ||||||
16 | at a farmers' market. If the physical address of the farm or | ||||||
17 | farms where the products were grown or produced is unknown, | ||||||
18 | then the vendor must post at the point of sale a placard or | ||||||
19 | include on a label or packing slip the physical address and | ||||||
20 | business name, when applicable, where the products were | ||||||
21 | purchased. | ||||||
22 | (b)
Specialty crops and raw agricultural commodities | ||||||
23 | direct marketed at farmers' markets that do not include a | ||||||
24 | placard at the point of sale or on a label or packing slip | ||||||
25 | stating the physical location of the farm on which those |
| |||||||
| |||||||
1 | products were grown or produced shall be considered misbranded. | ||||||
2 | (c) Any related federal rules or regulations adopted | ||||||
3 | through the implementation of the federal Food Safety | ||||||
4 | Modernization Act regarding transparency, traceability, and | ||||||
5 | product origin labeling pertaining to specialty crops and raw | ||||||
6 | agricultural commodities shall supersede the provisions of | ||||||
7 | this Section. | ||||||
8 | (410 ILCS 625/4) | ||||||
9 | Sec. 4. Cottage food operation. | ||||||
10 | (a) For the purpose of this Section: | ||||||
11 | "Cottage food operation" means an operation conducted by a | ||||||
12 | person who produces or packages non-potentially hazardous food | ||||||
13 | in a kitchen located in of that person's primary domestic | ||||||
14 | residence or another appropriately designed and equipped | ||||||
15 | residential or commercial-style kitchen on that property for | ||||||
16 | direct sale by the owner or a family member, stored in the | ||||||
17 | residence or appropriately designed and equipped residential | ||||||
18 | or commercial-style kitchen on that property where the food is | ||||||
19 | made. | ||||||
20 | "Department" means the Department of Public Health. | ||||||
21 | "Farmers' market" means a common facility or area where
| ||||||
22 | farmers gather to sell a variety of fresh fruits and vegetables
| ||||||
23 | and other locally produced farm and food products directly to
| ||||||
24 | consumers. | ||||||
25 | "Potentially hazardous food" means a food that is |
| |||||||
| |||||||
1 | potentially hazardous according to the Department's | ||||||
2 | administrative rules the Federal Food and Drug Administration | ||||||
3 | 2009 Food Code (FDA 2009 Food Code) or any subsequent | ||||||
4 | amendments to the FDA 2009 Food Code . Potentially hazardous | ||||||
5 | food (PHF) in general means a food that requires time and | ||||||
6 | temperature control for safety (TCS) to limit pathogenic | ||||||
7 | microorganism growth or toxin formation. In accordance with the | ||||||
8 | FDA 2009 Food Code, potentially hazardous food does not include | ||||||
9 | a food item that because of its pH or Aw value, or interaction | ||||||
10 | of Aw and pH values, is designated as a non-PHF/non-TCS food in | ||||||
11 | Table A or B of the FDA 2009 Food Code's potentially hazardous | ||||||
12 | food definition. | ||||||
13 | (b) Notwithstanding any other provision of law and except | ||||||
14 | as provided in subsections (c) and (d) of this Section, neither | ||||||
15 | the Department of Public Health nor the Department of | ||||||
16 | Agriculture nor the health department of a unit of local | ||||||
17 | government may regulate the service of food by a cottage food | ||||||
18 | operation providing that all of the following conditions are | ||||||
19 | met: | ||||||
20 | (1) The food is not a potentially hazardous baked good, | ||||||
21 | jam, jelly, preserve, fruit butter, dry herb, dry herb | ||||||
22 | blend, or dry tea blend and is intended for end-use only. | ||||||
23 | The following provisions shall apply: | ||||||
24 | (A) The following jams, jellies and preserves are | ||||||
25 | allowed: apple, apricot, grape, peach, plum, quince, | ||||||
26 | orange, nectarine, tangerine, blackberry, raspberry, |
| |||||||
| |||||||
1 | blueberry, boysenberry, cherry, cranberry, strawberry, | ||||||
2 | red currants, or a combination of these fruits. | ||||||
3 | Rhubarb, tomato, and pepper jellies or jams are not | ||||||
4 | allowed. Any other jams, jellies, or preserves not | ||||||
5 | listed may be produced by a cottage food operation | ||||||
6 | provided their recipe has been tested and documented by | ||||||
7 | a commercial laboratory, at the expense of the cottage | ||||||
8 | food operation, as being not potentially hazardous, | ||||||
9 | containing a pH equilibrium of less than 4.6. | ||||||
10 | (B) The following fruit butters are allowed: | ||||||
11 | apple, apricot, grape, peach, plum, quince, and prune. | ||||||
12 | Pumpkin butter, banana butter, and pear butter are not | ||||||
13 | allowed. Fruit butters not listed may be produced by a | ||||||
14 | cottage food operation provided their recipe has been | ||||||
15 | tested and documented by a commercial laboratory, at | ||||||
16 | the expense of the cottage food operation, as being not | ||||||
17 | potentially hazardous, containing a pH equilibrium of | ||||||
18 | less than 4.6. | ||||||
19 | (C) Baked goods, such as, but not limited to, | ||||||
20 | breads, cookies, cakes, pies, and pastries are | ||||||
21 | allowed. Only high-acid fruit pies that use the | ||||||
22 | following fruits are allowed: apple, apricot, grape, | ||||||
23 | peach, plum, quince, orange, nectarine, tangerine, | ||||||
