Full Text of SB3838 102nd General Assembly
SB3838sam001 102ND GENERAL ASSEMBLY | Sen. David Koehler Filed: 2/18/2022
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| 1 | | AMENDMENT TO SENATE BILL 3838
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3838 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Food Handling Regulation Enforcement Act | 5 | | is amended by changing Section 3.3 as follows: | 6 | | (410 ILCS 625/3.3) | 7 | | Sec. 3.3. Farmers' markets. | 8 | | (a) The General Assembly finds as follows: | 9 | | (1) Farmers' markets, as defined in subsection (b) of | 10 | | this Section, provide not only a valuable marketplace for | 11 | | farmers and food artisans to sell their products directly | 12 | | to consumers, but also a place for consumers to access | 13 | | fresh fruits, vegetables, and other agricultural products. | 14 | | (2) Farmers' markets serve as a stimulator for local | 15 | | economies and for thousands of new businesses every year, | 16 | | allowing farmers to sell directly to consumers and capture |
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| 1 | | the full retail value of their products. They have become | 2 | | important community institutions and have figured in the | 3 | | revitalization of downtown districts and rural | 4 | | communities. | 5 | | (3) Since 1999, the number of farmers' markets has | 6 | | tripled and new ones are being established every year. | 7 | | There is a lack of consistent regulation from one county | 8 | | to the next, resulting in confusion and discrepancies | 9 | | between counties regarding how products may be sold. There | 10 | | continue 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 | | (4) (Blank). | 15 | | (5) (Blank). | 16 | | (6) Recognizing that farmers' markets serve as small | 17 | | business incubators and that farmers' profit margins | 18 | | frequently are narrow, even in direct-to-consumer retail, | 19 | | protecting farmers from costs of regulation that are | 20 | | disproportionate to their profits will help ensure the | 21 | | continued viability of these local farms and small | 22 | | businesses. | 23 | | (b) For the purposes of this Section: | 24 | | "Department" means the Department of Public Health. | 25 | | "Director" means the Director of Public Health. | 26 | | "Farmer" means an individual who is a resident of Illinois |
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| 1 | | and owns or leases land in Illinois that is used as a farm, as | 2 | | that term is defined in Section 1-60 of the Property Tax Code, | 3 | | or that individual's employee. | 4 | | "Farmers' market" means a common facility or area where | 5 | | the primary purpose is for farmers to gather to sell a variety | 6 | | of fresh fruits and vegetables and other locally produced farm | 7 | | and food products directly to consumers. | 8 | | "Licensed or permitted processing facility" means a | 9 | | facility that has been inspected, approved, and permitted or | 10 | | licensed by the Department of Agriculture, the Department of | 11 | | Public Health, or a local health department. | 12 | | "Local health department" means a State-certified health | 13 | | department of a unit of local government. | 14 | | "Main ingredient" means an agricultural product that is | 15 | | the defining or distinctive ingredient in a product, though | 16 | | not necessarily by predominance of weight. | 17 | | (c) (Blank). | 18 | | (d)
This Section does not intend and shall not be | 19 | | construed to limit the power of counties, municipalities, and | 20 | | other local government units to regulate farmers' markets for | 21 | | the protection of the public health, safety, morals, and | 22 | | welfare, including, but not limited to, licensing requirements | 23 | | and time, place, and manner restrictions, except as specified | 24 | | in this Act. This Section provides for a statewide scheme for | 25 | | the orderly and consistent regulation interpretation of the | 26 | | Department's administrative rules pertaining to the safety of |
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| 1 | | food and food products sold at farmers' markets. | 2 | | (e) (Blank). | 3 | | (f) (Blank). | 4 | | (g) (Blank). | 5 | | (h) (Blank). | 6 | | (i) (Blank). | 7 | | (j) (Blank). | 8 | | (k) (Blank). | 9 | | (l) (Blank). | 10 | | (m) The following provisions shall apply concerning | 11 | | statewide retail sale of farm products at farmers' markets | 12 | | farmers' market food safety guidelines : | 13 | | (1) (Blank). The Director, in accordance with this | 14 | | Section, shall adopt administrative rules (as provided by | 15 | | the Illinois Administrative Procedure Act) for foods found | 16 | | at farmers' markets. | 17 | | (2) Local health departments may conduct enforcement | 18 | | actions under and pursuant to this Section. The rules and | 19 | | regulations described in this Section shall be | 20 | | consistently enforced by local health authorities | 21 | | throughout the State. | 22 | | (2.5) Notwithstanding any other provision of law | 23 | | except as provided in this Section, local public health | 24 | | departments and all other units of local government are | 25 | | prohibited from creating sanitation guidelines, rules, or | 26 | | regulations for farmers' markets that are more stringent |
