SB3838 102ND GENERAL ASSEMBLY

LRB102 24488 CPF 33722 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3838

Introduced 1/21/2022, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

410 ILCS 625/3.3

Amends the Food Handling Regulation Enforcement Act. Provides that a farmer who sells meat, poultry, eggs, or dairy products from the premises of the farmer's farm is exempt from licensing by the farmer's local health department under specified conditions. Provides that local health departments may issue Farmers' Market Retail Permits for the sale of products at farmers' markets and at semi-permanent events not to exceed 100 days of operation in a calendar year. Provides that a Farmers' Market Retail Permit shall be valid for one year and that the fee for obtaining a Farmers' Market Retail Permit shall not exceed $150. Removes provisions regarding administrative rules, produce, and food products for farmers' markets. Contains other provisions. Effective January 1, 2023.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Food Handling Regulation Enforcement Act is amended by changing Section 3.3 as follows:

(410 ILCS 625/3.3)

Sec. 3.3. Farms and farmers' Farmers' markets; Farmers' Market Retail Permit.

(a) The General Assembly finds as follows:

(1) Farms and farmers' Farmers' markets, as that term is defined in subsection (b) of this Section, provide not only a valuable marketplace for farmers and food artisans to sell their products directly to consumers, but also a place for consumers to access fresh fruits, vegetables, and other agricultural products.

(2) Farms and farmers' Farmers' markets serve as a stimulator for local economies and for thousands of new businesses every year, allowing farmers to sell directly to consumers and capture the full retail value of their products. They have become important community institutions and have figured in the revitalization of downtown districts and rural communities.

(3) Since 1999, the number of farmers' markets has tripled and new ones are being established every year. There is a lack of consistent regulation from one county to the next, resulting in confusion and discrepancies between counties regarding how products may be sold. There continue to be inconsistencies, confusion, and lack of awareness by consumers, farmers, markets, and local health authorities of required guidelines affecting on-farm sales and farmers' markets from county to county.

(4) (Blank).

(5) (Blank).

(6) Recognizing that farms and farmers' markets serve as small business incubators, that direct-to-consumer sales on-farm or via delivery are an important part of small farm livelihood, and that farmers' profit margins frequently are narrow, even in direct-to-consumer retail, protecting farmers from costs of regulation that are disproportionate to their profits will help ensure the continued viability of these local farms and small businesses.

(b) For the purposes of this Section:

"Department" means the Department of Public Health.

"Director" means the Director of Public Health.

"Farmer" means an individual who is a resident of Illinois and owns or leases land in Illinois that is used as a farm, as that term is defined in Section 1-60 of the Property Tax Code, or that individual's employee.

"Farmers' market" means a common facility or area where the primary purpose is for farmers to gather to sell a variety of fresh fruits and vegetables and other locally produced farm and food products directly to consumers.

"Local health department" means a State-certified health department of a unit of local government.

(c) (Blank).

(d) This Section does not intend and shall not be construed to limit the power of counties, municipalities, and other local government units to regulate farmers' markets for the protection of the public health, safety, morals, and welfare, including, but not limited to, licensing requirements and time, place, and manner restrictions, except as specified in this Act. This Section provides for a statewide scheme for the orderly and consistent regulation interpretation of the Department's administrative rules pertaining to the safety of food and food products sold on farms and at farmers' markets.

(e) (Blank).

(f) (Blank).

(g) (Blank).

(h) (Blank).

(i) (Blank).

(j) (Blank).

(k) (Blank).

(l) (Blank).

(m) The following provisions shall apply concerning statewide retail sale of farm products at farms, farm stands, farmers' markets, and other direct-to-consumer venues farmers' market food safety guidelines:

(1) (Blank). The Director, in accordance with this Section, shall adopt administrative rules (as provided by the Illinois Administrative Procedure Act) for foods found at farmers' markets.

(2) The rules and regulations described in this Section shall be consistently enforced by local health authorities throughout the State.

(2.5) Notwithstanding any other provision of law except as provided in this Section, local public health departments and all other units of local government are prohibited from creating sanitation guidelines, rules, or regulations for farmers' markets that are more stringent than those farmers' market sanitation regulations contained in this Section the administrative rules adopted by the Department for the purposes of implementing this Section and Sections 3.4, 3.5, and 4 of this Act. Except as provided for in Sections 3.4 and 4 of this Act, this Section does not intend and shall not be construed to limit the power of local health departments and other government units from requiring licensing and permits for the sale of commercial food products, processed food products, prepared foods, and potentially hazardous foods at farmers' markets or conducting related inspections and enforcement activities, so long as those permits and licenses do not include unreasonable fees or sanitation provisions and rules that are more stringent than those laid out in the administrative rules adopted by the Department for the purposes of implementing this Section and Sections 3.4, 3.5, and 4 of this Act.

(2.10) A farmer who sells meat, poultry, eggs, or dairy products produced on the premises of the farmer's farm is exempt from licensing by the farmer's local health department under the following conditions:

(A) The animal from which the product came was raised for a minimum of 30 days on the premises of the farmer's farm.

(B) The product is not processed, except by a licensed facility.

(C) If selling meat, the farmer has a meat broker or meat and poultry broker license issued by the Department of Agriculture.