24 | blackberry, raspberry, blueberry, boysenberry, cherry, | ||||||
25 | cranberry, strawberry, red currants or a combination | ||||||
26 | of these fruits. Fruit pies not listed may be produced |
| |||||||
| |||||||
1 | by a cottage food operation provided their recipe has | ||||||
2 | been tested and documented by a commercial laboratory, | ||||||
3 | at the expense of the cottage food operation, as being | ||||||
4 | not potentially hazardous, containing a pH equilibrium | ||||||
5 | of less than 4.6. The following are potentially | ||||||
6 | hazardous and prohibited from production and sale by a | ||||||
7 | cottage food operation: pumpkin pie, sweet potato pie, | ||||||
8 | cheesecake, custard pies, creme pies, and pastries | ||||||
9 | with potentially hazardous fillings or toppings. | ||||||
10 | (2) The food is to be sold at a farmers' market. | ||||||
11 | (3) Gross receipts from the sale of food exempted under | ||||||
12 | this Section do not exceed $25,000 in a calendar year. | ||||||
13 | (4) The food packaging conforms to the labeling | ||||||
14 | requirements of the Illinois Food, Drug and Cosmetic Act | ||||||
15 | and includes the following information on the label of each | ||||||
16 | of its products: | ||||||
17 | (A) the name and address of the cottage food | ||||||
18 | operation; | ||||||
19 | (B) the common or usual name of the food product; | ||||||
20 | (C) all ingredients of the food product, including | ||||||
21 | any colors, artificial flavors, and preservatives, | ||||||
22 | listed in descending order by predominance of weight | ||||||
23 | shown with common or usual names; | ||||||
24 | (D) the following phrase: "This product was | ||||||
25 | produced in a home kitchen not subject to public health | ||||||
26 | inspection that may also process common food |
| |||||||
| |||||||
1 | allergens."; | ||||||
2 | (E) the date the product was processed; and | ||||||
3 | (F) allergen labeling as specified in federal | ||||||
4 | labeling requirements. | ||||||
5 | (5) The name and residence of the person preparing and | ||||||
6 | selling products as a cottage food operation is registered | ||||||
7 | with the health department of a unit of local government | ||||||
8 | where the cottage food operation resides. No fees shall be | ||||||
9 | charged for registration. Registration shall be for a | ||||||
10 | minimum period of one year. | ||||||
11 | (6) The person preparing and selling products as a | ||||||
12 | cottage food operation has a Department of Public Health | ||||||
13 | approved Food Service Sanitation Management Certificate. | ||||||
14 | (7) At the point of sale a placard is displayed in a | ||||||
15 | prominent location that states the following: "This | ||||||
16 | product was produced in a home kitchen not subject to | ||||||
17 | public health inspection that may also process common food | ||||||
18 | allergens.". | ||||||
19 | (c) Notwithstanding the provisions of subsection (b) of | ||||||
20 | this Section, if the Department of Public Health or the health | ||||||
21 | department of a unit of local government has received a | ||||||
22 | consumer complaint or has reason to believe that an imminent | ||||||
23 | health hazard exists or that a cottage food operation's product | ||||||
24 | has been found to be misbranded, adulterated, or not in | ||||||
25 | compliance with the exception for cottage food operations | ||||||
26 | pursuant to this Section, then it may invoke cessation of sales |
| |||||||
| |||||||
1 | until it deems that the situation has been addressed to the | ||||||
2 | satisfaction of the Department. | ||||||
3 | (d) Notwithstanding the provisions of subsection (b) of | ||||||
4 | this Section, a State-certified local public health department | ||||||
5 | may, upon providing a written statement to the Department of | ||||||
6 | Public Health , regulate the service of food by a cottage food | ||||||
7 | operation. The regulation by a State-certified local public | ||||||
8 | health department may include all of the following | ||||||
9 | requirements: | ||||||
10 | (1) That the cottage food operation (A) register with | ||||||
11 | the State-certified local public health department, which | ||||||
12 | shall be for a minimum of one year and may include a | ||||||
13 | reasonable fee set by the State-certified local public | ||||||
14 | health department that is no greater than $25 | ||||||
15 | notwithstanding paragraph (5) of subsection (b) of this | ||||||
16 | Section and (B) agree in writing at the time of | ||||||
17 | registration to grant access to the State-certified local | ||||||
18 | public health department to conduct an inspection of the | ||||||
19 | cottage food operation's primary domestic residence in the | ||||||
20 | event of a consumer complaint or foodborne illness | ||||||
21 | outbreak. | ||||||
22 | (2) That in the event of a consumer complaint or | ||||||
23 | foodborne illness outbreak the State-certified local | ||||||
24 | public health department is allowed to (A) inspect the | ||||||
25 | premises of the cottage food operation in question and (B) | ||||||
26 | set a reasonable fee for that inspection.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-393, eff. 1-1-12.) | ||||||
2 | Section 10. The Sanitary Food Preparation Act is amended by | ||||||
3 | changing Section 11 as follows:
| ||||||
4 | (410 ILCS 650/11) (from Ch. 56 1/2, par. 77)
| ||||||
5 | Sec. 11.