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| 1 | | than those farmers' market sanitation regulations | 2 | | contained in this Section. the administrative rules | 3 | | adopted by the Department for the purposes of implementing | 4 | | this Section and Sections 3.4, 3.5, and 4 of this Act. | 5 | | Except as provided for in Sections 3.4 and 4 of this Act, | 6 | | this Section does not intend and shall not be construed to | 7 | | limit the power of local health departments and other | 8 | | government units from requiring licensing and permits for | 9 | | the sale of commercial food products, processed food | 10 | | products, prepared foods, and potentially hazardous foods | 11 | | at farmers' markets or conducting related inspections and | 12 | | enforcement activities, so long as those permits and | 13 | | licenses do not include unreasonable fees or sanitation | 14 | | provisions and rules that are more stringent than those | 15 | | laid out in the administrative rules adopted by the | 16 | | Department for the purposes of implementing this Section | 17 | | and Sections 3.4, 3.5, and 4 of this Act. | 18 | | (2.10) A farmer who engages in the sale of any of the | 19 | | following products shall obtain a Farmers' Market Permit | 20 | | from each local health department that chooses to require | 21 | | a Farmers' Market Permit for each unit of local government | 22 | | in which a sales takes place: | 23 | | (A) Frozen, potentially hazardous foods that are | 24 | | prepackaged at a licensed or permitted processing | 25 | | facility but have the main ingredient grown or raised | 26 | | on the farmer's farm. |
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| 1 | | (B) Meat, poultry, dairy, and eggs raised or grown | 2 | | on the farm of the farmer selling the food product. | 3 | | Nothing in this paragraph shall alter any obligation | 4 | | under the Grade A Pasteurized Milk and Milk Products Act. | 5 | | (2.15) As part of the permitting process for a | 6 | | Farmers' Market Permit, a local health department may | 7 | | require the applicant to perform the following: | 8 | | (A) Provide the address of the applicant's farm | 9 | | and his or her contact information. | 10 | | (B) Provide a list of products intended for sale. | 11 | | (C) Provide a thermometer for each refrigeration | 12 | | unit, including, but not limited to, a refrigerator, | 13 | | fridge, freezer, or cooler, that is accurate to plus | 14 | | or minus 3 degrees Fahrenheit. | 15 | | (D) Maintain in good condition all equipment, | 16 | | utensils, and the like, meaning that there are no | 17 | | chips, pitting, or other similar wear. | 18 | | (E) Provide effective means to maintain cold food | 19 | | temperatures below 41 degrees Fahrenheit and frozen | 20 | | foods below 32 degrees Fahrenheit. | 21 | | (F) For meat, dairy, or poultry products that do | 22 | | not require refrigeration, provide a product hazard | 23 | | analysis and critical control point (HACCP) or food | 24 | | safety plan from a licensed facility as evidence of | 25 | | product safety at specific temperatures for the | 26 | | specified duration that they are not refrigerated. |
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| 1 | | (G) The name, address, and contact information of | 2 | | the licensed or permitted processing facility at which | 3 | | products were processed. | 4 | | (H) If selling eggs, provide an Illinois Egg | 5 | | License issued by the Department of Agriculture. | 6 | | (I) At least one annual inspection. Inspections | 7 | | may occur on site at the farmers market, or a local | 8 | | health department may require once annually that the | 9 | | farmer applicant go to an alternate location to | 10 | | conduct the inspection. | 11 | | (2.20) A Farmers' Market Permit shall be valid for one | 12 | | year. The fee for obtaining a Farmers' Market Permit shall | 13 | | not exceed the following: | 14 | | (A) $75 for a limited egg Farmers' Market Permit | 15 | | covering only the sale of eggs. | 16 | | (B) $175 for a full Farmers' Market Permit | 17 | | covering any combination of meat, poultry, dairy, | 18 | | eggs, and frozen foods grown, raised, or produced on | 19 | | or in a licensed or permitted processing facility. | 20 | | The fee limits imposed under this paragraph shall be | 21 | | increased by 10% on January 1, 2026 and on January 1 of | 22 | | every third year thereafter. | 23 | | (2.25) A local health department shall meet the | 24 | | following requirements in creating, setting, or amending | 25 | | the fee required for a Farmers' Market Permit under this | 26 | | subsection: |
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| 1 | | (A) A local health department shall solicit public | 2 | | input in determining the initial fee or fees for a | 3 | | Farmers' Market Permit, and also at any time a fee | 4 | | increase is proposed by the local health department, | 5 | | by one or all of the following means: | 6 | | (i) Convene at least one public meeting to | 7 | | allow verbal and written public input regarding | 8 | | the intent to create, set, or amend a fee. Before | 9 | | the public meeting, all farmers' market operators | 10 | | in the local health department's jurisdiction and | 11 | | all existing Farmers' Market Permit holders that | 12 | | are permitted in the local health department's | 13 | | jurisdiction shall be notified using the best | 14 | | efforts of the local health department. | 15 | | (ii) Provide public notice and solicit written | 16 | | comments from the public regarding the intent to | 17 | | create, set, or amend a fee. Before the comment | 18 | | period, all farmers' market operators in the | 19 | | jurisdiction and all existing Farmers' Market | 20 | | Permit holders that are permitted in the local | 21 | | health department's jurisdiction shall be notified | 22 | | using the best efforts of the local health | 23 | | department. | 24 | | (B) A local health department shall consider all | 25 | | public comments received in creating, setting, or | 26 | | amending a fee. |
