Full Text of SB3195 100th General Assembly
SB3195enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 .
| 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 .
| 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.
| 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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