Except as hereinafter provided and as provided in | ||||||
6 | Sections 3.3 , 3.4, and 4 of the Food Handling Regulation | ||||||
7 | Enforcement Act, the Department of Public
Health shall enforce | ||||||
8 | this Act, and for that purpose it may at all times
enter every | ||||||
9 | such building, room, basement, inclosure or premises
occupied | ||||||
10 | or used or suspected of being occupied or used for the
| ||||||
11 | production, preparation or manufacture for sale, or the | ||||||
12 | storage, sale,
distribution or transportation of such food, to | ||||||
13 | inspect the premises and
all utensils, fixtures, furniture and | ||||||
14 | machinery used as aforesaid; and
if upon inspection any such | ||||||
15 | food producing or distribution
establishment, conveyance, or | ||||||
16 | employer, employee, clerk, driver or other
person is found to | ||||||
17 | be violating any of the provisions of this Act, or if
the | ||||||
18 | production, preparation, manufacture, packing, storage, sale,
| ||||||
19 | distribution or transportation of such food is being conducted | ||||||
20 | in a
manner detrimental to the health of the employees and | ||||||
21 | operatives, or to
the character or quality of the food therein | ||||||
22 | being produced,
manufactured, packed, stored, sold, | ||||||
23 | distributed or conveyed, the officer
or inspector making the | ||||||
24 | inspection or examination shall report such
conditions and |
| |||||||
| |||||||
1 | violations to the Department. The Department of
Agriculture | ||||||
2 | shall have exclusive jurisdiction for the enforcement of
this | ||||||
3 | Act insofar as it relates to establishments defined by Section | ||||||
4 | 2.5
of "The Meat and Poultry Inspection Act", approved July
22, | ||||||
5 | 1959, as heretofore or hereafter amended. The Department of
| ||||||
6 | Agriculture or Department of Public Health, as the case may be, | ||||||
7 | shall
thereupon issue a written order to the person, firm or | ||||||
8 | corporation
responsible for the violation or condition | ||||||
9 | aforesaid to abate such
condition or violation or to make such | ||||||
10 | changes or improvements as may be
necessary to abate them, | ||||||
11 | within such reasonable time as may be required.
Notice of the | ||||||
12 | order may be served by delivering a copy thereof to the
person, | ||||||
13 | firm or corporation, or by sending a copy thereof by registered
| ||||||
14 | mail, and the receipt thereof through the post office shall be | ||||||
15 | prima
facie evidence that notice of the order has been | ||||||
16 | received. Such person,
firm or corporation may appear in person | ||||||
17 | or by attorney before the
Department of Agriculture or the | ||||||
18 | Department of Public Health, as the
case may be, within the | ||||||
19 | time limited in the order, and shall be given an
opportunity to | ||||||
20 | be heard and to show why such order or instructions
should not | ||||||
21 | be obeyed. The hearing shall be under such rules and
| ||||||
22 | regulations as may be prescribed by the Department of | ||||||
23 | Agriculture or the
Department of Public Health, as the case may | ||||||
24 | be. If after such hearing
it appears that this Act has not been | ||||||
25 | violated, the order shall be
rescinded. If it appears that this | ||||||
26 | Act is being violated, and that the
person, firm or corporation |
| |||||||
| |||||||
1 | notified is responsible therefor, the
previous order shall be | ||||||
2 | confirmed or amended, as the facts shall
warrant, and shall | ||||||
3 | thereupon be final, but such additional time as is
necessary | ||||||
4 | may be granted within which to comply with the final order. If
| ||||||
5 | such person, firm or corporation is not present or represented | ||||||
6 | when such
final order is made, notice thereof shall be given as | ||||||
7 | above provided. On
failure of the party or parties to comply | ||||||
8 | with the first order of the
Department of Agriculture or the | ||||||
9 | Department of Public Health, as the
case may be, within the | ||||||
10 | time prescribed, when no hearing is demanded, or
upon failure | ||||||
11 | to comply with the final order within the time specified,
the | ||||||
12 | Department shall certify the facts to the State's Attorney of | ||||||
13 | the
county in which such violation occurred, and such State's | ||||||
14 | Attorney shall
proceed against the party or parties for the | ||||||
15 | fines and penalties
provided by this Act, and also for the | ||||||
16 | abatement of the nuisance:
Provided, that the proceedings | ||||||
17 | herein prescribed for the abatement of
nuisances as defined in | ||||||
18 | this Act shall not in any manner relieve the
violator from | ||||||
19 | prosecution in the first instance for every such
violation, nor | ||||||
20 | from the penalties for such violation prescribed by
Section 13.
| ||||||
21 | (Source: P.A. 97-393, eff. 1-1-12; 97-394, eff. 8-16-11; | ||||||
22 | 97-813, eff. 7-13-12.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.".
|