(D) If selling poultry processed at a licensed facility, the farmer has a poultry broker or meat and poultry broker license issued by the Department of Agriculture, unless the farmer is exempt from licensure under paragraph (B) of Section 5 of the Meat and Poultry Inspection Act.

(E) If selling dairy, the farmer has dairy and dairy processing permits issued by the Department.

(F) If selling candled eggs, the farmer has an Illinois Egg License issued by the Department of Agriculture.

(2.15) A farmer who engages in the off-farm retail sale of meat, poultry, eggs, or dairy products that come from an animal raised for a minimum of 30 days on the farmer's farm may be required to obtain a Farmers' Market Retail Permit from each unit of local government in which a sale of one of those products take place. As part of the permitting process, a local health department may require the farmer to perform the following:

(A) Provide a thermometer for each refrigeration unit, including, but not limited to, a refrigerator, fridge, freezer, or cooler, that is accurate to plus or minus 3 degrees Fahrenheit.

(B) Maintain in good condition all equipment, utensils, and the like, meaning that there are no chips, pitting, or other similar wear.

(C) Provide effective means to maintain cold food temperatures below 41 degrees Fahrenheit and frozen foods below 32 degrees Fahrenheit at all times during the storage and transport of food. A local health department shall not limit a vendor's choice of refrigeration or cooling equipment. As an alternative to mechanical refrigeration, an effectively insulated, hard-sided, and cleanable container with sufficient ice or other cooling means that is intended for the storage of potentially hazardous food shall be used.

(D) For meat, dairy, or poultry products that do not require refrigeration, provide a product hazard analysis and critical control point (HACCP) or food safety plan from a licensed facility as evidence of product safety at specific temperatures for the specified duration that they are not refrigerated.

(E) If selling meat, dairy, or poultry, provide the name and contact information of the licensed facility in which the product was processed.

(F) Meat, poultry, and dairy products may not be further processed beyond the state received from the licensed facility.

(G) If selling eggs, provide an Illinois Egg License issued by the Department of Agriculture.

(H) If selling meat or poultry, provide a meat broker, poultry broker, or meat and poultry broker license issued by the Department of Agriculture.

(I) If selling dairy, provide a dairy license issued by the Department of Public Health.

(2.20) Retail sales regulated under a Farmers' Market Retail Permit issued under paragraph (2.15) include sales at farmers' markets and sales at semi-permanent events not to exceed 100 days of operation in a calendar year.

(2.25) A Farmers' Market Retail Permit shall be valid for one year. The fee for obtaining a Farmers' Market Retail Permit shall not exceed $150. A local health department may inspect the farmer while he or she is vending at a farmers' market or semi-permanent event to ensure compliance with this Section. A local health department may elect not to require a Farmers' Market Retail Permit.

(3) In the case of alleged noncompliance with the provisions described in this Section, local health departments shall issue written notices to vendors and market managers of any noncompliance issues.

(4) (Blank). Produce and food products coming within the scope of the provisions of this Section shall include, but not be limited to, raw agricultural products, including fresh fruits and vegetables; popcorn, grains, seeds, beans, and nuts that are whole, unprocessed, unpackaged, and unsprouted; fresh herb sprigs and dried herbs in bunches; baked goods sold at farmers' markets; cut fruits and vegetables; milk and cheese products; ice cream; syrups; wild and cultivated mushrooms; apple cider and other fruit and vegetable juices; herb vinegar; garlic-in-oil; flavored oils; pickles, relishes, salsas, and other canned or jarred items; shell eggs; meat and poultry; fish; ready-to-eat foods; commercially produced prepackaged food products; and any additional items specified in the administrative rules adopted by the Department to implement Section 3.3 of this Act.

(n) Local health department regulatory guidelines may be applied to foods not often found at farmers' markets, all other food products not regulated by the Department of Agriculture and the Department of Public Health, as well as live animals to be sold at farmers' markets.

(o) (Blank).

(p) (Blank). The Department of Public Health and the Department of Agriculture shall adopt administrative rules necessary to implement, interpret, and make specific the provisions of this Section, including, but not limited to, rules concerning labels, sanitation, and food product safety according to the realms of their jurisdiction.

(q) The Department shall create a food sampling training and license program as specified in Section 3.4 of this Act.

(r) In addition to any rules adopted pursuant to subsection (p) of this Section, the following provisions shall be applied uniformly throughout the State, including to home rule units, except as otherwise provided in this Act:

(1) Farmers market vendors shall provide effective means to maintain potentially hazardous food, as defined in Section 4 of this Act, at 41 degrees Fahrenheit or below. As an alternative to mechanical refrigeration, an effectively insulated, hard-sided, cleanable container with sufficient ice or other cooling means that is intended for the storage of potentially hazardous food shall be used. Local health departments shall not limit vendors' choice of refrigeration or cooling equipment and shall not charge a fee for use of such equipment. Local health departments shall not be precluded from requiring an effective alternative form of cooling if a vendor is unable to maintain food at the appropriate temperature.

(2) Handwashing stations may be shared by farmers' market vendors if handwashing stations are accessible to vendors.

(Source: P.A. 100-488, eff. 6-1-18; 100-805, eff. 1-1-19; 101-81, eff. 7-12-19.)

Section 99. Effective date. This Act takes effect January 1, 2023.