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| 1 | | (C) A local health department has final discretion | 2 | | to create, set, or amend a fee, subject to the fee | 3 | | limits under subparagraph (A) of paragraph (2.20). | 4 | | (D) A local health department shall amend a fee no | 5 | | more than once per year. | 6 | | (E) All comments received under this paragraph | 7 | | shall be provided to the locally elected or appointed | 8 | | governing body of the location that the local health | 9 | | department is located at. | 10 | | (F) A local health department is not required to | 11 | | create a new process to solicit public input regarding | 12 | | the creation, setting, or amending of fees if it | 13 | | already has a process in place that meets the minimum | 14 | | requirements set forth in this paragraph. | 15 | | (2.30) A home rule unit may not regulate Farmers' | 16 | | Market Permits in a manner inconsistent with the | 17 | | regulation by the State of Farmers' Market Permits under | 18 | | this subsection. This paragraph is a limitation under | 19 | | subsection (i) of Section 6 of Article VII of the Illinois | 20 | | Constitution on the concurrent exercise by home rule units | 21 | | of powers and functions exercised by the State. | 22 | | (3) In the case of alleged noncompliance with the | 23 | | provisions described in this Section, local health | 24 | | departments shall issue written notices to vendors and | 25 | | market managers of any noncompliance issues. Citations may | 26 | | be issued to farmers who do not have or display their |
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| 1 | | Farmers' Market Permits. Repeat violations may result in | 2 | | fines or Farmers' Market Permit suspension by a local | 3 | | health department. | 4 | | (4) (Blank). Produce and food products coming within | 5 | | the scope of the provisions of this Section shall include, | 6 | | but not be limited to, raw agricultural products, | 7 | | including fresh fruits and vegetables; popcorn, grains, | 8 | | seeds, beans, and nuts that are whole, unprocessed, | 9 | | unpackaged, and unsprouted; fresh herb sprigs and dried | 10 | | herbs in bunches; baked goods sold at farmers' markets; | 11 | | cut fruits and vegetables; milk and cheese products; ice | 12 | | cream; syrups; wild and cultivated mushrooms; apple cider | 13 | | and other fruit and vegetable juices; herb vinegar; | 14 | | garlic-in-oil; flavored oils; pickles, relishes, salsas, | 15 | | and other canned or jarred items; shell eggs; meat and | 16 | | poultry; fish; ready-to-eat foods; commercially produced | 17 | | prepackaged food products; and any additional items | 18 | | specified in the administrative rules adopted by the | 19 | | Department to implement Section 3.3 of this Act. | 20 | | (n) Local health department regulatory guidelines may be | 21 | | applied to foods not often found at farmers' markets, all | 22 | | other food products not regulated by the Department of | 23 | | Agriculture and the Department of Public Health, as well as | 24 | | live animals to be sold at farmers' markets. | 25 | | (o) (Blank). | 26 | | (p) The Department of Public Health and the Department of |
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| 1 | | Agriculture shall adopt administrative rules necessary to | 2 | | implement, interpret, and make specific the provisions of this | 3 | | Section, including, but not limited to, rules concerning | 4 | | labels, sanitation, and food product safety according to the | 5 | | realms of their jurisdiction.
| 6 | | (q) The Department shall create a food sampling training | 7 | | and license program as specified in Section 3.4 of this Act. | 8 | | (r) In addition to any rules adopted pursuant to | 9 | | subsection (p) of this Section, the following provisions shall | 10 | | be applied uniformly throughout the State, including to home | 11 | | rule units, except as otherwise provided in this Act: | 12 | | (1) Farmers market vendors shall provide effective | 13 | | means to maintain potentially hazardous food, as defined | 14 | | in Section 4 of this Act, at 41 degrees Fahrenheit or | 15 | | below. As an alternative to mechanical refrigeration, an | 16 | | effectively insulated, hard-sided, cleanable container | 17 | | with sufficient ice or other cooling means that is | 18 | | intended for the storage of potentially hazardous food | 19 | | shall be used. Local health departments shall not limit | 20 | | vendors' choice of refrigeration or cooling equipment and | 21 | | shall not charge a fee for use of such equipment. Local | 22 | | health departments shall not be precluded from requiring | 23 | | an effective alternative form of cooling if a vendor is | 24 | | unable to maintain food at the appropriate temperature. | 25 | | (2) Handwashing stations may be shared by farmers' | 26 | | market vendors if handwashing stations are accessible to |
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| 1 | | vendors. | 2 | | (Source: P.A. 100-488, eff. 6-1-18; 100-805, eff. 1-1-19; | 3 | | 101-81, eff. 7-12-19.)".
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